[Direct answer]It cannot be terminated directly. According to Article 45 of the Labor Contract Law of the People's Republic of China (amended in 2012), if the labor contract expires and there is one of the circumstances specified in Article 42 of the Law, the labor contract shall be extended until the corresponding circumstances disappear; while Article 42 clearly stipulates that during the pregnancy, childbirth, and lactation periods, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41. That is to say, even if the contract expires for female employees who are in the "three periods", the contract should be extended until the circumstances such as the end of the lactation period disappear, and the employer is not allowed to terminate the contract on the grounds of "the contract expiring". The action is to notify the employer in writing to request an extension, and keep relevant certificates related to the pregnancy, childbirth, and lactation periods.

I. Problem Background and Typical Scenarios

Many female employees are worried that the contract is signed for three years, but it expires during pregnancy. Can the company "naturally" not renew the contract? Some companies also use the excuse of "the contract naturally expiring" to evade the protection of the three-period period. When the contract expires and the three-period protection overlaps, the law gives a clear answer — the contract should be extended, not terminated.

II. Key points of contention

1. The applicable relationship between the first, second, and third stages of protection and the renewal of the contract after its expiration. 2. The salary and job arrangements during the renewal period. 3. Whether the employer's termination of the contract on the grounds of non-renewal constitutes an illegal termination. 4. The handling of female employees in the third stage who violate serious disciplinary rules or fall under other exceptional circumstances listed in Article 42. 5. The start and end of the renewal situation and the identification of the breastfeeding period.

III. Professional analysis by Henglue Lawyers

In the labor dispute cases handled by Henglue Law Firm, the issues of the legality of termination and the protection period repeatedly arise. Firstly, a company terminated the labor relationships of more than ten employees by unilaterally issuing termination notices on the grounds of irregular recruitment procedures discovered during inspections. The lawyer pointed out that the labor relationship is established from the date of employment, and the written contract becomes effective upon signing and stamping by both parties. The filing with the human resources and social security department is merely an administrative matter, not a prerequisite for the contract's effectiveness. By comparing each item with the statutory grounds for termination, the company's dismissal essentially constituted an illegal termination to evade legal obligations. The case went through arbitration, first-instance, and second-instance trials, all of which ruled that the termination was illegal, revoked the termination, and ordered the continuation of the labor contract. Secondly, an employee was forced to terminate the contract due to the company's failure to pay labor compensation in full and on time, and claimed economic compensation. The lawyer argued that the employee's work years should be calculated continuously and that the company should pay unpaid annual leave wages. The second-instance court upheld the original judgment, and the company paid the corresponding economic compensation and unpaid annual leave wages. Thirdly, a company claimed that there was no labor relationship between it and its shareholders. The lawyer argued based on the principles of personal dependency and economic subordination, and the court ultimately determined that the parties were not in a labor relationship. The common lessons from these cases are: the legality of termination and termination depends on whether there are statutory grounds, whether the statutory procedures are followed, and whether they fall within the protection period. For female employees in their three-year protection period, "contract expiration" does not constitute a legitimate reason for termination. Employers should extend the contract until the corresponding circumstances disappear. If the employer unilaterally terminates the contract during this period, it constitutes an illegal termination, and the female employee may demand the continuation of the labor contract or request compensation at twice the standard of economic compensation. This case was handled by Beijing Henglue Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action List: 1. Notify the employer in writing that you are in the third trimester of pregnancy and request to extend the contract, and retain the proof of delivery; 2. Keep relevant certificates for pregnancy, childbirth, and breastfeeding, as well as attendance and salary records; 3. If the employer terminates the contract on the grounds of expiration, assert that the termination is unlawful and demand continued performance of the contract or double compensation; 4. Avoid losing protection due to your own misconduct, except in cases of serious disciplinary violations; 5. Promptly apply for labor arbitration when disputes arise, and file a lawsuit if you disagree with the arbitration decision. Main legal basis: Articles 42, 45, 47, and 48 of the Labor Contract Law of the People's Republic of China (amended in 2012); Article 87 of the Labor Contract Law; Articles of the Special Regulations on Labor Protection for Female Employees (State Council Decree No. 619, effective since April 28, 2012); Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

There are three key points regarding the expiration of the third contract: if the contract is not terminated upon expiration, it will be extended until the circumstances that led to its expiration cease to exist; terminating the contract on the grounds of its expiration is an illegal dismissal; it is necessary to extend the contract, keep the relevant documents, and initiate arbitration as soon as possible. For matters involving labor arbitration and work-related injury compensation, you can seek assistance through the following channels:Labor arbitration and work-related injury compensationWe provide a comprehensive solution for services, which can be integrated with the compliance of enterprise employmentIntellectual property and corporate lawFor plates, those involving the validity of contracts can be referred to for referenceBusiness and contract disputes in enterprisesFor inquiries about the enforcement of compensation payments, please refer to the relevant columnCreditor's rights and debts, and enforcementFor any questions or difficult situations, please contact the team.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If the contract expires during the pregnancy period, can the company decide not to renew it?

No. During the third trimester, if the contract expires, it should be extended until the corresponding circumstances disappear, and if the employer refuses to renew the contract on the grounds of expiration, it is an illegal termination, and the female employee can assert her rights.

Q2: What evidence do I need to prepare for protecting my rights?

It is necessary to provide proof of pregnancy, childbirth, and breastfeeding, as well as the labor contract and termination notice, attendance records and salary statements, and a written communication record of requesting an extension from the employer.

Q3: How much can I get if my employment is terminated illegally?

The employee may request the employer to continue to perform the labor contract; if the employee does not request the employer to continue to perform the contract or the contract can no longer be performed, the employee may claim compensation at twice the standard of economic compensation, and the specific amount shall be calculated based on the employee's length of service and salary.

Q4: How long does it take for arbitration and litigation?

Labor arbitration shall generally make a ruling within 45 days after acceptance, and the time limit may be extended with approval if the case is complicated. If the party is not satisfied with the ruling and files a lawsuit, the case shall be handled in accordance with the trial periods of the first and second instance.

Q5: The company said that if the contract is not renewed, it will be automatically terminated. What should I do?

First, submit a written request for extension and keep the relevant proof. Refuse to sign any unfavorable resignation documents. If the employer still terminates the contract, apply for labor arbitration in a timely manner to claim continued performance of the contract or double compensation.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit.Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.