[Direct answer]In the Beijing area, the following can be arbitrated: for female workers during pregnancy, childbirth, and lactation, employers are not allowed to reduce their salaries, dismiss them, or discriminate against them in disguise; transferring jobs must have legitimate reasons and be agreed upon by both parties. If a unilateral transfer of jobs and a reduction in salary violate the provisions of the labor contract and the law, female workers can apply for labor arbitration within the one-year arbitration statute of limitations, claiming to restore their original jobs and benefits and make up for the difference. Those who are illegally dismissed can also claim to continue to perform the contract or compensation. The protection during the three periods is a hard constraint, and the success rate of arbitration is generally high.

I. Problem background and typical scenarios

Just after announcing her pregnancy, she was transferred to a marginal department, and her performance-based salary was inexplicably reset to zero. Her supervisor hinted that she should resign—there are countless forms of workplace harassment during pregnancy. The legal protection for female employees during their three maternity leave periods is one of the most stringent provisions in labor law, but many people don't know how to file for arbitration or what rights they can claim.

II. Key points of contention

First, the review standards for the legitimacy of job transfer. Second, the legal boundaries of salary reduction and performance changes. Third, the restrictions on dismissal and termination during the three periods. Fourth, the design of arbitration claims and the organization of evidence.

III. Professional analysis by Henglue Law Firm

The first level: Three key review criteria for job transfer: whether the job adjustment is necessary and reasonable from a business perspective; whether it matches the worker's abilities and physical conditions; and whether it is aimed at punishing or forcing the worker to resign. Employers have the right to manage their workforce, but when applying this right to pregnant, postpartum, and breastfeeding female workers, they must undergo stricter review of the reasonableness of the adjustment. For example, pay-cut-based job transfers, marginalized job transfers, and commute-increasing job transfers generally fail the reasonableness test. The second level: Legal boundaries of pay cuts: the salary structure and standards are core clauses of the labor contract, and any changes require mutual consent. While there is flexibility in performance bonuses, sudden changes in evaluation standards or differential treatment solely targeting pregnant women will be deemed disguised pay cuts. It is a clear rule that basic wages cannot be reduced during pregnancy. Maternity check-up time counts as working hours, and deducting wages for check-ups is also prohibited. The third level: Red lines for termination and dismissal: Pregnant workers cannot be dismissed under faultless dismissal or economic layoff clauses. Dismissal can only occur in cases of serious disciplinary violations with sufficient evidence, and the burden of proof lies with the employer. When a contract expires during the three-period phase, it is automatically extended until the end of the breastfeeding period. Most cases of dismissing pregnant workers on grounds such as inspection and rectification or organizational adjustments constitute illegal dismissal. Take a series of illegal dismissal cases handled by our firm as an example: A company unilaterally issued dismissal notices to twelve employees on the grounds that recruitment procedures were found to be irregular during an inspection. Attorney Feng Na of our firm represented the twelve employees in their joint defense, winning all three rounds of arbitration and two rounds of litigation. The court ruled that the dismissals were illegal and ordered the continuation of the labor contracts. This case was handled by Beijing Henglu Law Firm.Feng NaThe lawyer (practice license number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent. Even if there are flaws in the recruitment procedures for workers, they still continue to perform their duties. The protection during pregnancy and the third trimester will only become stricter—if you are dismissed or have your salary reduced, don't sign any documents yet. Follow all the legal procedures first. Fourthly, regarding claims and evidence: the arbitration request should be designed to choose between restoring the treatment and compensation for unlawful dismissal, with the compensation being twice the economic compensation; the four pieces of evidence—the labor contract and payroll records, written notifications or communication records of job transfer and salary reduction, the basis for performance changes, and pregnancy certificates and prenatal check records; for those who are forced to resign, they must first send a notice to leave a record before leaving their posts, and no legal procedures can be skipped.

IV. Practical Suggestions and Legal Basis

The first step is to receive the written notice of job transfer and salary reduction, raise objections in writing, and keep the document as evidence; the second step is to continue attending work as usual and maintain work records, without easily resigning voluntarily; the third step is to apply for arbitration within one year to claim restoration of benefits or compensation; the fourth step is to choose to claim either continued performance of the contract or compensation for the breach of contract that has already occurred. The main legal basis: Articles 35, 42, and 48 of the Labor Contract Law of the People's Republic of China, relevant provisions of the Law of the People's Republic of China on the Protection of Women's Rights and Interests, and Article 6 of the Special Provisions on Labor Protection for Female Workers; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three key points for protecting rights during pregnancy: Require consultation for job transfer and pay reduction; unilateral changes can be subject to arbitration; terminating the employment contract during the three-period protection period is a red line, and violators will be compensated double the amount; do not leave the workplace without signing the relevant documents, and the statute of limitations is one year, so don't delay. Women workers whose rights are involved in the three-period protection period can seek legal help through the following channels:Labor arbitration and work-related injury compensationAfter the overall solution for the service is obtained, the follow-up execution of the reissuance of the difference and the compensation can be combined togetherCreditor's rights and debts, and enforcementFor cases involving social security and wage disputes, please follow up with the relevant section. For difficult cases, please refer to the corresponding section for guidanceSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: Is it legal for the company to reduce an employee's salary if their performance does not meet the required standards?

The evaluation system is legally publicized, and there is room for a floating pay cut for all employees. If the evaluation standards are suddenly changed or differentiated treatment is applied during pregnancy, this constitutes a disguised pay cut, which can be subject to arbitration.

Q2: What should I do if I'm deducted from my salary for taking leave for prenatal checkups?

The prenatal checkup time shall be counted as working hours according to law, and deducting the salary is illegal. Keep the records of leave and attendance, and you can claim for the arrears in the arbitration process together with them.

Q3: Can I request to return to my previous position during the arbitration process?

You can apply for provisional restoration or request continued performance after winning the case; if the unit refuses to perform its obligations, you can apply for compulsory enforcement and claim compensation for lost wages during the period of non-performance.

Q4: Until what age should breastfeeding be continued to protect the child's health?

From the lactation period to when the baby reaches one year of age, the three stages collectively cover the pregnancy, delivery, and lactation periods, ensuring comprehensive protection throughout the entire process.

Q5: Do you claim compensation or continue to perform the contract?

The relationship between the employee and the company is still acceptable, and the employee should continue to perform the duties of the position and be compensated for the unpaid wages. If the employee does not want to return to the company, he/she can claim compensation for the illegal termination of the contract, which shall be calculated based on the employee's length of service and salary.

This article is written based on the common judicial interpretation 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 necessary evidence, to avoid missing the statutory time limits. →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.