Answer: According to the Special Provisions on Labor Protection for Female Employees, employers must not cut the pay, terminate the employment contract, or dismiss female employees because they are pregnant, have given birth, or are feeding infants.
For employees who have been pregnant for over seven months, the employer must not arrange overtime work or night shifts and shall provide appropriate work breaks for them. Employers shall also refrain from scheduling overtime and night shifts for lactating employees. All other categories of female employees should receive the same protection.
In particular, an employer must not terminate the employment relationship with a female full-time employee in the three protected periods (pregnancy, childbirth or breastfeeding) in accordance with the provisions of Articles 40 and 41 of the Employment Contract Law (including the grounds of health incompetence and ability incompetence, major changes in objective situation, and economic redundancy). Any fixed-term employment contract with a female employee in the three protected periods shall not be dissolved on the ground of contract expiration unless and until her three protected periods expire.
The same employment security protection shall apply to female employees on irregular and general work hours, labor dispatch, and assignment contract. Female employees on casual hours, however, are not necessarily under the protection, as both parties may terminate the employment relationship at any time in accordance with the Employment Contract Law.
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Mr. Dong Wang has been in practice for over 20 years, specializing in business law, including employment law, commercial law, company law, and intellectual property law. Mr. Wang has earned respect and trust from his clients due to his professionalism, fidielty, and kindness.
Email: wangdong@royalaw.com