Maternity leave in HK - any right to same role on return?

Does the HK Sex Discrimination Ordinance give me the right to return to the same position after I return from Maternity Leave?


I have been working under a continuous contract for my employer for 10+ years as an Accountant. The position has always been part time (25 hours per week) as it is a small company and there isn't enough work for a full-time role.


I gave my employer notice of my pregnancy and intent to take maternity leave. I also told them of my intent to return to my position at the end of my leave. In the meantime, I have been looking for a temporary replacement to take my role during my leave.


Yesterday, my employer informed me that given my pregnancy, this is a great time to "re-evaluate my role". They found a replacement who is willing to work during my leave then take on my position if I decide not to return. Also, even if I do return, they want to change my position to full-time, so if I do decide to stay then I could job-share with their new-found replacement and still work part-time.


It seems that they are planning to replace me as soon as I return from maternity leave. There isn't enough work for one full-time person or two part-time, so I feel like they are pressuring me not to come back. All my reviews have been excellent, so they can't be replacing me for poor performance. The most reasonable explanation is they want to get rid of me because I am having a child.


I understand under the Employment Ordinance, the employer has the right to terminate me two days after I return from Maternity Leave. But I wondered if this would be a violation of the Sex Discrimination Ordinance for them to change my role and/or pressure me to leave due to my pregnancy?


Thanks for any suggestions.

It won't serve you well to only think that your employer has nefarious intentions. For months or years they could have been considering expanding the accounting role but kept delaying for X, Y, or Z reasons.


Also I don't see how legal solutions will serve you well. How happy of a workplace will it be if you use a lawyer to retain your job?


Congratulations on your new family member.

Nutmeg I think you are on a losing streak with this one. HK labour law is terrible in terms of its protection of people post maternity leave - protection during maternity leave - eys, but not after.


If you kick up a fuss about it, then they will just let you think you're coming back to your job as per normal and fire you 2 days into it. I think they are just trying to get you to train this person before you get the boot but I may be wrong. Seen it done a few times here, because sadly, many companies here want slaves and a mum with a young child just gets sick more often and isn't as focused (or so employers believe).....


I would be planning a contingency plan that does not involve staying with this firm.

"Also, even if I do return, they want to change my position to full-time, so if I do decide to stay then I could job-share with their new-found replacement and still work part-time. " so what is it, you are to be full-time or still part time?


Full time would mean more pay and a complete set of basic benefits (AL and medical benefits) while part time and under contract, you only get the bare minimums (pay only without AL and medical benefits). So how is it a way to pressure you into not coming back??


“ The most reasonable explanation is they want to get rid of me because I am having a child.”, Perhaps you are being a little too paranoid, There are a lot of ways to get rid of employees, especially for someone who is under contract term, they could just simply not renew your contract, wouldn’t it be more simple and not at all against the law to do it this way rather than offering you a full time work just to get rid of you?!!


I am with Lucane, it won’t help your situation when you are all hostile and is thinking of suing your employer already. And I don’t see how you can prove to the court that they want to get rid of you because you are having a child by offering you a full time job.

Well not really. I'm an Aussie expat here, I went for maternity leave last year and when got back, never got the postion which I use to work before. However, company had already told me about this brfore going to leave.

At the same time they offered me good maternity allowance which I spent on buying maternity clothing from http://www.fertilemind.com.au for my pregnancy.