It Is Not Illegal For Nike Employees To Be Told That They Will Not Renew Their Contracts, But Some Of Them Are Cruel.

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After the confinement of the month has not yet been completed, the personal belongings have been cleaned up without authorization. Nike said that the renewal is not based on the objective situation, but has nothing to do with pregnancy.

Miss Zhu, who has worked in Nike China headquarters for 6 years, unexpectedly received less than a month's notice from her company.

What saddened her was that she had been informed by the company that her office would be cleared and her personal belongings were sent back to her.

"The practice of Nike is too inhumane. I am still in confinement. Besides, I am still an employee. Why do I clean my desk and personal belongings without authorization?" Miss Zhu recently reported to the morning paper "I want to complain".

Yesterday, Nike responded that not renewing the contract was based on objective needs and had nothing to do with pregnancy, but Nike admitted that it was improper to handle Miss Zhu's personal belongings without authorization.

Mother to receive "no renewal" notice

Last August, Miss Zhu, 35 years old, learned that her second babies would be welcome.

Although as an elderly woman, Miss Zhu has no slack in her work, and she has never been absent from work during pregnancy without asking for leave.

In May 5th of this year, the company personnel suddenly gave an oral notice to Miss Zhu, who postponed the contract due with Nike to May 31st until the end of lactation, that is, May 31, 2016, and then no renewal.

For the company's decision, Miss Zhu was very surprised. "At that time, I asked the personnel department for their reasons. Their words were that I was not able to work, but I couldn't give a precise explanation."

In May 15th, Miss Zhu received a formal written notice from the personnel department, making sure that Nike did not renew her labor contract with her, and promised that the contract period would be postponed to the end of her lactation period.

"My annual staff assessment has achieved satisfactory or above performance. Why do I decide not to renew my contract when I am pregnant and will be in labor, and do not give me sufficient reasons? Is it against me to be pregnant?" Miss Zhu asked the Department Director many times, and the other party never gave a definite answer.

Miss Chu, who was at the end of pregnancy, was almost in a state of collapse, and her physical condition fluctuated, which was one week ahead of the expected date of delivery in May 22nd.

Admit that you are not good at personal belongings.

In June 5th, less than half a month after giving birth to Miss Zhu, she was sitting on the moon. She suddenly received a telephone call from the Department Administrative Assistant, inquired about her home address, and told her that the personal belongings on the desk had been packed and ready to be sent to her home.

"Why should the company handle my personal belongings without authorization? According to the relevant laws and regulations of labor law, my labor contract with Nike will be held in May 31st next year. Now I'm not going to sweep the door out of my house, too!" said Miss Zhu.

Yesterday, Nike public relations staff Huang told reporters about the matter.

On the basis of business needs, the company decided not to renew its labor contract at the expiration of the extension of Zhu's labor contract, and said, "this decision is based on objective circumstances and has nothing to do with pregnancy."

Miss Huang told reporters that the labor contract between Zhu and Nike expired on May 31, 2015, but in view of the special situation of Miss Zhu in the forty-second part of the labor contract law, the company automatically extended the expiration date of its labor contract to the end of the lactation period in accordance with the forty-fifth clause of the labor contract law of China.

Therefore, Miss Zhu is still a Nike employee and continues to enjoy prenatal pay and all related employee benefits.

And for the Department Assistant to pack Miss Zhu's items, Nike admitted that the practice was inappropriate.

"The administrative assistant did not discuss with Miss Zhu in advance, and there was communication misunderstanding.

We have formally apologized to Miss Zhu in the form of mail yesterday afternoon and clarified the actual situation of her labor relations with the company.

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[lawyer's statement]

As for Miss Zhu's experience, Wang Yue, lawyer of Shanghai Yingdong law firm, said that according to the labor law, women workers such as Miss Zhu during pregnancy and lactation should be postponed to the end of lactation, unless the employee has a serious violation of discipline.

"The practice of Nike is legal. The expiration of the contract is the right of the company, but the rights and interests of the female employees during pregnancy should also be protected, and the labor contract should be extended to the end of lactation."

The assistant manager of the Department did not deal with the employee's personal belongings placed in the office, although Wang believed that this practice was not illegal, but for Miss Zhu, who was still a member of the company, it was "cruel" to do so. The Department Assistant should communicate with Miss Zhu in advance and deal with it after consultation.