[Direct answer]In the Beijing area, it is not allowed to dismiss employees due to pregnancy: the termination of the probationary period can only be done on statutory grounds—such as proving that they do not meet the employment conditions or have committed serious disciplinary violations—and the burden of proof lies with the employer. Pregnancy itself has nothing to do with the employment conditions, and dismissing employees on the grounds of pregnancy constitutes an illegal termination. Female employees can claim to continue to perform the labor contract and be paid during the period, or claim compensation of twice the economic compensation. The three-period protection applies throughout the probationary period. Probation is not a "get-out-of-jail-free card", but rather the stage when the employer faces the greatest burden of proof.

I. Problem background and typical scenarios

After three months of employment, I discovered I was pregnant. My supervisor suddenly changed his attitude, advising me to resign on the grounds of "not being a good fit" and "not integrating well into the team". The dismissal letter during the probationary period came out of nowhere—many female employees believe that employers can fire them at will during the probationary period. In reality, the list of reasons for terminating employment during the probationary period is even narrower than during the formal employment period, and pregnancy is an absolute red line that cannot be crossed. In practice, it's also common for employers to first transfer employees to different positions and reduce their salaries, then terminate their employment on the grounds of "disobeying management". To identify such tactics, we must first determine whether the statutory grounds for termination are valid, rather than relying on the superficial excuses provided by the employer.

II. Key points of contention

First, the statutory grounds for terminating the probationary period and the standard of proof. Second, the criteria for determining whether an employee fails to meet the hiring requirements. Third, the distinction between pregnancy and work performance. Fourth, the choice of claims after an unlawful termination.

III. Professional analysis by Henglue Lawyers

The first layer concerns the grounds for termination, which are specified in a closed list: termination during the probationary period must comply with Article 39 of the Labor Contract Law, and three conditions must be met: the recruitment criteria must be clearly stated in advance (employment confirmation and job description), supported by assessment records, and the decision must be made during the probationary period. Failure to meet any of these three conditions renders the termination illegal. Employers cannot use subjective reasons such as "not being a good fit" or "the team not needing them" to justify termination. The second layer addresses the inseparability of pregnancy from recruitment criteria: recruitment criteria are set based on job competency, and physical conditions only apply to specific positions with statutory health requirements. Interpreting pregnancy as a failure to meet criteria has consistently been rejected by judicial review—reproductive rights are protected by the Constitution and the Women's Rights and Interests Protection Law, and zero tolerance for employment discrimination during pregnancy applies. The third layer requires identifying employers' alternative strategies: if they cannot directly cite pregnancy, they may frame the termination as "poor performance" or "failure to pass the probationary assessment." To detect such tactics, focus on the assessment process and records: whether clear standards were set, whether the assessment actually occurred, and whether improvement opportunities were communicated in writing. For example, if an employee received high performance evaluations upon hire but suddenly failed the assessment after pregnancy, the arbitration tribunal would easily expose the inconsistencies. The fourth layer concerns claim design and evidence: arbitration claimants must choose between two options—continuing the contract and seeking compensation for unlawful termination during the recovery period, or pursuing compensation (double economic compensation). If the position in question has already been filled or trust has been broken, the compensation route is more practical. Four key pieces of evidence include: the labor contract and probationary terms, termination notices or communication records, pregnancy certificates and prenatal checkup records, and payroll and attendance records. A reminder: do not quit out of frustration if faced with verbal dismissal. Once you resign voluntarily, all compensation and compensation payments will be lost. Maintain attendance, respond in writing, and preserve evidence to retain control over the decision-making process. It is advisable to prepare evidence and claim strategies before a dispute arises—understanding the employer's compliance perspective can help anticipate their defense strategies and align strategies accordingly.Intellectual property protection and corporate lawCarry out a self-check against the employment compliance experience of the plateau.

IV. Practical suggestions and legal basis

The first step is to receive the notice of dismissal, request written documents, and immediately respond with objections; the second step is to attend work normally until the procedures are clarified, to avoid being accused of absenteeism; the third step is to apply for labor arbitration within 60 days (disputes over unpaid wages during the continuation of the labor relationship are not subject to this limitation), and to claim continued performance or compensation; the fourth step is to simultaneously file a complaint with the labor supervision authority about employment discrimination, and to apply pressure from multiple angles; for the review of the legality of the employer's rules and regulations and assessment systems, reference can be made to relevant provisions.Business and contract disputes in enterprisesThe compliance perspective of the plate. Main legal basis: Articles 21, 39, 48, and 87 of the Labor Contract Law of the People's Republic of China, Article 48 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests, and Articles 5 and 6 of the Special Provisions on Labor Protection for Female Employees; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

Three key points about pregnancy during the probationary period: dismissal must be in accordance with the law, and pregnancy is not a valid reason for dismissal; hiring conditions must be clearly stated in advance, and assessment records determine success or failure; continued employment or compensation payments apply, and voluntary resignation is the most disadvantageous option. For female employees' rights during the three periods, they can seek legal protection through legal channels.Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, involving the combination of debt relief and compensation executionCreditor's rights and debts, and enforcementPlate, reference for difficult casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: Is it true that the company doesn't need to give a reason for firing someone during the probationary period?

No, the termination of the probationary period must be based on statutory grounds and the employer has the burden of proof. Employers who claim that no reason is needed are likely to be violating the law by terminating the probationary period without justification.

Q2: Can I claim my period salary if I continue to perform my duties?

Yes, if the employer illegally terminates the employment contract and the employee continues to perform the contract, the employee can claim the wage losses during the period of suspension according to the original standard, and these losses will also be included in the arbitration and litigation period.

Q3: Will the probationary period be extended after pregnancy?

The probationary period will not be extended. The probationary period shall be implemented in accordance with the agreement, and the statutory upper limit will not be changed due to pregnancy. If the employer fails to terminate the employment contract in accordance with the law after the probationary period, it shall be deemed that the employee has been confirmed as a regular employee.

Q4: Should I accept the compensation offered when being persuaded to quit my job?

Before signing any compensation agreement, first evaluate the legal standards—the compensation for illegal dismissal is usually higher than the employer's initial offer; it's difficult to renegotiate the terms after signing a consensual dismissal agreement.

Q5: If the company has been deregistered, can I still pursue legal action against it?

You can claim the joint and several liability from the liquidation obligors and shareholders for not carrying out the liquidation in accordance with the law, and the cancellation of the company's registration does not exempt them from the responsibility of illegal termination of the contract.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

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 Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 case of disputes, please consult a practicing lawyer in time.