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Redundancy during pregnancy due to company disbanding

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  1. #11

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    Quote Originally Posted by MovingIn07:
    Having looked into this extensively when we were trying to make someone redundant (also for performance reasons), I recall two things that might be relevant here. 1) poor performance does allow a company to side-step the pregnancy provisions (provided it is well documented etc) and 2) after being given notice you have one week to produce the pregnancy certificate only.

    I think you lose on both counts.

    On a personal note - I'd never knowingly employ someone like you! You work (badly, it seems) for a short period of time and then want to take the firm to the cleaners when they (might) be doing badly? Jesus. As an employer now I know the stress of worrying about the responsibilities to staff of staying in business and all our staff have been great during this difficult time, pulling together and working hard to keep us afloat. If we'd still had the one I mentioned above, she'd have been enough to sink the whole firm (you must be related). It's scary actually when you accidentally employ people like this and they cause nothing but grief. Why not work at being the loyal employee that employers go out of their way to look after? You'll win in the long run.
    Unfortunately, the OPs attitude is exactly why a lot of employers in small business will refuse to employ women under a certain age. Why should we pay for your choice when we've had so little from you?? ?? ??

  2. #12

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    Original Post Deleted
    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?
    HongKongFoot, MovingIn07 and PDLM like this.

  3. #13

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    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.
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  4. #14

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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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  5. #15

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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...


  6. #16
    Quote Originally Posted by jaykay:
    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.
    Posted via Mobile Device
    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?

  7. #17

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    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.


  8. #18

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    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.


  9. #19

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    Quote Originally Posted by subflatus:
    Hi,

    I am seeking some advice for this particular situation, I'd appreciate any help I can get.

    The company I have worked for is closing down their HK office, we have been offered to either relocate to a different office or to take a redundancy package. Here are the specifics,

    Length of service: just over one year
    Notice period required in contract: 1 month for either party
    $$ offered in redundancy package: about 1 month
    Maternity notice served: not yet, will have medical certificate later this month
    Employment status: currently on 6 month probation due to 'performance'

    Once I provide a certificate of pregnancy, am I still entitled to the maternity protection against termination offered by law if the company I work for intend to cease its operation? Note that I have already received offer to relocate but have not yet received dismissal notice. If so, what is the minimum amount they are obligated pay out?
    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.