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Hong Kong > Forums  > Hong Kong Forums  > Living in Hong Kong  > Business and Finance
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How to fire someone who is pregnant?

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Old 23-08-2007, 03:25 PM
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How to fire someone who is pregnant?

Hi

I have and employee who joined our company in April and she is pregnant with her due date inMarch. I want to let her go because of her attitude and laziness( even before I knew she was pregnant ) I didnt let her go earlier my mistake as we needed someone desperately in the office. So now I dont think she will leave on her own will what can I do? She takes off atleast 1 -2 everyweek somehow related to her drs appointment . WOrk is suffering. .Any advise wil be appreciated

Thanks
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Old 23-08-2007, 03:41 PM
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Originally Posted by neha View Post
....She takes off atleast 1 -2 everyweek somehow related to her drs appointment.......
I'm guessing it's because she's pregnant.

It suited you to keep her when you were desperate and now you want to eat your cake- sorry, no sympathy.
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Old 23-08-2007, 03:58 PM
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Did you put her on notice before her pregnancy?

If not .. you're going to have a tough time justifying the firing now.
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Old 23-08-2007, 04:02 PM
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Just verbally asked her not to fight with others and do her work propelry but we are small trading company so nothing officil written notice. I dont mind giving her 10 week paid pregnancy leave but she wanst to go o Shenzhen to see her gynae that is why she takes 1-2 days off. She has been giving us shenzhen drs certificates so far. So dont know if she plans to deliver in HK or Shenzhen.
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Old 23-08-2007, 04:26 PM
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Out of luck I'm afraid.

Have a read of this. I was faced with a similar situation and there was nothing we could do until she came back from maternity leave and continued to be difficult even though the problems started before she was pregnant.

http://www.geoexpat.com/forum/do-you...ss-t20958.html

From my experience in HK (2 employees - this bad one and her best friend in the office) taking a half day off for a pregnancy check is standard but this is not something that would be normal where I come from.
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Old 23-08-2007, 05:05 PM
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Toning down my tone from earlier......It is of course not acceptable to take 1-2 days off for one appointment, I thought you meant she way taking 1-2 days off per month in total (like 2-4 half days).
You are well within your right to ask her where she will deliver (I would be surprised if she is choosing SZ) and not allow her so long for appointments- I'm sure a work tribunal would support you in that.
Written warnings cross-signed by employees are the way to go.
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Old 23-08-2007, 05:12 PM
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I would assume also that she will deliver in HK that is why I am concerend why she goes to Shenzhen for her doctors appointment. Will ask my secretary to find out what is the current situation .

Another question all the days that she has taken off are these part of the 10 weeks paid leave ? I have no idea as the labour dept just says 10 week fo paid leave
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Old 23-08-2007, 05:53 PM
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There is a maternity protection to the staff by law. Check it out :

http://www.labour.gov.hk/eng/public/...e/chapter6.htm
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Old 24-08-2007, 11:18 AM
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thanks it does clear alot of my questions
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Old 24-08-2007, 04:30 PM
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can you get her to get the job done other than office hours, if it's purely paper work that she's dealing with, is it possible that she can do it at home providing it's safe to do so without leaking out any confidential information of the company.
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