During pregnancy, can employers dismiss employees? For pregnant mothers to be, because pregnancy can not create benefits for the unit, so some owners of private enterprises will dismiss employees for no reason, in fact, this is an illegal act.
Ms. Jing was pregnant for one month and signed a labor contract (one-year term) with her current employer in January this year. During pregnancy, can the employer dismiss or not renew the contract?
Lawyer answer:
According to the provisions of Article 42 of the labor contract law, female employees in pregnancy, childbirth and lactation, unless they have serious violations of the rules and regulations of the employing unit; serious dereliction of duty causes significant damage to the employing unit; at the same time, they establish labor relations with other employing units, which has a serious impact on the completion of their work tasks and are investigated for criminal responsibility according to law Under certain circumstances, the employer shall not terminate the labor contract.
In addition, Article 45 of the labor contract law specially stipulates that when the labor contract expires, if there is one of the situations specified in Article 42 above, the labor contract shall be extended until the corresponding situation disappears.
Therefore, if you are pregnant without the circumstances specified in Article 42 of the labor contract law, the employer cannot terminate the labor contract with you. If the labor contract expires during your pregnancy and the company renews it with you, the new labor contract will be executed; if the company does not renew it with you, the original labor contract will be automatically renewed until the expiration of the lactation period. The salary will be executed according to the original labor contract, and you can still enjoy the special treatment of 'pregnancy, childbirth and lactation'.
Legal links
1、 Labor Law
Article 29 An employing unit shall not terminate the labor contract of a female employee during pregnancy, childbirth or lactation.
2. Labor Contract Law
Article 42 the employer shall not terminate the labor contract in accordance with the provisions of articles 40 and 41 of this Law in case of any of the following circumstances:
（4） Female employees in pregnancy, childbirth or lactation.
3. Law on the protection of women's rights and interests
Article 27 No unit may, due to marriage, pregnancy, maternity leave, breastfeeding and other circumstances, reduce the wages of female employees, dismiss female employees, and unilaterally terminate the labor (employment) contract or service agreement. However, the female employees' request for termination of the labor (employment) contract or service agreement shall be excluded.
4. Reply of the general office of labor to the request for instructions on the cancellation and termination of labor contracts of female employees of foreign-funded enterprises during pregnancy, childbirth and lactation
Female employees during pregnancy, childbirth and lactation may be dismissed if they find that they do not meet the conditions during the probation period stipulated in the contract, but they may not be dismissed on the grounds of pregnancy, maternity leave or lactation
5. Special provisions on labor protection of female employees
Article 5 An employing unit shall not reduce the wages of its female employees due to their pregnancy, childbirth or lactation, dismiss them, terminate their labor or employment contracts with them.