[Direct answer]It is prohibited to reduce the salary or dismiss female employees due to childbirth. According to Article 42 of the Labor Contract Law of the People's Republic of China (amended in 2012), during the pregnancy, childbirth, and lactation periods, employers may not terminate labor contracts in accordance with Articles 40 and 41 of the law; the "Special Regulations on Labor Protection for Female Employees" (State Council Decree No. 619, effective from April 28, 2012) stipulate that employers may not reduce the wages of female employees, dismiss them, or terminate their labor or employment contracts due to pregnancy, childbirth, or lactation. After returning to work after maternity leave, if the original position no longer exists, employers shall consult with female employees to adjust their positions or arrange equivalent work, and may not unilaterally reduce their salaries. If no agreement can be reached and the employer unilaterally terminates the contract, it constitutes an illegal termination, and the female employee may demand continued performance of the contract or claim compensation at twice the standard of economic compensation. The action aim is to require in writing the return to work and retain evidence of any changes in the position.

1. Problem background and typical scenarios

After returning to the company after maternity leave, many female employees find that their positions have been "optimized away" or that they have been transferred to unfamiliar positions with reduced salaries. Employers often cite "position eliminations" and "structural optimization" as reasons, but in reality, they are evading the protection of the three-stage protection period. The law also clearly safeguards the rights of employees during the return-to-work phase.

II. Key points of dispute

First, the employer's obligation to arrange and negotiate when the original position disappears. Second, whether the transfer of positions constitutes a disguised dismissal involving a reduction in salary or demotion. Third, the legality of unilateral termination if no agreement is reached. Fourth, the impact of wage and benefits after returning to work on seniority and promotion. Fifth, the protection of breastfeeding time and breastfeeding leave.

III. Professional analysis by Henglue Lawyers

The return to work after maternity leave is not an ordinary job adjustment. Female employees in the third trimester are subject to special protection. According to Article 42 of the Labor Contract Law and the "Special Regulations on Labor Protection for Female Employees", employers are not allowed to reduce their wages, dismiss them, or terminate their contracts on the grounds of pregnancy, childbirth, or breastfeeding. In practice, if the original position has been abolished, employers cannot simply say "there's no position" and dismiss the employee. Instead, they should consult with the female employee, arrange equivalent work or adjust her position; the adjustment of the position should be reasonable and should not reduce her salary and benefits. When handling such cases, Henglue Lawyers usually first review the return to work notice, the position adjustment documents, and the salary changes to determine whether the job adjustment is justified; then check whether the termination follows the legal procedures and whether it falls within the protection period. If the employer handles female employees who refuse to report to the new position on the grounds of "absenteeism", they should also review the reasonableness of the new position arrangement and not shift the consequences of the flawed job adjustment to the employee. In addition, female employees in the breastfeeding period are entitled to breastfeeding time according to law, and employers are not allowed to deduct their wages for this reason; the length of service after returning to work should be continuously calculated, and it should not be affected by childbirth. If the termination is illegal, female employees can request to continue the labor contract or claim compensation at twice the standard of economic compensation, and also claim unpaid wages and related benefits. When Beijing courts handle such disputes, they review the reasonableness of the job adjustment and the completeness of the procedures in great detail, and the sufficiency of the employer's evidence often directly affects the outcome of the determination. 返岗不是普通的岗位调整。三期女职工受特别保护，根据《劳动合同法》第四十二条和《女职工劳动保护特别规定》，用人单位不得因女职工怀孕、生育、哺乳降低其工资、予以辞退、与其解除合同。实务中，原岗位确已撤销的，用人单位不能简单以 “没岗位” 了事，而应与女职工协商，安排与之相当的工作或调整岗位；调整岗位应当具有充分合理性，且不得借此降低工资待遇。恒略律师在办理此类案件时，通常先审查返岗通知、岗位调整文件与工资变化，判断调岗是否具有正当理由；再看解除是否履行法定程序、是否落入保护期。若用人单位以 “旷工” 为由处理拒绝到新岗位报到的女职工，还应审查新岗位安排的合理性，不能将有瑕疵的调岗后果转由劳动者承担。此外，哺乳期女职工依法享有哺乳时间，用人单位不得以此扣减工资；返岗后的工龄连续计算，也不应因生育受到影响。被违法解除的，女职工可要求继续履行劳动合同，或者按经济补偿标准的二倍主张赔偿金，同时可主张欠发的工资与相关待遇。北京法院审理此类争议时，对调岗合理性与程序完备性的审查较为细致，用人单位的举证是否充分往往直接影响认定结果。

IV. Practical suggestions and legal basis

Action List: 1. Submit a written request to return to work before the end of maternity leave and retain the proof of delivery; 2. Review the reasonableness of the job adjustment, with a focus on whether there has been a reduction in salary or demotion; 3. If no agreement is reached, require the employer to provide written reasons to avoid oral dismissal; 4. If unlawfully dismissed, apply for labor arbitration to claim continued performance of the contract, double compensation, and unpaid wages; 5. Claim statutory benefits such as breastfeeding time and continuous calculation of work experience. Main legal basis: Articles 35, 42, 48, and 87 of the Labor Contract Law of the People's Republic of China (amended in 2012); Articles 5 and 9 of the Special Regulations on Labor Protection for Female Employees (State Council Decree No. 619, effective since April 28, 2012); Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Three sentences about returning to work after maternity leave: Employers are not allowed to reduce salaries or dismiss employees due to childbirth. If the original position is no longer available, they must negotiate a transfer to another position. Do not resign voluntarily if the transfer is unreasonable. If you are unlawfully dismissed, you can request double compensation through arbitration. For issues involving labor arbitration and work-related injury compensation, you can seek assistance throughLabor arbitration and work-related injury compensationThe service provides a comprehensive solution, which can be combined with personal injury compensation in the event of work-related accidents.Personal injury and medical disputesFor plates involving the validity of contracts, you can refer to the relevant provisions.Business and contract disputes in enterprisesFor any questions regarding the compliance of corporate employment practices, please feel free to consult us.Intellectual property and corporate lawFor the team involved in the execution of compensation payments, please refer to the relevant informationCreditor's rights and debts, and enforcementFor any questions or difficulties, please contact us via the column.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If the position is no longer available after returning from maternity leave, can the company dismiss the employee directly?

No. Female employees in their third trimester are protected and cannot be dismissed due to pregnancy; if the original position no longer exists, the employer should negotiate a transfer to another position or arrange equivalent work for them. Direct dismissal would be considered an illegal termination of employment.

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

You need to provide materials related to maternity leave, a notice of returning to work and communication records, documents on job adjustments, pay slips, and materials proving that the company failed to negotiate with you or made unreasonable job adjustments or disguised pay cuts.

Q3: How much money can I get if I'm unlawfully dismissed?

The employee may request to continue performing the labor contract; if the employer does not require the employee to continue performing the contract or the employee is unable to continue performing the contract, the employee may claim compensation at twice the standard of economic compensation and claim the unpaid wages.

Q4: How long does it usually take for arbitration and litigation to be completed?

Labor arbitration generally renders a decision within 45 days after accepting the case, and the time limit may be extended upon approval for complex cases. If the party is not satisfied with the decision and files a lawsuit, the case will proceed through the first and second instance of civil litigation.

Q5: The company asked me to report to my new position. Can I refuse to go?

First, review the reasonableness of the job transfer. If it is obviously unreasonable or a disguised form of salary and position reduction, you can raise objections in writing and keep the evidence. If you resign due to improper handling, you may lose the opportunity to claim double compensation.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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 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. In case of disputes, please consult a practicing lawyer in time.