[Direct answer]In the Beijing area, employers are not allowed to implement no-fault dismissals or economic layoffs for female employees during pregnancy, childbirth, and lactation periods. Unless the employees have committed serious violations of discipline or other statutory offenses, the dismissal shall be deemed an illegal termination. The employees may choose to request the continuation of the labor contract or demand compensation at twice the standard of economic compensation.

I. Problem background and typical scenarios

The common scenarios of female employees being dismissed in the third trimester are not always harsh: they may be laid off due to organizational structure adjustments, be eliminated as the lowest-performing employees based on unsatisfactory performance evaluations, be transferred to lower-paying positions to force them to leave on their own, be treated as absenteeism during pregnancy leave, or even have serious violations of company rules fabricated against them. Many female employees have many concerns about protecting their rights during pregnancy, fearing that it will take too much time and affect their careers, thus missing the opportunity to assert their rights.

II. Key points of dispute

First, is there a legal basis for the dismissal? The employer must provide evidence of the fault circumstances stipulated in Article 39 of the Labor Contract Law, otherwise, dismissal during pregnancy is prohibited under any circumstances. Second, is there a valid regulatory basis? For cases involving serious disciplinary violations, the rules and regulations must be formulated through democratic procedures and have been publicly announced and notified. Third, is the transfer of job positions justified? The transfer of job positions during pregnancy must be necessary and reasonable, and should not be punitive or discriminatory. Transfers that are disguised as forced retirements will not be supported. Fourth, who has the right of choice? Whether to continue performing the contract or to receive double compensation shall be decided by the employee, rather than unilaterally determined by the employer.

III. Professional analysis by Henglue Lawyers

The publicized cases send a clear signal. In a case announced by the Haidian District Court of Beijing in 2026, a female employee took leave to rest due to threatened miscarriage and severe morning sickness during pregnancy. She had reported the situation to the company and completed her work tasks, and the company also paid her salary as usual. The court ruled that this situation did not meet the standard of absenteeism, and the company's termination was illegal. The court ordered the company to pay compensation of 280,000 yuan. In a case from the Longhua District Court of Shenzhen in 2024, the company arranged a transfer to a different location during the middle and late stages of pregnancy, but the employee refused and was treated as having resigned automatically. The court found that the transfer lacked a legitimate reason and the system had not undergone a democratic process, and ordered the company to pay compensation of 40,586.2 yuan. Similar cases in Jiangyin, Jieyang, and other places also generally supported double compensation. Overall,Labor disputes of female workers in the third phaseThe success rate of Chinese workers in labor disputes is significantly higher than that in ordinary dismissal disputes. The key lies in fully documenting the entire process of termination.

IV. Practical suggestions and legal basis

According to Article 42 and Article 45 of the Labor Contract Law (adopted on June 29, 2007 and amended on December 28, 2012), female employees during pregnancy cannot be dismissed without fault, and the term of the labor contract should be extended until the end of the breastfeeding period. Article 87 stipulates that compensation should be paid at twice the standard of economic compensation for unlawful dismissal. The "Special Provisions on Labor Protection for Female Employees" (State Council Decree No. 619, implemented on April 28, 2012) clearly stipulate that female employees cannot be subject to wage reductions or dismissal due to pregnancy, and those who are unable to adapt to their original work should have their workload reduced or be arranged for rest. Suggestions: Immediately preserve the dismissal notice, conversation recordings, attendance and leave records, prenatal checkups and medical certificates; do not easily sign resignation letters or negotiation documents prepared by the unit; if you insist on continuing to perform the contract, also claim wage losses during the arbitration and litigation period.

5. Henglue Law Firm's Reminder

When deciding whether to continue performing the duties or to accept compensation, one should consider factors such as the likelihood of the position being retained, the difficulty of repairing workplace relationships, and personal plans, rather than assuming that a higher amount is always better. The compensation is calculated based on the employee's length of service and the average monthly salary of the last 12 months before leaving the company. Unpaid maternity leave wages and bonuses can also be claimed simultaneously. If the employer terminates a pregnant employee on the grounds of failing the probationary period, the burden of proof also lies with the employer. For compliance reviews involving employment materials and assessment documents, reference can be made to relevant regulations.Contract-related disputes的处理经验；遭遇孕期职场歧视需要综合维权的，可了解Specialised legal services.Beijing Henglu Law FirmTip: Act as soon as possible after receiving the notice of termination. The statute of limitations for arbitration is one year.

VI. Frequently Asked Questions

Q1: Are the chances of winning such lawsuits high?

If the employer terminates the employment contract with a pregnant employee without legal grounds, the rate of determining the dismissal as illegal is high, and the employee has a better chance of winning the case.

Q2: What evidence do I need to prepare?

The notice of dismissal or chat records, medical certificates for pregnancy and prenatal checkups, attendance and leave records, labor contracts and salary records, and evidence showing that the rules and regulations have not been publicly announced.

Q3: What are the approximate costs of attorney fees and arbitration fees?

Labor arbitration is free of charge. Lawyer's fees are negotiated in stages based on the subject matter, and compensation cases are usually charged based on a percentage of the recovered amount.

Q4: How long does the process take?

Arbitration is generally concluded within 45 days, and if the parties are not satisfied with the outcome, they can file a lawsuit. However, the timeframe for cases where the parties choose to continue with the contractual obligations is relatively longer.

Q5: What should I do first?

First, fix the evidence and request a written notice, then proceed with the evaluation of the materials and continue with the two options of performance fulfillment and compensation payment.

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 regional differences.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and are not related to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Haidian District, Beijing City
[Judicial Summary]The female employee took leave from work during her pregnancy due to threatened miscarriage and severe morning sickness. She reported the situation to the company and completed her work tasks as usual. The company also paid her salary during this period as usual. Therefore, this situation of leaving work does not meet the criteria for defining absenteeism. When an employee is pregnant and has a medical certificate, the employer's termination of the employment relationship constitutes an illegal termination, and the employer should pay compensation for the illegal termination of the employment contract (in this case, 280,000 yuan).
[Source]Beijing Court Network (Haidian District People's Court: Employee dismissed for being off work during pregnancy, and the court ruled that it was an illegal dismissal) (2026-04)

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Longhua District, Shenzhen City, Guangdong Province
[Judicial Summary]The employer arranged for the female employee to be transferred to a different position during the middle and late stages of her pregnancy. The female employee refused the transfer and continued to clock in at her original position. The company regarded her as having automatically resigned and terminated the labor contract on the grounds that she "refused to support the work multiple times and seriously violated the factory rules and regulations". The court ruled that the company failed to prove that the relevant regulations had undergone a democratic process, and that the female employee had legitimate reasons for refusing the transfer. The termination was deemed illegal, and the court ordered the company to pay compensation of 40,586.2 yuan for the unlawful termination of the labor contract.
[Source]Shenzhen Longhua District People's Court (Is the job transfer fake, and the dismissal is real? How can pregnant employees break the deadlock?) (2024)

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 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 a dispute arises, please consult a practicing lawyer in time.