Chapter 148: Everyone, don't panic, let's go one by one
To be honest, Hua Guangxia has been a lawyer for far longer than Tang Fangjing, but this was the first time she encountered a lawyer who practically said in court to "leave pregnancy out of the equation."
At the same time, Old Zhou from above also spoke up, "Defendant, did your side issue the necessary hospital diagnostic proof for the leave requested?"
Hua Guangxia responded, "My client indeed didn't obtain a hospital diagnosis proof, but she was genuinely unwell at the time and couldn't continue working, and each of her leave requests was approved by the company's leadership."
"Therefore, under the circumstances of approval, my client naturally assumed that taking leave was permissible, so I believe the plaintiff's argument is invalid."
Old Zhou then turned to Old Tang, "Plaintiff, the defendant claims that each leave request was approved by the company, is that true?"
Old Tang nodded and said, "Yes, prior to the defendant's contract termination, we did approve her leave requests, that much is certain."
"As a company with a heart, we provide appropriate care for pregnant employees, even during the probationary period. However, we state that the other party fails to meet the requirements of the trial period, which needs to be viewed in light of the entire working period."
You ask for leave, the company approves it, the company has a heart, cares for you as a pregnant woman, that's fine, but if you only come to work a few days in a month and spend the rest of the time on leave, that's not okay, even if the company has granted the leave.
"And according to the 'Special Provisions on the Labor Protection of Female Employees' Article 6, female employees are entitled to ninety-eight days of maternity leave, including fifteen days before childbirth. Even by these standards, the defendant has already exceeded the limit."
"Similarly, according to Handong Province 'Implementation Measures for the Special Provisions on the Labor Protection of Female Employees' Article 10, female employees who are diagnosed by medical institutions as needing bed rest for pregnancy protection shall treat the rest period as sick leave."
"Therefore, looking at the overall situation, the defendant firstly has no hospital diagnosis proving the need for pregnancy protection rest, secondly, the leave duration is excessively long, surpassing the prenatal maternity leave limit, and finally, her actions do not comply with the stipulations for the probation period, so the company's termination of the contract is justified!"
Old Tang's logic was as simple as always, but his words were supported by legal regulations; the leave approval is a sign of the company's compassion, but you cannot use that as an excuse.
Upon hearing this, Hua Guangxia hadn't spoken yet when Fu Xiaoyu couldn't hold back anymore.
"So I'm supposed to just endure when I'm feeling unwell, is that it? Are you never going to get married? When your wife is pregnant and feeling unwell, does that mean she can't take time off either?"
Old Zhou furrowed his brows hearing this, and Old Tang had already replied, "As I already said, if one is pregnant and needs protection for the fetus, you can get a medical institution to issue a diagnosis proof to take leave, which will be treated as sick leave."
"Likewise, according to the said measures, the time needed by a female employee for prenatal examinations during working hours shall be considered as normal work, and wages will be paid for the normal working time!"
"But what about you? You didn't go for a hospital check, keep saying you're unwell, want to take leave, and even expect the company to pay you a full wage as though you're working normally. Tell me, is that reasonable?"
"How is it unreasonable? I am nauseous and want to vomit, and I don't want to work, what's wrong with that? I'm a girl, isn't it hard for me? I just want to have a baby, why..."
Towards the end, Fu Xiaoyu started crying again, her sobs loud in the courtroom, while Peng Yonghao hurriedly began to comfort her, much to the online viewers' acclaim.
Some people just can't stand to see a woman cry; the comments were blowing up in the live-stream, while others felt like she was just being unreasonable now that she was losing the argument.
Warnings about childbirth, about how it's tough...
However, Old Tang wasn't swayed by this at all and looked directly at Old Zhou, "Judgment Chief, I would now like to add a claim to the lawsuit against the defendant!"
"I believe the wages paid by the company during her leave have exceeded the stipulated amount, and according to the 'Opinions on Several Issues Concerning the Implementation of the Labor Law,' during an employee's illness or non-work-related injury, sick pay can be lower than the local minimum wage standard!"
"But it can't be lower than eighty percent of the minimum standard."
"Therefore, our request is that the defendant should return the extra amount of wages paid by the company..."
Normally, this wouldn't be an essential case; it was simply Old Tang's way to amuse himself, and the chairman of Phoenix Company had mentioned that money wasn't the issue and just to get rid of the person quickly.
So on the issue of money, Old Tang didn't really say much. In the original claims, he just stated that the company's wage compensation was unreasonable and too much, but as for how much exactly, it was left to the court's discretion to decide.
So now you want to play something different because you can't win the argument, is that it?
Alright then, let's not give a single cent of the compensation, and moreover, you'll have to return a portion of what was given before! Continue your saga on empire
As for cyberbullying, that's a separate matter.
Above, Old Zhou, who was about to stop the argument, was almost at a loss for words when he heard this!
Good one, Tang Fangjing, just last time you said no more counterclaims in court, and now you're hitting me with adding a claim to the lawsuit!
Do you really think I don't have enough on my plate with the late-night sessions?
He was about to stand up and vent when the Judge by his side hurriedly said, "Don't get worked up, Old Zhou, we're live on air!"
Old Zhou took a deep breath, feeling he would be driven to an early grave by Tang Fangjing; because of him, he'd lose ten years of his life!