Returned from maternity leave, refused to transfer and was resigned. The court ruled that Baoma was not unjust. The
  court said that the "third period" female employees are protected, but they must not be too capricious

  The reporter learned from the Shanghai Higher People's Court that recently, the Shanghai Hongkou Court heard a case involving a "three-phase" female employee in a labor dispute involving dismissal. The court determined that the employer did not illegally terminate the labor relationship and did not support the laborer's request for the company to pay 140,000 yuan in compensation for the illegal termination of the labor contract.

  On March 21, 2016, Anna (pseudonym) joined a cruise shipping company as a key account sales manager. She works in Beijing and has a monthly salary of 25,000 yuan before tax. After three months of employment, Anna became pregnant. She started taking vacation due to pregnancy on January 22, 2017, and then gave birth to a daughter in the United States.

  On October 9, 2017, after Anna returned to work, the company arranged for her to serve as the sales manager for small and medium-sized customers. The docking customer was changed from a large travel agency to a small and medium travel agency. Working hours, locations, and wages did not change. In response, Anna refused.

  On October 12, 2017, the cruise shipping company notified Anna again by email: “Because you have been away from work for too long, in order to ensure that the company’s business is not affected, the company has to arrange personnel to replace your original job as a sales manager for a major travel agency. Now the company’s only vacant position in Beijing is the position of sales manager of a small and medium travel agency. After the company’s management has discussed, the company has agreed to stop external recruitment and offer this position to you, with the same salary."

  On October 16th of the same year, the cruise shipping company sent an email to Anna asking if she would accept the work arrangement of the sales manager of the small and medium travel agency. Anna replied that the company's job transfer was unreasonable, and she requested to perform the contract as the original job.

  On the same day, the cruise shipping company sent a "Notice of Termination of Labor Relations" to Anna by mail, stating that the company decided to terminate the labor contract and labor relationship with Anna from October 17, 2017 in accordance with the provisions of the Labor Contract Law.

  Anna applied for labor arbitration, demanding that the company revoke the decision to terminate the labor relationship and pay 200,000 yuan of salary from October 2017 to February 2018. The arbitration award supported Anna's request for the company to cancel the labor relationship and partly supported her wage requirements.

  In this regard, the company refused to accept it and took Anna to court. It did not agree to revoke the "Notice of Termination of Labor Relations" issued on October 17, 2017, nor did it agree to pay Anna's salary of 140,000 yuan from October 2017 to April 2018. .

  After the trial, the court held that, as an independent business entity, the cruise ship service company has the right to operate and employ workers in accordance with the law. The company has the right to arrange reasonable jobs according to its business needs and the employees’ own conditions.

  First of all, it took more than 8 months for Anna to return to work from the pregnancy leave to the end of the maternity leave. The original position needs to be replaced. Anna returned to work after the maternity leave. The original position no longer exists. The cruise shipping company's re-arrangement of the job position and content is in line with common sense. .

  Secondly, after Anna returned to work, the company arranged for her to work as a sales manager for small and medium-sized customers. The work content still belongs to the scope of sales. It is just that the customer group is different, which did not result in a substantial change in the work content, and will not cause Anna to be incompetent for the job, and after the change The salary of the post has not been reduced, so the cruise company’s job arrangement for Anna is reasonable.

  Finally, according to the statements of the two parties and the contents of multiple e-mail exchanges, the cruise ship service company verbally and e-mailed Anna several times to work as a sales manager for small and medium customers after returning to work, but Anna refused. At this time, the cruise shipping company also proposed that if Anna disagrees with the company's work arrangements, considering that she is breastfeeding, the two parties can negotiate to terminate the contract and give Anna a certain amount of financial compensation. Anna refused after consideration. Under this circumstance, the cruise ship service company once again stated to Anna that it could only terminate the labor contract with Anna if it did not obey the company's management arrangements, but Anna still insisted that the company provide the original job position.

  Therefore, Anna's aforementioned behavior has a serious impact on the company's employment autonomy, and she also expressed her intention to refuse to perform the labor contract between the two parties.

  In summary, the company reasonably arranged Anna’s position and has fulfilled its obligations in good faith and proper integrity. Anna insisted on performing the duties in the original position, and the two parties were unable to perform the labor relationship. The company had no choice but to terminate the labor relationship after repeated notifications and reminders. At fault. In the end, the court decided to support the company's claim. In this regard, Anna refused to accept and filed an appeal. The court of second instance rejected the appeal and upheld the original judgment.

Qian Peijian