‘It’s hard being a woman’: breastfeeding Chinese woman fired for declining new job 30km from home after maternity leave gets US$12,500 payout
- Shanghai court orders firm to compensate new mother after she refused to take position which meant four-hour, round-trip commute on public transport
- Conduct of company is heavily criticised by online observers amid ongoing concern about unfair conditions for women who work
The case of a breastfeeding Chinese woman who was fired for refusing to accept a job reallocation 30km from her home following maternity leave has sparked fury online.
The woman, surnamed Qiu, in her forties, had been working on projects located near her home since she joined a property management company in September 2011.
However, after a period of maternity leave in September 2020, the situation changed.
On her return to work she was told that her original position had been cancelled and she would have to resume her previous duties on another project 30km from her home.
This would mean a four-hour, round-trip commute by public transport so Qiu, who was still breastfeeding, refused to accept the new arrangement.
She had hoped for an amicable termination with compensation.
However, the company insisted she accept the new position and eventually terminated her contract, citing “four consecutive absences” as the grounds for doing so.
Qiu filed a lawsuit after a labour arbitration, believing that the company’s unilateral termination was a violation of labour laws.
In court, the company argued that Qiu’s original position had been cancelled for legitimate reasons, and they were only able to reassign her to another project while fulfilling their obligation to provide transportation allowances.
“The company notified Qiu multiple times, but she neither reported for duty nor requested leave. Her absenteeism violated the company’s regulations, leading to a legal termination of her employment contract,” the company insisted.
However, the court supported Qiu, ruling that the unilateral job reallocation and termination of the contract due to unjustified absenteeism while the employee was breastfeeding constituted an illegal termination.
As a result, the company was ordered to pay Qiu compensation of 88,244 yuan (US$12,500).
Despite the verdict, online observers continue to voice concern and discontent about the treatment of women in the workplace.
One said: “She appears to have won the fight, however, is it still easy to find another job in her forties?”
“If the fundamental right of guaranteed employment for pregnant women is not addressed and corporate culture is not rectified, having a child essentially means unemployment,” said another.
A third said: “On one hand, the workplace demands that women should not have children as it affects their work, but on the other hand, we constantly hear complaints about low birth rates.
“The labour value of full-time housewives has never been properly recognised. I really don’t know what they expect from women.”
“It’s hard being a woman,” another person added.
Stories about the mistreatment of women at work are not unusual in China.
Three months ago, following maternity leave, a woman discovered that her original position had been filled by someone else.
After declining all three alternative positions offered, the company decided not to renew her contract. After a protracted legal battle she received 100,000 yuan (US$15,000) in compensation.
Some social media observers said costs must have come into the company’s calculations.
“In this case, it seems to be a short-term victory for this employee, but the increased potential hiring costs for females actually restrict women’s long-term career opportunities, making the current situation even worse,” said one person.
