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Paint salesperson of building materials supermarket asked for leave after pregnancy and repeatedly refused to give birth to a sick baby

paint salesperson of building materials supermarket asked for leave after pregnancy and repeatedly refused to give birth to a sick baby

December 4, 2012

[China paint information] Zhang Fang, a 29 year old woman in Huaiyin District of Huai'an City (pseudonym), is a promoter of a paint factory in Shenzhen in Hangzhou Baianju (Shangtang store) building materials supermarket. After giving birth to Xiaoqiang (a pseudonym) who suffered from congenital heart disease because the work unit was not allowed to leave during pregnancy, Zhang Fang and his wife believed that the baby's illness was mainly caused by the working environment of the building materials supermarket. After failing to coordinate with the manufacturer, they filed a lawsuit in the court. According to the person in charge of Huaiyin Legal Aid Center, this is also the first case of environmental pollution causing the right to health of a newborn baby in our province


the paint salesperson was worried about environmental pollution affecting the fetus and asked for leave, but it was only approved one month before delivery

he met Xiaoqiang at Zhang Fang's house yesterday morning. It was noted that Xiao Qiang, who was born on July 26th, 2009, was no different from children of his age, but his mother Zhang Fang told him that if Xiao Qiang did too much exercise now, he would have purple lips and other symptoms. According to the doctor's advice on Xiaoqiang's discharge record, the doctor advised him to continue treatment and said there might be sequelae. Zhang Fang said that her son was diagnosed with ventricular septal defect congenital heart disease, cerebral hemorrhage, anemia and other symptoms at birth, which was related to her working environment during pregnancy

according to Zhang Fang, in 2008, she hired a paint factory in Shenzhen to do paint promotion work in Hangzhou B & Q building materials supermarket. Her usual work scope is mainly paint purchase, sales, handling and other work. In her working environment, there are dozens of home decoration materials such as plates and universal glue, which contain a large amount of volatile formaldehyde, benzene and other substances harmful to the body. At the beginning of 2009, when she found out that she was pregnant, she asked the Shenzhen manufacturer for leave, but it was not approved. While continuing to work in the supermarket, she continued to ask the manufacturer for leave on the grounds that the pollution of the working environment would affect her fetal development. With her continuous efforts, her leave was finally approved one month before the birth of the child


the newborn baby has congenital heart disease and other diseases, but the new mother asked for job transfer but was dismissed by the unit

in order to save money, Zhang Fang returned to her hometown in Huaiyin District to have a baby, and gave birth to her son Xiaoqiang on July 26 of that year. But just when the couple were immersed in the joy of being new parents, the doctor told them that the newborn Jack Bauer had congenital heart disease and other diseases. "Our first reaction at that time was that during my pregnancy, the fetus in my abdomen was affected by the smell of paint in the building materials supermarket store, which led to this result." Zhang Fang told me that at this time, the manufacturer came to urge him to go to work, so she explained the situation of the child to the Shenzhen manufacturer, and proposed that he should change his post even if he went to work during the lactation period

but instead of agreeing to her request, the manufacturer mailed her a document to terminate the labor relationship, and asked the couple not to pursue any of the manufacturers on the premise of being willing to compensate her for one month's salary


the test report shows that building materials supermarket formaldehyde, benzene, etc. exceeded the standard and finally recovered 60000 yuan of compensation for the newborn in three places.

Zhang Fang told that after receiving the documents of terminating labor relations, she thought she should take up legal weapons to seek justice for herself and her newborn son. Therefore, she first proposed labor arbitration to Hangzhou Gongshu District Labor Arbitration Committee for the restoration of labor relations. After being rejected, she and her husband, as the legal representatives of her son Xiaoqiang, successively filed a lawsuit to Hangzhou Gongshu District Court and Hangzhou intermediate people's court, asking the manufacturer to give certain guidance to carry out peak shift production compensation on the grounds that the working environment provided by a paint factory in Shenzhen caused personal damage to her newborn son

Li Lei, a lawyer from Jiangsu Faxuan law firm, told Zhang Fang that all the prosecutions in Hangzhou were private prosecutions. After she appealed to the Hangzhou intermediate people's court, a paint factory in Shenzhen requested that the case be transferred to the Shenzhen local court for trial on the grounds of case jurisdiction

because the court believed that the place of infringement should be the place where the infringement occurred, that is, Huaiyin District, where Xiaoqiang was born, and at the same time, a paint factory in Shenzhen, which was the defendant, was not located in Hangzhou, the case was transferred to the Shenzhen Bao'an District Court, but because Zhang Fang did not pay the case acceptance fee to the Shenzhen Bao'an District Court within the legal time limit, it was regarded as automatic withdrawal of the case. It was not until the beginning of this year that Zhang Fang filed a lawsuit with the Huaiyin District Court with the help of the Huaiyin District Legal Aid Center. Finally, under the mediation of Huaiyin District Court, the defendant, a paint factory in Shenzhen, paid a one-time compensation of 60000 yuan to Xiaoqiang

according to Li Lei, the case ultimately allowed a paint factory in Shenzhen to pay 60000 yuan for the late treatment of Xiaoqiang, mainly because they got a test report from the Hangzhou Center for Disease Control and prevention, which showed that the contents of formaldehyde, benzene, toluene and xylene in Zhang Fang's working environment exceeded the standard, and some even exceeded the standard by three times

behind the scenes

foetus our company Jinan new era assaying Instrument Co., Ltd. has an experimental machine for each material here. We all have whether the mother's working environment was damaged. After taking over, the lawyers of the law firm argued for more than a month

Li Lei told that although medical research has proved that formaldehyde in paint is easy to cause human hematopoietic system diseases, it can also cause gene mutations, such as premature delivery of pregnant women, exposure to formaldehyde and other harmful gases, The incidence of congenital heart disease in pregnant women tripled, but this does not mean that Xiaoqiang suffered from congenital heart disease because of his mother's working environment during pregnancy. When they took over the case, they were holding a case study meeting. 1. All lens surfaces must be kept clean. They argued about whether the fetus in the case was "polluted and damaged" by its mother's working environment for more than a month

according to Li Lei, from many laws and regulations, such as the law on the protection of women's rights and interests, the law on the protection of mothers and infants, the Institute tried to find some evidence that the fetus was injured because of the pollution of its mother's working environment in its mother's body, but it was fruitless. Because the law of our country stipulates that the civil power of citizens begins at birth, and Zhang Fang's son Xiaoqiang has not been in the working environment provided to his mother by a paint factory in Shenzhen after birth, the subject of damage to the right to health should be Zhang Fang himself, but when the fetus is in the mother's body, it is regarded as a part of the mother in terms of legal fiction, so the damage suffered during embryonic development should be regarded as damage to the mother. Once the price of fetus 1 rises slightly, it may return to work, be born and survive, and enjoy the capacity of civil power, it can independently exercise the claim for personal injury compensation. Li Lei told that in fact, the final analysis of the case was that his mother's body was polluted by the working environment when she was pregnant, resulting in damage to the fetus in her body

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