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Pregnant during notice period

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  1. #11

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    Jul 2019
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    Ok - perhaps from someone who had experienced this. Thanks


  2. #12

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    Oct 2012
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    6,531

    What do you want? Has the employer done anything wrong?


  3. #13

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    Jul 2019
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    Please see op. Thanks.


  4. #14

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    Jan 2010
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    6,452

    The guidelines say you have to inform your employer about pregnancy, you still haven't done that. The labor department has told you that you can't be dismissed after having informed your employer about the pregnancy, even if the notification wasn't immediately. And yet, you still haven't informed your employer, what other advice do you actually want? I, for one would take the information from the labor department over some anecdotal advice from some stranger on the internet.

    jimbo likes this.

  5. #15

    Join Date
    Mar 2010
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    482

    You obviously haven’t read the rules. You must tell your employer immediately after you are informed of the dismissal. As you didn’t even know you were pregnant at the time then you couldn’t do that.
    I reckon that the dismissal or three months notice, whichever it is, stands.

    traineeinvestor likes this.

  6. #16

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    Jul 2019
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    The relevant rule the labour department referred to when we called is: Employment Protection An employer is prohibited from dismissing a pregnant employee from the date on which she is confirmed pregnant by a medical certificate to the date on which she is due to return to work upon the expiry of her maternity leave if: 1. the employee has been employed under a continuous contract, and 2. she has served a notice of pregnancy to the employer. Their interpretation is that so long as employment continues, a pregnant employee cannot be let go of. Notice to terminate is just notice, the employment relationship is ongoing. We would appreciate someone with similar experience to share how they handled the situation. Thanks.

  7. #17
    Quote Originally Posted by Mary 2:
    You obviously haven’t read the rules. You must tell your employer immediately after you are informed of the dismissal. As you didn’t even know you were pregnant at the time then you couldn’t do that.
    I reckon that the dismissal or three months notice, whichever it is, stands.
    This is correct.

  8. #18

    Join Date
    Feb 2005
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    Manchester, UK
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    So did your mrs notify her company that she is pregnant, what did they say?? did they say she didn't inform them before or immediately after termination so she still has to leave??

    28 years working in HK, the thing I know is that once someone becomes pregnant they immediately get a medical certificate and hand it into HR asafp so that they are protected from being terminated. never heard of handing in certificate a month after being terminated and being kept in the company, possible but highly unlikely, it all depends on what kind of company you work for, some are good, some are shit

    Anyways congrats on the pregnancy and hope you both the best.

    Kaitak_8 likes this.

  9. #19

    Join Date
    Jul 2019
    Posts
    28

    Too much unproven assumptions in your comments. Let’s get back to square one - the labour department in HK has informed us that the employer must withdraw in such case and told us that’s the legal position in HK. We are checking if someone had similar experience.


  10. #20

    Join Date
    Jul 2019
    Posts
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    Thanks! Two months later would be too late for someone who received termination with payment in lieu of notice. Our situation is different since she still works there (albeit in notice period). We are still figuring out what to do -.-


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