Laid off during pregnancy

[cookie09]

Does anyone know the following:

If i am pregnant and the company goes bankrupt, what are the governing rules around it? Or will i be treated exactly the same as any other employee?

[Star Gazer]

Laying you off because you're pregnant is discriminatory.

Laying you off because the company is bankrupt is not discriminatory.

I would say that you would be treated like any other employee. However, whether one is still entiltled to maternity benefits to be included in the redundancy package is a big question mark

[Claire ex-ax]

1. Have you given notice of pregnancy and intention to take maternity leave?

2. Have you worked under continuous contract for at least 40 weeks?

[cookie09]

Claire,

1. It's a theoretical question at this point, as the company is not yet bankrupt (but might go soon). So we haven't given notice yet, but could do so anytime if we need.

2. Yes, worked for more than 1 year at this company

[fth]

If it is bankrupt and you are owed money you will be a creditor along with everyone else. I don't think employees have a favorable treatment ahead of other creditors here in HK but I am happy to stand corrected.

Thus if you are even owed money it will take time for you to get it back and even then it might be pennies in the pound.

[Mat]

Cookie, don't you work for a bank?

[malarky]

My question would be, if you know the company is likely to go bankrupt, why would you risk continuing to work for the company? Your unpaid wages will likely be at risk.

[Claire ex-ax]

Cap. 57, Sec. 43:

For the purposes of section 38 of the Bankruptcy Ordinance (Cap 6) and section 265 of the Companies Ordinance (Cap 32), any holiday pay, annual leave pay, end of year payment or any proportion thereof, maternity leave pay or sickness allowance to which an employee is entitled shall, whenever the employee became or becomes entitled thereto, be deemed to be wages in respect of services rendered during the relevant period prescribed in the said section 38 or the said section 265 or in section 79 of the Companies Ordinance (Cap 32), as the case may be.

But your major problem could be whether your employer will be able to pay anything.

[Claire ex-ax]

If it is bankrupt and you are owed money you will be a creditor along with everyone else. I don't think employees have a favorable treatment ahead of other creditors here in HK but I am happy to stand corrected.

See: Cap. 6, Sec. 38 (Bankruptcy Ordinance) Heading: Priority of debts

[cookie09]

Cap. 57, Sec. 43:


But your major problem could be whether your employer will be able to pay anything.

so according to the bankrupcy ordinance i read, she will get her salary (irregardless of whether she is working or on maternity leave) from 4 months before filing to the date of filing for bankrupcy. and she will get these wages as a priority over any other creditor.

in a sense she will get treated like any other employee.