[Direct answer]Generally, there is no such requirement, but there are exceptions. If a worker voluntarily proposes to terminate the labor contract, they usually do not have the right to economic compensation. However, if the employer fails to provide labor protection or working conditions in accordance with the labor contract, fails to pay the worker's wages on time and in full, or fails to pay social insurance premiums for the worker in accordance with the law, and the worker terminates the labor contract on these grounds, this constitutes a forced termination. According to Articles 38 and 46 of the Labor Contract Law of the People's Republic of China (amended in 2012), the employer shall pay economic compensation. The key point is to determine whether the reason for leaving the job constitutes a forced termination and, based on this, determine whether the worker can claim economic compensation.

1. Problem background and typical scenarios

For female employees in the third phase, they often consider resigning voluntarily due to physical discomfort, family arrangements, or job adjustments. However, there is a significant difference in legal consequences between "resigning voluntarily" and "being forced to resign": the former generally does not entitle them to financial compensation, while the latter allows them to claim compensation. Distinguishing between the two is directly related to whether they can receive compensation.

II. Key points of dispute

First, how to distinguish between voluntary resignation and forced termination. Second, the burden of proof and types of evidence for forced termination. Third, the calculation basis and duration of economic compensation. Fourth, whether female employees in the third trimester of pregnancy can continue to claim maternity allowances and other benefits after voluntary resignation. Fifth, whether it is possible to claim economic compensation after signing a severance agreement.

III. Professional analysis by Henglue Lawyers

In the labor disputes handled by Henglue Lawyers, the determination of labor relations and the classification of forced terminations often become decisive factors in the outcome. First, in one case, the client participated in the company's start-up as the chief technical officer, signed a cooperation agreement, held virtual equity, and never signed a labor contract or received a salary. Later, the client unilaterally terminated the contract and demanded over 2 million yuan in wages and economic compensation. The lawyers argued based on the principles of personal dependency and economic subordination: the cooperation agreement explicitly stipulated virtual equity and dividends rather than fixed wages, the client independently determined working hours, maintained social insurance with their previous company and explicitly refused to transfer it. The court thus ruled that there was no labor relationship between the parties, and the related compensation claims lost their basis. The second-instance court upheld the original judgment. Second, an employee sent a notice of forced resignation due to the company's failure to pay wages on time. The lawyers argued that the employee's working years should be calculated continuously, and the company should pay unpaid annual leave wages. The second-instance court upheld the original judgment, and the company paid corresponding economic compensation and unpaid annual leave wages. Third, after an employee joined the company, the company failed to sign a written labor contract or pay social insurance. The lawyers argued that a de facto labor relationship existed between the parties, and the arbitration ultimately supported the double wage difference for the unpaid labor contract, economic compensation for the terminated labor relationship, and unpaid wages. The common lesson from these cases is that whether an employee can obtain economic compensation depends on whether a labor relationship exists and whether the resignation was forced. For female employees in their third trimester of pregnancy, voluntary resignation generally does not entitle them to economic compensation, but if they can prove that they were forced to resign due to the employer's failure to pay wages or social insurance, they can legally claim compensation. It should be noted that caution is needed before signing a resignation agreement or settlement document. Once it is confirmed that "there are no further disputes between the parties," it will often be difficult to claim economic compensation. This case was handled by Beijing Henglue Law Firm.Xue SuhuaThe attorney (practice certificate number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: 1. Determine whether the reason for leaving the job constitutes an illegal act by the employer, and based on this, assess whether the employee can claim economic compensation. 2. Preserve evidence of unpaid wages, unpaid social insurance, job transfer, and salary reductions, as well as written reminders. 3. If the employee resigns under duress, provide a written explanation of the reasons for the termination and retain proof of delivery. 4. Before signing a resignation agreement, review whether there are clauses waiving rights. 5. To claim maternity allowances and maternity leave benefits, verify the eligibility requirements with the social insurance agency. Legal Basis: Articles 38, 46, and 47 of the Labor Contract Law of the People's Republic of China (amended in 2012); Special Regulations on Labor Protection for Female Workers (State Council Decree No. 619, effective since April 28, 2012); Specific applications shall be governed by currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Three phrases for female workers who resign in the third phase: If they resign voluntarily, they generally won't receive compensation, but if they are forced to resign, they will receive compensation; the key is to prove that the employer violated the law; don't sign the resignation documents carelessly. For cases involving labor arbitration and work-related injury compensation, you can seek help through legal channels.Labor arbitration and work-related injury compensationObtain a comprehensive solution for the service, which can be combined with personal injury compensation in the event of work-related accidents.Personal injury and medical disputesFor reference, you can check the section related to the execution of compensationCreditor's rights and debts, and enforcementThe column provides consultation on corporate compliance and employment regulations.Intellectual property and corporate lawFor any team-related issues or difficult situations, please feel free to contact us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If a female employee in her third trimester voluntarily resigns, can she still claim economic compensation?

Generally, it's not allowed. However, if the resignation is due to illegal circumstances such as the employer failing to pay salaries on time or failing to pay social insurance in accordance with the law, it is considered a forced termination, and the employee can legally claim economic compensation.

Q2: What evidence is needed to prove that the termination was forced?

It is necessary to provide records of unpaid wages, inquiries about social insurance payments, notifications of job transfer and salary reduction, written reminders and termination notifications, as well as delivery receipts, in order to prove the reasons for the employee's departure and the employer's illegal actions.

Q3: How is the economic compensation calculated, and how much can I get?

According to the length of time that the worker has worked in the unit, one month's salary shall be paid for each completed year of service, and where the service period exceeds six months but is less than one year, it shall be calculated as one year; where the service period is less than six months, half a month's salary shall be paid. The base amount shall be the average monthly salary of the worker in the twelve months prior to the termination of the employment contract.

Q4: How long do such disputes typically last?

Labor arbitration generally makes a ruling within 45 days after accepting the case, and the time limit may be extended upon approval for complex cases. If the parties are not satisfied with the ruling, the case shall proceed through the first and second instance of civil litigation.

Q5: If I have already signed a resignation agreement, can I still change my mind and claim compensation?

It's quite difficult, but if there is fraud, coercion, or taking advantage of someone's vulnerability in the agreement, you can request its revocation according to the law. You should be cautious before signing and avoid making statements such as "there will be no further disputes between the two parties", which may waive your rights.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation 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 relevant evidence to avoid missing the statutory time limit.Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.