[Direct answer]In the Beijing area, if an employer unilaterally terminates a female employee's employment contract during her pregnancy, childbirth, or breastfeeding period (referred to as the "Three Periods"), unless the termination is due to statutory fault as specified in Article 39 of the Labor Contract Law of the People's Republic of China, it generally constitutes an illegal termination of the employment contract. According to Article 42 of the Labor Contract Law of the People's Republic of China (implemented on January 1, 2008 and amended in 2012), during a female employee's pregnancy, childbirth, or breastfeeding period, the employer may not terminate the employment contract in accordance with Articles 40 and 41 of the Law; if the termination violates the provisions of the Law, the employee may, in accordance with Articles 48 and 87, demand that the contract be continued or claim compensation at twice the standard of economic compensation (i.e., "2N"). The base amount shall be based on the average monthly salary during the 12 months preceding the termination. For each completed year of service, one month's salary shall be paid; for a period of more than six months but less than one year, one month's salary shall be paid; and for a period of less than six months, half a month's salary shall be paid. The legal remedies include: collecting evidence such as pregnancy certificates, labor contracts, and termination notices; applying for labor arbitration; and, if dissatisfied with the arbitration decision, filing a lawsuit. For more details, please refer to the official document.Labor arbitration and legal services for work-related injury compensation.

I. Problem Background and Typical Scenarios

During pregnancy, childbirth, and the breastfeeding period, female employees are the key protected groups under labor law. However, in practice, they are still being dismissed under various pretexts: being forced to change jobs and reduce salaries under the guise of "major changes in objective circumstances"; being terminated under the name of "economic layoffs"; unilaterally terminating the contract on the grounds of poor performance or absenteeism; and ignoring the extension of the three-period protection when the contract expires. Typical scenarios also include: the company withdrawing office privileges, stopping salary payments after pregnancy, or requiring "voluntary resignation" in exchange for compensation. Most of these practices violate legal red lines. When handling similar cases in the Beijing area, it is recommended that employers comply with the following provisions:Labor arbitration and legal services for work-related injury compensationUnder the assistance of professional lawyers, we clarified the nature of the termination, and the relevant rules can be further referred to on the column page.

II. Key points of dispute

The controversy focuses on four points. First, the nature of the termination: female employees in the third trimester who are dismissed solely due to pregnancy or childbirth are almost universally deemed to have been illegally terminated; if the company cites operational difficulties or structural adjustments as reasons, it must still meet the statutory termination conditions and procedures. Second, the choice of compensation method: workers can choose one of two options - either requesting continued performance of the contract (restoration of the labor relationship and back pay) or claiming compensation for illegal termination (2N); once one option is chosen, the other cannot generally be claimed. Third, the wage base and years of service: the average wage includes monetary income such as bonuses and allowances, and the years of service are calculated based on the actual working period. High-income individuals are subject to a cap of three times the average wage. Fourth, evidence confrontation: the company often defends itself with the argument of "serious disciplinary violations," for which the company must bear the burden of proof. In practice, the wording of the termination notice and the time of delivery are often the key to victory or defeat.

III. Professional analysis by Hengluo Law Firm

The dismissal during pregnancy essentially constitutes an illegal termination, and the evidentiary and defense logic of such cases is highly consistent with the following case handled by our firm. Taking a labor dispute case handled by Attorney Feng Na of Beijing Hengluo Law Firm as an example, we can see the key points of evidence collection and defense in disputes over illegal termination. The worker Li * * * joined Beijing A Technology Co., Ltd. on November 17, 2022, and the two parties signed a labor contract with a term ending on November 16, 2025, stipulating a base salary of 35,000 yuan per month and a performance-based salary of 5,000 yuan per quarter. The offer letter stated an annual salary of 550,000 yuan, including a year-end performance bonus of 110,000 yuan. On March 19, 2025, A Company terminated the employment relationship on the grounds of "economic layoffs" and paid an economic compensation of 9,008 yuan; Li * * * argued that the layoffs were not reported to the labor administrative department and did not comply with legal procedures, constituting an illegal termination. The case was heard by the Chaoyang District Labor and Personnel Dispute Arbitration Committee in Beijing, which ruled that a labor relationship existed between the two parties and ordered A Company to pay unpaid annual leave wages of 18,602 yuan and the difference in compensation for illegal termination of 91,821 yuan. The company, however, claimed that the layoffs were legal and that the labor contract did not stipulate an annual performance bonus. After taking on the case, Attorney Feng Na focused on the legal pre-procedures for economic layoffs and the binding force of the offer letter on both parties, pointing out that the layoff reporting procedures stipulated in Article 41 of the Labor Contract Law of the People's Republic of China are mandatory. Failure to complete these procedures constitutes an illegal economic layoff. The salary provisions in the offer letter are legally binding on both parties. This case was handled by Beijing Hengluo Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 39 (legal grounds for termination of employment), Article 42 (prohibited grounds for termination during pregnancy, childbirth, and lactation), Article 47 (calculation of economic compensation), and Articles 48 and 87 (consequences of unlawful termination and 2N compensation) of the Labor Contract Law of the People's Republic of China (implemented on January 1, 2008 and amended in 2012); the provisions on protecting the rights of female employees during pregnancy, childbirth, and lactation in the Law of the People's Republic of China on the Protection of Women's Rights and Interests (amended and implemented on January 1, 2023); and the provisions on special protection for female employees in the Labor Law of the People's Republic of China (implemented on January 1, 1995). Action list: First, immediately fix evidence upon receiving the termination notice (original notice, pregnancy registration certificate, prenatal checkup records, payroll records, attendance records, and communication records); Second, determine whether the termination reason falls under legal grounds for termination or prohibited circumstances; Third, prioritize applying for labor arbitration to claim continued performance of the contract or 2N compensation; Fourth, note that the arbitration statute of limitations is one year, starting from the date when the employee becomes aware of the infringement of their rights; Fifth, if necessary, apply for property preservation to prevent the company from transferring assets. 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

For female employees in the third trimester, it is most important to avoid "passively accepting termination". After receiving a notice of dismissal, do not sign documents containing phrases such as "voluntary resignation" or "termination by mutual consent", as such statements will directly affect compensation claims. At the same time, distinguish between "unlawful termination" and "contract termination due to expiration": for female employees in the third trimester, the contract should be extended until the corresponding circumstances disappear, and the company is not allowed to terminate it directly. It is recommended to seek legal advice as soon as possible.Beijing Hengluo Law FirmUnder the guidance of professional lawyers, fix the evidence, evaluate whether to claim for resumption of performance or 2N compensation, and avoid missing the statutory time limit.

VI. Frequently Asked Questions

Q1: If you are dismissed during pregnancy, are you guaranteed to receive 2N compensation?

It's not automatically granted, and the employer must first prove that the termination of the employment contract was lawful. If the company terminates the contract based on the statutory grounds of fault (such as serious disciplinary violations or serious dereliction of duty) in accordance with Article 39 of the Labor Contract Law, and there is sufficient evidence to support this, the termination will not be considered unlawful, and the employer will not be required to pay 2N; however, if the termination is based on pregnancy, childbirth itself, or evading responsibilities on the grounds of business operations, it will likely be deemed unlawful, and the employee may claim 2N or demand continued performance of the contract. The outcome of the case depends on the evidence and the court's determination. No lawyer can unilaterally guarantee the amount of compensation. The key factors are the reasons for the termination and the evidence provided to support them.

Q2: What evidence should be prepared to claim compensation for unlawful termination of employment?

There are five main types of evidence: 1. Evidence of the employment relationship, including labor contracts, social insurance records, pay slips, and work badges; 2. Evidence of pregnancy and the third trimester, including prenatal care handbooks, prenatal checkup reports, birth certificates, or diagnostic certificates; 3. Evidence of termination, including termination notices, dismissal emails, chat records, and audio recordings; 4. Evidence of wage standards, such as detailed income records from the past 12 months for calculating the compensation base; 5. Evidence of the employer's reasons for termination, which can be used to refute their defenses. The evidence should be organized chronologically to form a complete chain of "pregnancy – notification of termination – illegality".

Q3: How much does it typically cost to compensate for unlawful termination and pay attorney's fees?

The compensation itself is borne by the employer, and the amount is calculated based on the base salary and the length of service, with no fixed standard amount. Arbitration does not charge case acceptance fees; attorneys' fees are determined through negotiation between the law firm and the client, with no government-set pricing. They are typically charged on a per-case basis or as a percentage of the litigation amount. Compared with the potential recovery of several months' wages and compensation from an unlawful termination, the initial investment in legal fees is usually manageable. Before entrusting a lawyer, it is recommended to clarify the fee charging method, service phases, and refund rules, and to calculate the cost of safeguarding rights together with the expected compensation.

Q4: How long does it usually take to get a resolution for protecting one's rights after being dismissed during pregnancy?

Labor arbitration cases are generally concluded within 45 days from the date of acceptance, and the time limit may be extended by 15 days if the case is complex. For those who file a lawsuit against the arbitration award, the first-instance ordinary procedure shall be completed within six months and the summary procedure within three months, and the second-instance procedure shall generally be completed within three months. For those who claim to continue to perform the contract and win the lawsuit, it also involves the payment of back wages and enforcement. Overall, the process from arbitration to the second-instance may span over a year. It is recommended to initiate the process as soon as possible and collect evidence simultaneously to avoid difficulties in obtaining evidence due to delays.

Q5: What should I do first after being dismissed?

Four steps to proceed: First, do not sign any "voluntary resignation" or "consensus" documents, and keep the original notice of termination issued by the company; Second, organize pregnancy certificates, contracts, salary records, and communication records to form an evidence book; Third, within one year of the arbitration statute of limitations, apply for arbitration to the arbitration committee at the employer's location or the place of contract performance, and clearly assert the right to continue performing the contract or claim 2N compensation; Fourth, if the evidence is sufficient but the company adopts a hardline attitude, hire a professional lawyer to participate in negotiations or litigation, and apply for preservation of evidence when necessary.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 limits. →Labor arbitration legal services·Attorney Feng Na·Beijing Hengluo 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.