[Direct answer]In the Beijing area, it's not allowed—it's illegal to transfer jobs and reduce salaries due to pregnancy. The law explicitly prohibits employers from reducing salaries, dismissing or terminating labor contracts for female employees due to pregnancy, childbirth, or breastfeeding; there's only one legal channel for job transfer: mutual consent (or when the female employee is unsuited to her original position and provides a medical certificate to legally reduce her workload). If the employer unilaterally transfers the job and reduces the salary on the grounds of pregnancy, the employee can refuse, arbitrate, or even claim economic compensation for being forced to terminate the contract.

1. Problem background and typical scenarios

Just after announcing her pregnancy, her position was "optimized" to a marginal department, and her monthly salary dropped from 20,000 yuan to 8,000 yuan; her prenatal check leave was deducted from her full attendance bonus; and after returning to work, she was arranged to "voluntarily" resign. The workplace dilemmas of female employees in the three stages (pregnancy, childbirth, and lactation) are common and typical. Most of the job transfers and salary reductions carried out by enterprises in the name of "care" and "protection" are actually disguised forced resignations.

II. Key points of contention

1. The statutory content and boundaries of the first and third-stage protection. 2. The legal circumstances and procedures for job transfer. 3. Identifying and responding to disguised forced resignations. 4. Remedial pathways for illegal job transfers and salary reductions.

III. Professional analysis by Henglue Lawyers

The first layer is statutory protection: Article 42 of the Labor Contract Law of the People's Republic of China stipulates the protection of female employees during pregnancy, childbirth, and lactation against dismissal - they cannot be dismissed based on Article 40 (non-fault dismissal) or Article 41 (economic layoffs), and the labor contract period shall be extended until the end of the lactation period; the "Special Regulations on Labor Protection for Female Employees" further clarify that they cannot be reduced in salary, dismissed, or have their labor or employment contracts terminated due to pregnancy, childbirth, or lactation - "no salary reduction, no dismissal, no termination" is the rigid bottom line for the three periods; prenatal check-up time shall be included in working hours and cannot be deducted. The second layer is the legal boundaries of job transfer: job transfer constitutes a change to the content of the labor contract, and in principle, it requires mutual consent (Article 35 of the Labor Contract Law of the People's Republic of China); the only two options for the employer are: 1. Mutual consent to job transfer (with written confirmation, and the employee must genuinely agree to the corresponding adjustment in salary); 2. Adjustment based on medical certificates: if the female employee cannot adapt to her original work during pregnancy, the employer shall reduce her workload or arrange other suitable positions based on the medical institution's certificate - note that this is an adjustment aimed at "reducing workload and ensuring health", not an excuse for salary reduction; any unilateral job transfer and salary reduction during pregnancy are illegal changes. The third layer is the identification of disguised forced resignation: common tactics include marginalizing job transfers (transferring from core positions to non-core positions) + salary reduction (zeroing out performance) + relocating beyond commuting radius + strict attendance monitoring + "voluntary" resignation rhetoric; the key to identification lies in the timing and reasonableness - any post-salary adjustment after the announcement of pregnancy, or obviously unreasonable arrangement logic, all point to disguised forced resignation; employee responses include: sending a written response to the job transfer notice expressing disagreement and demanding to maintain the original position and salary, continuing normal attendance (no absenteeism, no giving others an excuse), keeping all communication records, and consulting a lawyer simultaneously. The fourth layer is the remedy path: 1. First step: trade unions and labor supervision - report to the trade union and file a complaint against illegal salary reduction; 2. Second step: arbitration - claim to perform the labor contract according to the original position and salary, and make up for the wage difference, with a one-year statute of limitations; 3. Third step: forced termination - if the company refuses to correct, defaults on or fails to pay wages in full, the employee may terminate the contract according to Article 38 on the grounds of insufficient payment of labor remuneration, and claim economic compensation N; 4. Fourth step: compensation for illegal termination - the company shall compensate 2N for forced termination, unless the employee has serious faults under Article 39 (e.g., failing to meet probationary conditions, serious disciplinary violations, etc.) during the three periods, in which case the termination is illegal. The fifth layer is compliance advice for enterprises: - Written consent for position adjustment for employees during the three periods, with medical certificates for health-oriented adjustments and guaranteed salary; - Compliant arrangements for maternity and lactation leave salaries; - This firm has repeatedly emphasized in labor compliance projects that the failure rate of disputes during the three periods is extremely high, with the legal balance clearly tilting in favor of employees. Rather than focusing on forced resignation tactics, it is more cost-effective to incorporate compliance costs into management.

IV. Practical Suggestions and Legal Basis

The first step is to leave a record: respond in writing that you do not agree with the notice of job transfer and salary reduction; the second step is to attend work normally: do not be absent from work or cause conflicts, and avoid giving others excuses to criticize you; the third step is to file a claim for arbitration: restore the original salary and make up for the difference, and calculate the compensation separately for forced termination; the fourth step is to claim compensation according to 2N for illegal termination. The main legal basis: Articles 35, 38, 42, 47, and 48 of the Labor Contract Law of the People's Republic of China, and Articles 5 and 6 of the Special Provisions on Labor Protection for Female Workers; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three key points regarding job transfers during pregnancy: Transferring a pregnant employee to a lower-paying position is illegal. The only legal channels are through mutual consent or a medical certificate; written refusal + regular attendance + full documentation are the three key strategies to counter covert forced resignations; and employers who illegally terminate employees during the three-stage protection period must pay 2N compensation, with clear legal boundaries. Those involved in disputes over rights during the three-stage protection period can seek legal assistance through established channels.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, and in cases involving compensation for illegal termination of employment, the parties can reach an agreement through negotiation.Special servicesFor the plate, you can refer to the wage disputes involving itBusiness and contract disputes in enterprisesFor the column related to the connection between social insurance and medical insurance, you can consult us for more informationIntellectual property protection and corporate lawTeam.

VI. Frequently Asked Questions

Q1: Can the company unilaterally transfer a pregnant employee to a different position during her pregnancy?

No. A job transfer constitutes a modification of the labor contract and requires mutual consent. Unilaterally transferring a pregnant employee to a different position and reducing her salary violates the regulations on the protection of female workers, and the employee can refuse and seek arbitration.

Q2: Can pregnant women be transferred to lighter work positions if they feel unwell during pregnancy?

Yes. If the medical institution certifies that the employee cannot adapt to their original job, the employer should reduce the workload or arrange suitable positions for them, and the adjusted salary should not be reduced.

Q3: What should I do if I'm forced to sign a "voluntary resignation" agreement?

No. If I sign the voluntary resignation form, I will lose the right to claim economic compensation and damages. Instead, I will express my disagreement in writing, continue to attend work as usual and keep records of my attendance, and then pursue legal protection through arbitration in the future.

Q4: Can a labor contract be terminated during pregnancy?

In principle, this is not allowed. During pregnancy, employers are not allowed to dismiss employees due to no-fault termination or economic layoffs. Any illegal dismissal will result in compensation of 2N; except for cases where employees have committed serious violations of company rules or other statutory offenses.

Q5: Is it legal to deduct wages if an employee takes leave to attend prenatal checkups?

It's illegal. The time spent on prenatal checkups is counted as working hours and treated as normal attendance. If the employer deducts wages or attendance bonuses, the employee can claim for the reissuance of the deducted amounts.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and 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 the evidence materials, 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 you encounter disputes, please consult a practicing lawyer in time.