Saturday, April 7, 2012

The female employee 33 years old miscarries and claims 100,000

The female employee 33 years old miscarries and claims 100,000 Should indict formaldehyde of family exceeds standard
Jiang Li is in Guangzhou IKEA furniture Co., Ltd. ' Playing should call Guangzhou home company) Five solid years of work, should serve as the manager of repairing department of the products of family's company. She 33 -year-old last year, after being pregnant, miscarried in surprise. Measured and found by the specialized company, formaldehyde exceeds standard in the office that she works. She think this to cause the intersection of foetus and abortive reason, so one pleadings, should the intersection of house and Company lodge a complaint Guangzhou, here inside including being damage, conciliate King by 50,000 yuan spirit, total and require to compensate for more than 100,000 yuan.

On September 22, 2011, both sides face a charge in court in the Milky Way district people's court of the market of Guangzhou. Beautiful on the ginger to miscarry with the causality of the working environment, launch argueing fiercely on both sides. The court announces finally, the case is scheduled to continue holding a hearing on October 27 temporarily.

Pregnant three for 33 years old miscarries in month

Will it be December 2005, through recruit, should enter Guangzhou the intersection of house and the intersection of company and department who repairs products Li Jiang, serve as a executive. Half a year later, she promotes to the line manager, becomes a middle administrative staff of company.

In 2006, Jiang Li got married. Will it be April 2010, already 33 -year-old she, through plan, become pregnant - --In fact, in 2008, she is once unscheduled pregnancy, but caught a cold at that timing takes medicine, she has carried on the operation of stream of people.

As a already 33 -year-old pregnant woman, Jiang Li says she is extremely attention this time. But not expected, on May 27 in the same year, it is pregnant while examining that she goes to the hospital to make, find progesterone is reduced, and with the intersection of bleeding and symptom, make a definite diagnosis of, miscarry for omen, begin, prevent miscarriage treatment subsequently in that night. But on July 1, the child miscarries unfortunately. On July 2, she was forced to carry on the operation of palace of Qing Dynasty.

Measure the office to find formaldehyde exceeds standard

Jiang Li says, in the hospital, when the doctor inquires whether she has contacted harmful substances such as formaldehyde,etc., she knows, it relates to formaldehyde,etc. to miscarry, and then associate it with one's own working environment.

Jiang Li shows photos and says, the department that repairs products that she works, mainly run with various sending back goods, goods and damaged goods defective in qualities. In the offices of 70 square meters, very disorderly, those ones that replace, goods that damage flow in and flow out every day. Work, over the past five years, though she feel feel oppressed, giddy brain rise and throat ache and respiratory tract dry, etc often in office, but should expect family's company to be the global company that advocates furniture in environment protecting mode, so has never suspected company's office environment air pollution question.

November 10, 2010, have a holiday, plan, return shortly before company go to work, Li Jiang trust Shenzhen to be high to guide Science Technologies Co., Ltd., gauge indoor air of her office, measuring the result lets her feel shocked - --The formaldehyde content exceeds standard.

The examining report that she submitted to the court shows, the measuring value of formaldehyde content is 0.11mg/m3 in the air of office of repairing department of products that she works, exceed the standard limit which is less than or equal to 0.10mg/m3 of " indoor air quality criteria ". The examining report points out, " exceed standard slightly (under 3 times) Formaldehyde,general for crowd (excluding pregnant woman, baby, old man) The harmfulness is not very great. It can cause pregnant syndrome, cause the neonatal chromosome to be unusual to exposed to formaldehyde of low dosage for a long time. In all contact person, children and pregnant woman are particularly sensitive to formaldehyde. "

It is so angry as to prosecute to terminate the contract

Jiang Li says, she ends a holiday and returns in the company and goes to work after measuring, find it is unable to enter the office that one's own entrance guard's card is prohibited, the intersection of computer and account number seal, trail, personal satchel search etc..

On November 24, 2010, Guangzhou should issue " notice on terminating the labour contract " to her formally in home Company, show the labour contract that she signed with company 2005 expires on December 4 in the same year, " the company determines not to renew the labour contract with you again " .

Jiang Li thinks, this series of behaviors, all relate to the fact that she sends for the specialized company and gauges air environment of the office. After inside communicates and has no resolution, in May of 2011, she is sued to the Milky Way district people's court, proposes the personal compensation for damage. Say she,it if you can't miscarry, cause by injuries enormous about she body and mind this time, suffer from doctors professional by depression diagnosing. Lead to the fact the abortive root of the trouble is that formaldehyde is polluted in the air of the office, require should the intersection of house and the intersection of Guangzhou and the intersection of home furnishing and Co., Ltd. compensate for medical fee their and spirit damage conciliate King,etc., add up to 105801.91 yuan. Hope that can apologize to this in the family at the same time.

Bringing a suit before court at the same time, Jiang Li still puts forward arbitration to labour dispute arbitration commission of the Milky Way district and works. (it is personal secrets of protecting parties, party's ginger is beautiful to adopt the assumed name)

Interview and write: Reporter JinSong probational reporter Guo Tao Lin in the south

Court's trial focus

1

Is it or forced voluntarily that abortion is?

Should propose, Jiang Li has been already 33 years old, the life styles are unhealthy on ordinary days in the family, these may cause the harmful effects to bearing. Her miscarrying is the induced abortion that is chosen voluntarily.

Li Jiang say to this she July 1 the child death have, make the intersection of palace of Qing Dynasty and surgery. Until should the intersection of house and respect claim she 3 miscarry and have bad habits and customs statement once, it is one kind that frames, she is discussing with the lawyer, considers being handled as a separate case and litigating.

2

Is the examining report authoritative?

Should query to high qualification and authoritativeness of guiding Science Technologies Co., Ltd. in Shenzhen in the intersection of house and Company, think that measuring the result can not be regarded as the court's trial basis.

Li Jiang say to this Shenzhen high to it guides Science Technologies Co., Ltd. to be to issue qualification and with the approval of quality surveillance office in the province, with third party's just status the intersection of test and technological organization, should include by customer its the intersection of house and trade Limited company representative office in Shenzhen.

3

Is formaldehyde ubiquitous?

Should the intersection of house and company propose formaldehyde impact on reproduction science prove still, and because formaldehyde store in extensively in natural social content, workplace the plaintiff keep in touch the only route of formaldehyde. Li Jiang in should house job during,it give a birth normally pregnantly for to last persons of female employees many to company, " prove defendant's formaldehyde content and plaintiff in the place have no cause and effect and is concerned with to miscarry " .

Jiang Li says, the department that repairs products has a woman of hers only. There are about 70 square meters the office space that she belongs to, there is not window that is ventilated, the only two doors are closed for a long time too. Until should the intersection of house and Company stipulate, the area of official working that she locate should be no less than 200 square meters, and there is a hard and fast rule in ventilation of the environment,etc. for working.


The female employee 33 years old miscarries and claims 100,000 Should indict formaldehyde of family exceeds standard

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