[Direct answer]It is allowed under statutory circumstances. Article 42 of the Labor Contract Law of the People's Republic of China (amended in 2012) stipulates that during the pregnancy, childbirth, and lactation periods, employers may not terminate labor contracts in accordance with Articles 40 and 41 of the Law, that is, they may not terminate the contracts on the grounds of the employee's inability to perform the job, major changes in objective circumstances, or economic layoffs. However, this article does not restrict the termination of labor contracts based on Article 39: if the employee is proven to not meet the recruitment conditions during the probationary period, seriously violates the employer's rules and regulations, seriously neglects his/her duties and engages in embezzlement, causing significant damage to the employer, or is subject to criminal prosecution according to law, the employer may still terminate the contract in accordance with the law. Therefore, if a female employee in the three periods commits serious violations of discipline, the employer may terminate the labor contract in accordance with the law, provided that the rules and regulations are legal and effective, the facts of the violation are clear, and the procedures are standardized. However, the employer may not use this as a means to evade special protection and must bear compensation liability if the termination is illegal.

I. Problem Background and Typical Scenarios

In practice, employers often have many concerns when female employees violate disciplinary rules during their maternity leave, fearing that they might cross the red line of special protection; female employees also worry that the employer might use the pretext of disciplinary violations to terminate their employment. Typical cases include: long-term absenteeism, forging expense reports, leaking trade secrets, or colluding with clients to harm the company's interests; as well as employers making termination decisions on the grounds of minor misconduct. In labor dispute resolution in the Beijing area, the legality of the termination and procedural compliance are the focus of review.

II. Key points of contention

1. Can the female employees in the first and third phases terminate their labor contracts in accordance with Article 39? 2. Are the rules and regulations legal and effective, and have they undergone democratic procedures and been publicly announced and notified? 3. How are the facts of the disciplinary violations determined, and are the evidence sufficient? 4. Are the termination procedures standard, and has the trade union been notified? 5. What are the consequences of unlawful termination and the compensation standards?

III. Professional analysis by Henglue Lawyers

Here is the translation of the Chinese text into English: Here are four practical tips from Henglue Lawyers in labor disputes: 1. **Protecting rights has boundaries**: Article 42 of the Labor Contract Law restricts the circumstances of termination under Articles 40 and 41, i.e., termination due to incompetence, objective changes, or layoffs. However, it does not exclude termination based on serious violations of disciplinary rules under Article 39. Therefore, female employees in the third trimester who commit serious violations of discipline may still be legally terminated. 2. **Rules and regulations are the foundation**: The rules and regulations used for termination must be legally compliant, established through democratic procedures, and publicly disclosed or communicated to employees. They must also clearly define the specific criteria for "serious violations". Terminating based on vague provisions is prone to being deemed unfounded. 3. **Facts and evidence**: The employer must provide evidence to prove that the disciplinary violations exist and are serious, such as attendance records, surveillance footage, written apologies, witness statements, and loss materials. If the evidence is insufficient or flawed, the termination may be deemed illegal. 4. **Procedural compliance**: The termination process must include notifying the labor union, delivering the termination notice, explaining the reasons, and keeping records. For female employees in the third trimester, special attention should be paid to not arbitrarily terminating their social insurance and maternity insurance benefits. 5. **Compensation risks**: If the termination is deemed illegal, the employee may demand continued performance of the contract or claim compensation at twice the economic compensation standard. The employer may also face arbitration and litigation costs. Overall, female employees in the third trimester are not "untouchable", but terminations must be supported by sufficient evidence, procedures, and legal grounds. Henglue Lawyers assist both employers in reviewing the legality of terminations and female employees in determining the legality of terminations and asserting their rights in labor disputes.

IV. Practical suggestions and legal basis

Action recommendations: Firstly, employers should improve their rules and regulations, clarify the standards for serious violations of discipline, and fulfill the obligations of democratic procedures and public disclosure; Secondly, before terminating the employment, employers should fix the evidence of the employee's disciplinary violations and verify whether the violations reach a serious level; Thirdly, employers should standardize the termination procedures by notifying the trade union and delivering the termination notice, explaining the reasons; Fourthly, female employees should verify whether the rules and regulations are effective and whether the disciplinary violations are true, and keep the labor contracts and relevant evidence; Fifthly, if they believe the termination is illegal, they should promptly apply for labor arbitration and claim continued performance of the contract or compensation. For matters involving labor arbitration and work-related injury compensation, reference can be made to the relevant provisions.Labor arbitration and work-related injury compensationIt can be referred to for matters related to corporate operations and contractsBusiness and contract disputes in enterprisesLegal basis: Articles 39, 40, 41, 42, 43, 47, 48, and 87 of the Labor Contract Law of the People's Republic of China (amended in 2012). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the special protection for female employees in the first and third phases does not rule out the possibility of being dismissed for serious disciplinary violations. Secondly, the rules and regulations being legal and effective and clearly defining the standards for serious disciplinary violations are prerequisites for dismissal. Thirdly, the facts and evidence of the disciplinary violations must be sufficient, otherwise the dismissal may be easily deemed illegal. Fourthly, procedural compliance is equally important. Failure to notify the trade union or deliver the dismissal notice may affect the effectiveness of the dismissal. For issues involving corporate compliance and contracts, you can refer to the relevant provisions for further guidance.Business and contract disputes in enterprisesFor matters involving personal rights and interests, you can refer to the following for reference.Personal injury and medical disputesFor other difficult matters, you can refer to the following for referenceSpecial services and other cases.

VI. Frequently Asked Questions

Q1: Can female employees in their third trimester be dismissed?

It is allowed under statutory circumstances. The employer shall not terminate the labor contract of female workers in the third trimester on the grounds of their inability to perform their duties, major changes in objective circumstances, or layoffs. However, if the worker seriously violates the rules and regulations, commits serious dereliction of duty, or is held criminally liable according to law, the employer may still terminate the contract in accordance with Article 39 of the Labor Contract Law.

Q2: What constitutes a serious disciplinary violation?

These typically include long-term absenteeism, serious dereliction of duty and embezzlement, forging documents to fraudulently obtain reimbursements, leaking trade secrets, or serious violations of operating procedures. Whether the situation is serious enough should be determined based on legally valid rules and regulations and actual facts, and the employer has the burden of proof.

Q3: Does the verbal dismissal by the employer count as an official dismissal?

The dismissal should be based on clear grounds and follow proper procedures. Oral notifications that do not provide reasons, fail to deliver the dismissal notice, or fail to notify the trade union may affect the validity of the dismissal. Workers may request the employer to provide a written dismissal notice and explain the reasons, and if necessary, they may review the legality of the dismissal through arbitration.

Q4: How much compensation can I get if I'm unlawfully dismissed?

You may request to continue to perform the labor contract, or claim compensation at twice the standard of economic compensation. The economic compensation shall be calculated based on one month's salary for each year of service in the unit. If female employees in the third trimester are affected by the illegal termination of the contract, they may also claim corresponding wage losses, etc. The specific amount shall be determined by the arbitration award.

Q5: What should I do if my employer forces me to resign due to my disciplinary violations?

You can request the unit to present the facts of the disciplinary action and the basis of the system, and verify their legality and whether the evidence is sufficient. Keep attendance, communication, and notification materials. If the termination lacks legal basis, you can apply for labor arbitration to claim the restoration of the labor relationship or compensation. If necessary, consult a professional lawyer before responding.

The above Q&A is mainly based on the 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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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 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 you encounter disputes, please consult a practicing lawyer in time.