[Direct answer]No. When economic layoffs conflict with the protection of "three periods", the protection of "three periods" takes precedence. According to Article 41 of the Labor Contract Law of the People's Republic of China (amended in 2012), the employer may lay off employees when meeting the statutory circumstances, but Article 42 clearly stipulates that the employer shall not terminate the labor contract of female employees in pregnancy, childbirth, and lactation in accordance with the provisions of Articles 40 and 41. That is to say, even if the enterprise is in the statutory situation of layoffs according to law, it cannot lay off female employees in the "three periods"; if the labor contract expires, it shall be extended in accordance with Article 45 until the corresponding circumstances disappear. The action is to check whether the layoff list includes female employees in the "three periods" and keep relevant evidence.

I. Problem Background and Typical Scenarios

When a company's profitability declines, it often cuts staff under the guise of "optimization" and "economic layoffs". However, female employees who are pregnant, on maternity leave, or breastfeeding are the most likely to be included in the layoff list, yet they are the least deserving of such treatment. Is it possible to lay off employees at will? Can female employees in these three periods be "incidentally" optimized? There are clear legal boundaries on these issues.

II. Key points of contention

First, the statutory conditions and procedures for economic layoffs. Second, the hierarchy of effectiveness between the protection of the third trimester and the right to lay off employees. Third, the handling of layoffs of female employees in the third trimester under the guise of "consultative termination". Fourth, whether female employees in the third trimester can be dismissed if they commit serious disciplinary violations. Fifth, the remedies and compensation standards for employees who are illegally laid off.

III. Professional analysis by Henglue Lawyers

Economic layoffs are not the enterprise's discretionary right. According to Article 41 of the Labor Contract Law, only under statutory circumstances such as restructuring according to the Enterprise Bankruptcy Law, serious difficulties in production and operation, enterprise conversion or major technological innovation or adjustment of business methods, or other major changes in objective economic conditions that make it impossible to perform the labor contract, and when the number of layoffs exceeds 20 or less than 20 but accounts for more than 10% of the total number of employees, can layoffs be carried out through legal procedures. In terms of procedures, the employer needs to explain the situation and listen to opinions to the trade union or all employees 30 days in advance, and report to the labor administrative department. More importantly, Article 42 prohibits the dismissal of female employees during their protection periods. When handling such cases, Henglue Lawyers usually first review whether the layoffs comply with statutory circumstances and procedures, then check whether the dismissed employees fall into the protection period. If the employer pressures female employees to sign resignation agreements through "negotiated dismissal", it should be reviewed whether there is fraud, coercion, or taking advantage of others' difficulties. If necessary, it should be claimed that the dismissal should be revoked. If the female employees during their protection periods do have serious violations of discipline and other exceptions listed in Article 42, the employer can still dismiss them according to Article 39, but must bear the burden of proof. If the dismissal is illegal, the female employees can request to continue to perform the labor contract or claim compensation at twice the standard of economic compensation; in arbitration and litigation, the dismissal notice, layoff plan, negotiation records, and salary records are key evidence. When Beijing courts handle such disputes, they review the completeness of the employer's procedures and the adequacy of evidence more strictly. Procedural flaws often directly affect the determination of the legality of the dismissal.

IV. Practical suggestions and legal basis

Action List: 1. Check whether the layoffs comply with legal requirements and whether the explanation and reporting procedures have been followed. 2. Confirm whether the employee is in the pregnancy, maternity, or lactation period and retain relevant proof. 3. Review the severance agreements signed under pressure to determine whether there are circumstances that can be revoked. 4. If there are serious disciplinary allegations, require the employer to provide evidence. 5. If the employee is illegally laid off, apply for labor arbitration to claim continued employment or double compensation. Main legal basis: Articles 39, 40, 41, 42, 45, 47, and 87 of the Labor Contract Law of the People's Republic of China (amended in 2012); Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Three statements on layoffs in the third trimester of pregnancy: Even if the layoff is legally justified, it is not allowed to lay off female employees in the third trimester of pregnancy; if you are forced to sign a resignation agreement, review it first before making a decision; and in arbitration, you can claim either the continuation of the employment contract or double compensation. 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 corporate employment practices.Intellectual property and corporate lawFor plates, those involving the validity of contracts can be referred to for reference.Business and contract disputes in enterprisesFor any questions regarding the execution of compensation, please feel free to consult us.Creditor's rights and debts, and enforcementFor those interested in marriage and family arrangements, please feel free to contact our team for more informationDivorce and family disputesFor any questions or difficulties, please contact us via the column's contact information.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If the company is having financial difficulties and needs to lay off employees, can it lay off employees who are on maternity leave for the third time?

No. The statutory circumstances of economic layoffs cannot violate the three-stage protection. Female employees in pregnancy, childbirth, and lactation periods cannot be dismissed according to the layoff provisions, and the contracts that have expired should be extended.

Q2: What evidence is needed to prove that an employee was illegally laid off?

It is necessary to provide three months' proof materials, notices of dismissal or layoffs, lists and consultation records, pay slips, as well as clues showing that the company failed to fulfill its obligation to follow the reporting procedures.

Q3: How much compensation can I claim if I'm illegally laid off?

The employee may request the employer to continue to perform the labor contract; if the employer does not request the employee to continue to perform the contract or the contract cannot be performed any longer, the employee may claim compensation at twice the standard of economic compensation.

Q4: How long does it take to handle such disputes?

Labor arbitration generally issues a ruling within 45 days after accepting the case, and the time limit may be extended with approval for complex cases. If the party is not satisfied with the ruling and files a lawsuit, the case will proceed through the first-instance and second-instance procedures.

Q5: The company is forcing me to sign a voluntary resignation agreement. What should I do?

Don't sign the contract hastily. First, check whether there is any fraud, coercion, or taking advantage of others' vulnerability. Keep the communication records and apply for labor arbitration in time to claim the continuation of the contract or compensation.

The above questions and answers are mainly based on judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar issues, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 you encounter disputes, please consult a practicing lawyer in time.