[Direct answer]It is not permissible to dismiss an employee solely on the grounds of pregnancy. According to Article 42(4) of the Labor Contract Law of the People's Republic of China (effective January 1, 2008 and amended on December 28, 2012), during the pregnancy, childbirth, and breastfeeding periods, employers may not terminate labor contracts in accordance with Articles 40 and 41 of the law. Article 5 of the Special Regulations on Labor Protection for Female Employees (State Council Decree No. 619, effective April 28, 2012) explicitly prohibits dismissal due to pregnancy. Probationary employees are also protected. If the employer terminates the contract on the grounds of "unsatisfactory performance," it must still prove that the employee does not meet the hiring conditions and provide a justification. In the event of an unlawful termination, female employees may, pursuant to Article 48, demand the continued performance of the labor contract or claim compensation equivalent to twice the amount of economic compensation.

1. Problem background and typical scenarios

Common situations include: employees being dismissed for " failing the assessment", "position being eliminated", or "staffing reduction" after they announce their pregnancy or undergo prenatal checkups; being denied contract renewal when the contract expires during pregnancy; and being coerced to resign through measures such as job transfer and salary reduction, or stricter assessments. There are clear legal grounds for employment protection for female workers during the three pregnancy stages, and the probationary period does not constitute an exception—termination during the probationary period can only be based on statutory circumstances. When encountering such disputes, the legal remedies can be referred to for reference.Labor arbitration and legal services for work-related injury compensation.

II. Key points of dispute

The controversy focuses on four points. Firstly, protecting the boundaries: The third-stage restrictions target Article 40's faultless dismissal and Article 41's economic layoffs, while Article 39's fault-based dismissal can still be applied, but the burden of proof on the employer is heavier. Secondly, the true reasons for the dismissal: Details such as the time interval between the dismissal and the notification of pregnancy, changes in the evaluation standards before and after the dismissal, and contradictory reasons often reveal the essence of "dismissal due to pregnancy". Thirdly, the choice of remedies: Continuing the contract and double compensation can only be chosen one of them, which needs to be weighed against the survival of the position, the contract term, and the wage level. Fourthly, the calculation of wage and benefit losses. In the judicial practice of Beijing, the court tends to be stricter in reviewing dismissals during pregnancy, and the timing of dismissal and the defects in evidence often become the key to determining the illegality of the dismissal.

III. Professional analysis by Henglue Lawyers

The case of the 12 workers represented by Attorney Feng Na fully demonstrates the path of "demanding continued performance" after illegal termination: In August 2025, A Company issued "Notices of Termination of Employment Relationship" to 12 employees, including Zhang Li, Hu Fei, and Liu Gang, on the grounds that the recruitment procedures were found to be irregular during inspections. During their employment, these employees all provided labor, accepted management, and received salaries as usual. Some of them even renewed their labor contracts with the company, indicating a stable foundation of the employment relationship. The 12 employees entrusted Attorney Feng Na to jointly safeguard their rights and demanded the revocation of the termination, the restoration of the employment relationship, and the improvement of employment registration. The attorney argued that: Written labor contracts become effective upon signing and stamping by both parties, and social security registration is not a prerequisite for the contract's effectiveness; renewal of contracts without internal approval does not affect their validity; rectification of inspection findings and irregular recruitment procedures do not constitute statutory grounds for unilateral termination; and according to Article 48 of the Labor Contract Law, if the worker demands continued performance and the contract can still be performed, the employer should continue to fulfill its obligations. The arbitration ruling determined the termination as illegal, revoked the termination, and ordered continued performance. The first-instance judgment upheld this finding, and the second-instance court dismissed the company's appeal, resulting in three consecutive victories for the 12 workers. This case provides important lessons for female workers in their third trimester: When the employment relationship is stable and the position can be restored, demanding continued performance often compensates for income losses during pregnancy, childbirth, and lactation better than compensation payments. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Legal basis: Article 42 (restrictions on the dismissal of female employees during pregnancy, childbirth, and lactation), Article 48 (continued performance of the contract), and Article 87 (double compensation) of the Labor Contract Law of the People's Republic of China (implemented on January 1, 2008 and amended on December 28, 2012); Article 5 (prohibition of dismissal due to pregnancy) of the Special Regulations on Labor Protection for Female Employees (State Council Decree No. 619, implemented on April 28, 2012); and Article 27 (one-year arbitration statute of limitations) of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (implemented on May 1, 2008). Action list: First, inform the employer of the pregnancy in a timely manner and keep the diagnosis certificate and prenatal checkup records; Second, if dismissed, request a written notice and document the reasons and timing of the termination; Third, assess the possibility of continued performance (position, contract term, and business conditions) and the amount of compensation, and choose one claim; Fourth, collect pay slips, evaluation records, chat records, and audio recordings; Fifth, apply for arbitration within the one-year statute of limitations. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Advice

It is not possible to receive both compensation and continue to perform the contract. When making a choice, you need to clarify the two issues: if you continue to perform the contract, you can claim wage losses from the date of termination to the date of resuming work and the retroactive payment of social insurance, which takes a long time but offers comprehensive protection; if you accept compensation, it will be settled once and for all, which is suitable for situations where the position no longer exists or you are unwilling to resume work. The employer often counterattacks with "absenteeism" and "serious disciplinary violations", so you need to verify the authenticity of the evidence and the procedural compliance one by one. The window period for protecting rights during pregnancy is long, but evidence such as surveillance footage and chat records may be lost. It is recommended to seek legal assistance as soon as possible.Beijing Henglue Law FirmProfessional lawyers fix the evidence and formulate a plan.

VI. Frequently Asked Questions

Q1: If a woman is dismissed during the probation period after being found pregnant, can she win the arbitration case?

There is still much room for negotiation, but the key lies in the reasons and evidence for termination. Employers are not allowed to dismiss female employees due to pregnancy, nor are they allowed to terminate labor contracts during pregnancy in accordance with the provisions of non-fault termination and economic layoffs; if the unit terminates the contract on the grounds of "poor performance during the probationary period", it still needs to prove that the hiring conditions are clear, the assessment is objective and based on evidence, and to explain the reasons to the employee. If the termination time is close to the time of pregnancy notification, the assessment standards are inconsistent before and after, and the reasons are vague, the possibility of illegal termination is high, and female employees can claim to continue to perform the contract or claim double compensation. The conclusion of the case shall be based on the evidence and the judgment of the arbitrator.

Q2: If you are dismissed during pregnancy, what evidence should you prepare?

Five types of evidence: 1. Evidence of pregnancy, such as diagnosis certificates, prenatal checkup records, chat logs or emails informing the employer; 2. Evidence of termination, such as written termination notices, recorded conversations, and personnel communication records; 3. Evidence of contracts and employment, such as labor contracts, payroll records, social insurance records, and attendance records; 4. Evidence of performance evaluations and work achievements, such as hiring criteria, job descriptions, probationary evaluation forms, and work results; 5. Evidence of remedies, such as whether the position still exists, the employer's operating status, wage standards, and the remaining contract term. The more complete the evidence is, the easier it will be to choose the most optimal remedy path.

Q3: How much does it cost to resolve a dispute over dismissal during pregnancy?

Labor arbitration is free of charge; for litigation in court, a handling fee of 10 yuan per case must be paid, which shall be borne by the losing party or shared proportionally; attorney's fees are determined through negotiation between the client and the law firm, with no unified government pricing. The amount that can be claimed is usually relatively high: for the path of continued performance, the wage losses from the date of termination to the date of resumption of work and the retroactive payment of social insurance can be claimed; for the path of compensation, it shall be calculated at twice the standard of economic compensation. Before arbitration, it is recommended to calculate the expected income based on the wage standard, the remaining term of the contract, and the position situation, and then decide on the investment in rights protection and the method of representation.

Q4: How long does it usually take to handle cases of dismissal during pregnancy?

The arbitration tribunal shall make a ruling within 45 days from the date of acceptance, and the time limit may be extended by 15 days upon approval for complex cases; if a party refuses to accept the ruling and files a lawsuit, the first-instance ordinary procedure shall be concluded within six months, and the summary procedure within three months. If the case involves continued performance of the dispute, review of the unit's operating conditions, or multiple rounds of evidence collection, the period may be close to one year; if the claim for maternity leave wage losses needs to be calculated in stages, the calculation time will also be increased. The statute of limitations for arbitration is one year. It is recommended to apply as soon as possible and prevent the unit from raising the defense of statute of limitations by means of "absenteeism", "automatic resignation" and other methods.

Q5: If you are dismissed during pregnancy, what should you do first?

Four steps to proceed: First, require the unit to issue a written notice of termination and keep it on record. For oral terminations, pay attention to recording the conversation and obtaining written confirmation; Second, secure evidence of the pregnancy and the time of notification to form a complete timeline; Third, evaluate two remedial paths - if the labor relationship is stable and the position can be restored, claim continued performance and back pay; if the employee is unwilling to return to work or unable to perform the duties, claim double compensation. Only one of the two options can be chosen; Fourth, file an arbitration claim within the one-year statute of limitations and simultaneously prepare evidence such as pay slips and performance evaluation records. For cases involving three-year employment benefits, it is recommended to consult a professional lawyer as soon as possible to develop a legal strategy.

The above questions and answers are mainly based on judicial practice in Beijing. There may be differences in the interpretation of rulings 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 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·Attorney Feng Na·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.