[Direct answer]In the Beijing area, if a female employee becomes pregnant during the probationary period, the employer may not terminate the labor contract on the grounds of pregnancy. According to Article 42 of the Labor Contract Law of the People's Republic of China, during the pregnancy, childbirth, and lactation periods, the employer may not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of the Law; if the employer terminates the contract solely on the grounds of pregnancy or using the excuse of "not passing the probationary period", it constitutes an illegal termination. However, if the employee does have serious violations of the rules and regulations, such as those described in Article 39, the employer can still terminate the contract. Whether it can be determined as an illegal termination depends on the reasons for termination and the evidence. It is recommended to keep materials such as the notice of termination and the pregnancy examination certificate, and apply for labor arbitration in time to claim compensation or continue to perform the contract. For more details, please refer to the relevant provisions of the Labor Contract Law of the People's Republic of China.Labor arbitration and work-related injury compensation services.

I. Problem Background and Typical Scenarios

During the probationary period, being dismissed due to pregnancy is a common occurrence in labor disputes. Typical scenarios include: female employees who just passed the probationary period or are still in the probationary period being informed of their pregnancy, and then being terminated on the grounds of "not meeting the employment conditions" or "position adjustment"; employers persuading female employees to resign on the grounds that pregnancy affects their work and requires frequent prenatal checkups; and using unsatisfactory performance evaluations to conceal the true reasons for dismissal. Many female employees remain silent because they are in the probationary period and have weak awareness of evidence protection. In fact, female employees during pregnancy are protected by law, and their probationary status does not diminish this protection. Their relevant rights and interests can be combined with the protection provided by law.Labor arbitration and work-related injury compensation servicesMaintenance.

II. Key points of contention

There are three key points in such disputes. First, the nature of the termination: whether the unit terminates the employment on the grounds of pregnancy, or based on the employee's genuine failure to pass the probation period or serious disciplinary violations. The former is illegal, while the latter may be legal. Second, the hiring conditions and evaluation: whether the unit can prove that it has clearly informed the employee of the hiring conditions, and that the female employee indeed fails to meet them and the evaluation process is compliant. Third, evidence confrontation: whether the female employee can prove that the dismissal is related to pregnancy (such as the time point of the dismissal and communication records). For issues related to the conclusion and performance of labor contracts, reference can be made to relevant provisions.Business and contract dispute services for enterprisesClarify the text.

III. Professional analysis by Henglue Law Firm

Based on practical experience in handling labor dispute cases, the key to winning or losing a case involving termination during the probationary period due to pregnancy lies in whether the reason for termination is genuine and unrelated to pregnancy. According to Article 39 of the Labor Contract Law, if an employee is proven to not meet the hiring criteria during the probationary period, the employer may terminate the contract; Article 42 prohibits terminating the contract for non-fault reasons during the pregnancy period. Henglue Lawyers advise that employers often use the excuse of "failure to pass the probationary period", but they must provide evidence that the hiring criteria have been clearly stated, the evaluation standards are objective, the procedures are compliant, and the conclusions are true. If the termination occurs right after the female employee informs her pregnancy and there is no substantive evaluation to support it, it is easily regarded as an illegal termination under false pretenses. Lawyers usually advise female employees to keep the hiring criteria and job responsibilities documents, pregnancy examination and notification records, termination notices, and communication recordings to prove the motivation for the termination is related to pregnancy. If the employee has committed serious violations, the employer's termination is justified. When protecting their rights, they should make rational distinctions, neither remaining silent against infringements nor abusing their rights. They can seek help from legal professionals to protect their rights.Special services and other case-related servicesEvaluate the case.

IV. Practical suggestions and legal basis

The legal basis is Article 39 (dismissal due to fault), Article 40 and Article 41 (non-fault dismissal circumstances) of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012, and implemented on July 1, 2013), Article 42 (prohibition of dismissal under Articles 40 and 41 in the case of female employees during pregnancy), Article 47 (economic compensation), and Article 87 (compensation for unlawful dismissal, which is twice the amount of economic compensation). Practical suggestions: First, save written documents of employment conditions and job responsibilities upon employment; Second, keep pregnancy checkup certificates and notification records after pregnancy; Third, require the employer to provide written reasons for dismissal upon receiving a dismissal notice; Fourth, collect evidence such as WeChat messages, emails, and audio recordings to prove the connection between the dismissal and pregnancy; Fifth, apply for labor arbitration within the statutory arbitration time limit to claim compensation for unlawful dismissal or to enforce the continuation of the labor contract.

5. Henglue Law Firm's Reminder

There are three tips for protecting your rights if you are dismissed during the probation period due to pregnancy. First, the probation period does not mean that you can be dismissed at any time. If the employer terminates the contract on the grounds of pregnancy, it is illegal and cannot be exempted from liability due to the probation period. Second, the burden of proof lies with the employer, who must prove that the termination meets the statutory circumstances and follows the proper procedures. Female employees should actively collect evidence to counter the employer's claims. Third, regarding compensation, if the termination is illegal, they can claim either to continue performing the contract or to receive compensation equal to twice the economic compensation. They should choose one of the two based on the possibility of recovering their position and their own demands. It is recommended to consult a professional lawyer as soon as possible and seek legal assistance.Creditor-debtor relations and enforcement case servicesIn addition to the above, we also provide professional labor support to ensure that actions are taken within the statute of limitations for arbitration.

VI. Frequently Asked Questions

Q1: If an employee is dismissed during the probationary period because she is pregnant, is this legal on the part of the company?

If the company terminates the employment contract solely on the grounds of pregnancy or using the excuse of "not passing the probation period", this constitutes an illegal termination. According to the Labor Contract Law, female employees during pregnancy are subject to special protection, and the employer is not allowed to terminate the contract for non-fault reasons. Even during the probation period, the employer must provide genuine evidence that the employee does not meet the hiring criteria and follow the proper procedures. If the company cannot present objective evaluations and explicit hiring criteria, and merely terminates the contract based on pregnancy or vague reasons of "not passing the probation period", arbitration institutions or courts will generally determine this as an illegal termination. Of course, if the female employee does have serious violations of discipline or other circumstances as stipulated in Article 39 of the Labor Contract Law, the employer's termination is legitimate. The key to determining the legality of the termination lies in whether the termination reasons are genuine and unrelated to pregnancy.

Q2: If I am dismissed during the probation period because I'm pregnant, what evidence do I need to prepare?

The core evidence includes: labor contracts and employment conditions, job responsibility documents (proving that the employer must clearly state the employment standards), pregnancy examination certificates and pregnancy notification records (proving the pregnancy period and the notification time), written dismissal notices (proving the facts and reasons of the dismissal), communication records such as WeChat and email recordings (proving the connection between the dismissal and pregnancy or the employer's self-acknowledged motives), pay slips and attendance records (proving the existence of a labor relationship). The evidence should be organized around "the existence of a labor relationship, being in pregnancy, and the employer's unjustified or pregnancy-related termination". The more complete the materials are, the better they can prove the illegal termination.

Q3: If I am unlawfully dismissed during pregnancy, how much does it cost to go through arbitration or hire a lawyer?

Labor arbitration itself does not charge case acceptance fees (some localities only charge very low fees for appraisal, etc.), and the threshold for protecting rights is relatively low. If you hire a lawyer, the lawyer's fees are related to the complexity of the case, whether it involves the continued performance of the contract, and the subject matter (wages and compensation). They are usually charged on a per-case basis or as a percentage of the subject matter, with the specific fees subject to the contract. There is no unified standard. Due to the low cost of arbitration, it is recommended to apply for arbitration within the statute of limitations first; if the evidence is complex or the unit's defense is strong, you can hire a lawyer to increase your chances of winning and weigh the lawyer's fees against the compensation you can obtain.

Q4: For disputes over dismissal during the probation period due to pregnancy, how long does it typically take to resolve through labor arbitration?

The time limit for arbitration of labor disputes is generally 45 days, and it can be extended by no more than 15 days if the case is complex. If the party is dissatisfied with the arbitration award, they may file a lawsuit with the court within 15 days from the date of receiving the award. If the case proceeds to litigation, the ordinary procedure of the first instance lasts six months, and the summary procedure lasts three months. Overall, for pregnancy-related dismissal cases with clear facts and sufficient evidence, it often takes two to three months from arbitration to a ruling; if the employer files a lawsuit, the process will be prolonged. It is recommended to fix key evidence at the arbitration stage, promote a quick ruling, and avoid delaying the process.

Q5: If I receive a notice of dismissal during the probationary period due to pregnancy, how can I specifically protect my rights?

Steps to follow: 1. First, require the employer to issue a written notice of termination and state the reasons. Never accept the termination orally or resign voluntarily. 2. Second, organize the labor contract, recruitment conditions, pregnancy examination and notification records, and communication evidence to prove the connection between the dismissal motive and pregnancy. 3. Third, within the statutory arbitration time limit (usually within one year from the date of becoming aware of the infringement of rights), apply for arbitration to the arbitration committee at the place where the labor contract is performed or the employer's location. 4. Fourth, the arbitration request can choose to claim compensation for unlawful termination (twice the economic compensation) or to continue to perform the labor contract. 5. Fifth, if necessary, hire a lawyer to assist with evidence collection and court hearings. It is recommended to seek legal assistance for the above steps.Labor arbitration and work-related injury compensation servicesProtect your rights according to the law and avoid signing unfavorable documents in a panic.

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 evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue 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.