So you think that somebody who has worked for a company for just over 1 year and aleady finds themselves on probation for poor performance should be allowed to further bleed this company because she chose to become pregnant? Why should the business pay for that? Doesn't her behaviour make the environment more difficult for women generally?? Have you ever actually been an employer?Original Post Deleted
If you read further down the page on the link you provided you'll see none of this applies if you're on probation, which the OP stated she is due to performance issues. She hasn't yet submitted a doctors certificate of pregnancy so this is all pretty much moot anyway.Original Post Deleted
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Easy one for the OP to verify then isn't it. She can share with us how many of her colleagues are also under probation for performance issues which will, of course, identify whether the employer is "sneaky" or not.
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seriously i would take the relocation offer and then immediately produce the pregnancy certificate. that way you will never really relocate but still get the benefits
ethics aside of course...
Without giving out too much about which company I work for, let's just say that ever since the 'new management' took over, 1/3 of the most senior employees have left the company, 1/2 of what is left (the rest of most senior employees) was put on probation due to 'performance'. And now they are disbanding the HK office, with unattractive relocation package to everyone I've talked to.
At any rate, I really appreciate the help and support I am getting here. It seems that maternity protection does take precedence before redundancy law. However, MovingIn07 mentioned a good point that I need to produce a certificate within one week of notice. The difficulty here is everything is closed due to the holidays and I worry that I will not be able to make an appointment before then.
I was seeing Lucy Lord in Central before, does anyone know of a place that is opened these few days?
Yeah, how do we know the company didn't all of sudden decide there were all these performance issues so they did as the OP says...put them on performance probation. That would screw them and give the employer flexibility down the road. We can't judge as we are not there.
I disagree with someone taking a job and deliberately getting pregnant for the benefits but we do not know if this was planned or accidental so we should not be too judging of the OP.
Maybe the company are at fault as the OP suggests others are on probation for performance. We do not know if this is right or wrong.
I tend to agree that it certainly seems like milking for an employee to want to take advantage of all possible benefits after less than one year of service. However, if I were in the same position and the employer had not been particularly fair and tried to screw me over in different ways then I would have no issues trying to maximize the severance package so it's a bit preposterous to pass judgment without all the facts.
In any case, there is nothing wrong with working within laws and regulations. If she were entitled to it (which I believe she isn't) then judge the rules and regulation and not the person abiding by them.
Hi I am a employment lawyer in Hong Kong and see this issue all the time.
The protection for pregnant women in Hong Kong under the Employment Ordinance is actually quite extensive and it is unlawful for an employer terminate even for reasons related to redundancy or restructuring. This might seem strange to some but it's the law. It is not unlawful to dismiss during a probation period so this may answer the questions as to why your employer has proported to place you on probation (whether it's effective will depend on the wording of your contract) assuming you're not a poor performer. Other than that the employer can only dimiss you for cause. Having said that we have done deals before for employers and employees to lawfully get round the problem. In terms of giving you a figure I would need to see your employment contract etc and know more facts. If you want proper advice etc please PM me.