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HK Rights - Unfair work conditions

  1. #17
    coolgirl is offline Registered User
    Join Date
    Dec 2008

    Hi, my employer called me and my team and said he plans to reduce our salary as he feels he is paying above market value. Out of 4 of us- as per the clauses he stated only me and my other female colleague would be affected. When I said that I would not agree to a decrease in salary, he is threatining to fire me. I have been working for 1.5 years and served my pregnancy notice as well. It was very obvious he does not want to pay my maternity pay. I work in a sales job and has suddenly increased the targets to an unreasonable number. He is not able to cite anything on my performace so he is picking on me for things like- 10 mins late or joking with a colleague during office hours.
    How would you deal with a boss who is stressing you so that you resign?

  2. #18
    lesliefu is offline Registered User
    Join Date
    Dec 2008
    South District

    Q: What is pregnancy discrimination?

    A: The following acts are considered pregnancy discrimination: -- an employer refuses to hire a pregnant woman;
    -- an employer dismisses or transfers a pregnant woman into a lower paying position;
    -- an employer dismisses a woman on her return from maternity leave.

    this is what I found on the equal opportunities commission website....might have more information that is useful for you...

    Sex Discrimination Ordinance and I

  3. #19
    boo boo is offline Registered User
    Join Date
    May 2010

    hang in there


    If one is able to produce results and show for it, that is perhaps the best defensive strategy. If your employer is close-minded and assumes that being pregnant means non-performance, then you would need to "show for" otherwise even if you decide to sue, you would not have an evidential hearing at the courts.

    hang in there ! :bighug

  4. #20
    lisa88 is offline Registered User
    Join Date
    May 2009

    Hi coolgirl

    Sorry to hear about your work situation. Sounds like your employer is picking on women in the sales team and that is outright sex discrimination, not just pregnancy discrimination. Making life unpleasant for you at work is called "constructive dismissal" and is legally recognized as similar to unfair dismissal, however you must have strong proof.

    In practical terms, you should keep a good diary of all the incidents that you are describing, of your boss picking on you: dates times, who said what. If your company has a practice of job reviews once or twice a year, that should be a good time to raise the problems that you are encountering. Outside of the job reviews, try to find the right time and place to speak to your boss about his behaviour. If this is not possible, you should keep documenting all the incidents to build up a strong case of unfair dismissal and discrimination. Obviously you do not want to fight the company now, but keep this for later, if you find yourself having to defend your position.

    It is illegal for the company to fire you whilst you are pregnant. They must compensate you all the way up to the time you return from maternity leave. Not only that, it is a criminal offence for your company and directors to fire you, except for gross negligence. If you have been recognized as a good employee prior to your pregnancy, that is a plus point for you.

    Also call up the EOC hotline and try to talk to an employment lawyer for suggestions on how to cope with your problems.

    Good luck.

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