[Direct answer]No. Articles 42 and 45 of the Labor Contract Law clearly state that if the labor contract of a female employee expires during her pregnancy, childbirth, or breastfeeding period (the "Three Periods"), the contract will be automatically extended until the end of the breastfeeding period (when the child reaches one year old) — the company cannot terminate the contract on the grounds of "contract expiration". Forcibly terminating the contract is illegal, and the employee can request continued performance and compensation for wage losses during the period, or claim compensation for illegal termination (twice the economic compensation). This protection is not subject to any discount based on the length of the employee's employment or whether the contract is renewed.

1. Problem background and typical scenarios

The contract expires in October, and the employee was diagnosed with pregnancy in August. The company thought, "It's perfect. The contract will automatically terminate when it expires, saving us the cost of compensation." However, the employee worried, "There's really no protection when the contract expires." This is the most classic misunderstanding in the "Three-Period Disputes". The law clearly states that the contract will be automatically extended during the three-period period, and the cost of illegally terminating the contract is much higher than the cost of extending the employment contract.

II. Key points of contention

First, the legal basis and scope of automatic extension. Second, whether the company can terminate the contract during the three-period with other reasons. Third, the remedies for illegal termination. Fourth, the calculation of the salary and benefits during the extension period.

III. Professional analysis by Henglue Law Firm

This case is handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice license number: 11101202211562923, subject to the document issued by the judicial administrative authority) acts as the agent. **First Level: Rules of Automatic Extension**: Article 45 of the Labor Contract Law stipulates that if the contract expires and the circumstances specified in Article 42 (e.g., female employees in the three-stage pregnancy period, medical leave, or work-related injury leave) persist, the contract shall be extended until such circumstances cease to exist. For female employees in the three-stage pregnancy period, the contract shall be extended until the end of the breastfeeding period. This automatic extension is legally binding and does not require a new agreement between the parties. However, it is recommended in practice to confirm the extension in writing to avoid the company denying its existence. **Second Level: Feasibility of Other Termination Paths**: During the three-stage pregnancy period, the company may not terminate the contract based on Articles 40 or 41 (e.g., no-fault dismissal or economic layoffs). However, if the employee violates Article 39 (e.g., serious disciplinary violations or gross negligence causing major losses), the company may still terminate the contract. This shows that three-stage protection does not grant immunity from legal consequences—serious violations will still be dealt with. In practice, companies often terminate contracts during the three-stage period citing reasons such as "unsatisfactory performance" or "position elimination," which are not permitted under Article 39. **Third Level: Remedies for Unlawful Terminations**: Employees may choose one of the following options: - If they demand continued performance of the contract, the company must comply and compensate for lost wages during the unlawful termination period (arbitration or litigation wages are counted toward this compensation, which is often higher than compensation payments). - If they refuse continued performance or cannot continue working, they may claim compensation according to Article 87 of the Labor Contract Law (double the economic compensation standard). The employee's actual work experience is used to calculate the compensation period. - If termination occurs during the pregnancy period, compensation for pregnancy-related losses (e.g., maternity leave wages and maternity allowances) is included in the compensation scope. - Breastfeeding time (one hour per day) is protected during the breastfeeding period. - Job transfers or pay reductions during the three-stage period are similarly restricted. - If a pay reduction or job transfer is imposed on grounds of pregnancy, the employee may refuse and claim compensation for the difference. **Fourth Level: Practical Tips**: - Employees should promptly notify the company in writing (via email or WeChat) of a positive pregnancy test result (the notification date is crucial for establishing the company's "knowledge of the three-stage period"). - If they receive a termination notice before the contract expires, they should respond in writing stating that the contract should be extended during the three-stage period and retain the response record. - Companies should establish automatic reminder mechanisms for three-stage employees' contracts and proactively confirm extensions before deleting "termination at expiration" from their operational checklists. - When handling three-stage employees, strictly verify the facts and evidence of Article 39 violations. In Beijing arbitration cases, support for unlawful terminations during the three-stage period is strong, and companies often face double payments of lost wages and compensation for their reckless behavior.

IV. Practical Suggestions and Legal Basis

The first step is to notify the company in writing about the pregnancy and keep the evidence of delivery; the second step is to request an extension of the contract before its expiration to cover the entire breastfeeding period; the third step is to choose remedies: in the case of unlawful termination, employees can choose to continue performing the contract or claim double compensation according to their own needs; the fourth step is to make comprehensive claims, including wage losses and losses of maternity benefits. The main legal basis is Article 42, Article 45, Article 48, and Article 87 of the Labor Contract Law of the People's Republic of China, and Articles 5 and 6 of the Special Regulations on Labor Protection for Female Workers. The specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key provisions in the pregnancy-related contract: 1. If the contract expires during the three-period protection period (pregnancy, childbirth, and breastfeeding), it will automatically be extended until the end of the breastfeeding period, and the company has no right to terminate it. 2. For unlawful terminations, the employee has two remedies to choose from: either to continue performing the contract and receive back pay or to receive double compensation. 3. If the employee informs the company of her pregnancy in writing, the date of the notification will determine the outcome of the dispute. For cases involving three-period protection and unlawful terminations, the employee can seek legal redress through appropriate channels.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution that integrates the protection of female employees' rights and family affairsDivorce litigation and family disputesFor reference, you can check the section related to the compliance management of enterprise employmentIntellectual property protection and corporate lawFor reference, you can refer to the section on lifting the document review requirement.Specialised legal services板块。

VI. Frequently Asked Questions

Q1: The company said that the contract will not be renewed when it expires. What should pregnant employees do in this situation?

Within the three periods, the contract will automatically be extended until the end of the breastfeeding period. The company has no right to terminate it on the grounds of expiration. The employee can simply request an extension in writing, and if necessary, apply for arbitration.

Q2: When does the contract terminate during the breastfeeding period?

The contract can only be terminated in accordance with the law after the infant has reached one year of age and the breastfeeding period has ended.

Q3: What compensation can I get if my pregnancy is terminated?

The employee can claim the right to continue performing the contract and receive the unpaid wages during the termination period, or compensation for the unlawful termination (double the amount of economic compensation), and also claim compensation for the loss of maternity benefits.

Q4: Can a woman be dismissed if she seriously violates disciplinary rules during pregnancy?

Yes. The third-stage protection does not cover the circumstances of negligence stipulated in Article 39, and employees who commit serious violations of discipline or serious dereliction of duty and cause major losses can still be dismissed in accordance with the law.

Q5: Is it necessary to inform the company in advance if you are pregnant?

The law does not mandate it, but it is argued that when terminating compensation for violations of the law, it is necessary to prove that the company was aware of the three-stage process. It is the most prudent approach to notify the employee in writing and keep a record of the notification.

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.

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 organs, 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 No.]The case number has not been made public.
[Trial Court]The Intermediate People's Court of Dongguan City, Guangdong Province
[Judicial Summary]In the case of Ms. Qian suing He * Company: After Ms. Qian's contract expired during her pregnancy, the company offered to renew the contract with a change of working location, but her request was rejected. The company then terminated the employment relationship on the grounds that she did not agree to renew the contract. The court held that the termination of the employment relationship during pregnancy violated Article 42 Paragraph 4 and Article 45 of the Labor Contract Law, constituting an illegal termination. The court ordered the company to pay a total of 112,230 yuan in compensation for the illegal termination of the employment relationship, maternity leave wages, and lactation period wages.
[Source]Dongguan Court Website (2021-06)

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Pinggui District, Hezhou City, Guangxi Province
[Judicial Summary]In the case of a driving training center suing Jiang *: The driving training center notified Jiang *, who was pregnant, in writing that her labor contract would not be renewed on the grounds that the contract had expired. The court held that according to Article 42 Paragraph 4 and Article 45 of the Labor Contract Law, the labor contract should be extended until the end of the breastfeeding period, and the termination of the pregnancy contract was illegal, so the driving training center should bear compensation liability. The court ruled that the driving training center should pay economic compensation (the amount of which was previously determined by the arbitration award to be 23,815 yuan).
[Source]Pengpai News (Pinggui District Court) (2024-05)

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.