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Is it legal to fire a pregnant employee?
Answer

The answer is no.

The Article 27 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests(http://www.china.org.cn/english/government/207405.htmprohibits any employer from reducing a female employee's wages, dismissing her, or unilaterally terminating her employment contract due to marriage, pregnancy, maternity leave or breastfeeding.

Similarly, the Labor Contract Law of the People's Republic of China (http://www.npc.gov.cn/zgrdw/englishnpc/Law/2009-02/20/content_1471106.htm stipulates in Article 42 that an employer cannot terminate a female employee's contract during her pregnancy, maternity leave, or the breastfeeding period for conditions outlined in Article 40 and Article 41.

Moreover, the Labor Contract Law stipulates that if an employer unlawfully terminates the contract of a female employee, the employer must compensate her with twice the standard financial compensation specified in Article 47.

67613b71e4b07217bc3859e5.jpg

What labor protections do pregnant employees enjoy?

According to the Special Provisions on Labor Protection for Female Employees, if a pregnant employee is unable to perform her original duties, the employer shall reduce her workload or assign her to other suitable tasks, based on a medical certificate.

For employees who are in their seventh month of pregnancy or later, employers are prohibited from extending their working hours or assigning night shifts.

Employers must ensure that pregnant employees receive adequate rest during working hours.

Additionally, time off for prenatal checkups is considered paid working time.

 

How many days of maternity leave are female employees entitled to?

Female employees are granted 98 days of maternity leave, including 15 days of leave before childbirth, according to the Special Provisions on Labor Protection for Female Employees. If the labor is difficult, the mother is given an additional 15 days; and in the case of multiple births, an additional 15 days are added for each additional child.

In the event of a miscarriage, the employee is entitled to maternity leave as well. If the miscarriage occurs before the fourth month of pregnancy, the employee is entitled to a 15-day leave. If the miscarriage happens after the fourth month, the employee is entitled to 42 days of leave.

Furthermore, under the Regulations of Shanghai Municipality on Population and Family Planning, female employees who give birth are entitled to an additional 60 days of maternity leave – on top of the 98 days mandated by the national regulations – for a total leave of 158 days.

 

Source: International Services Shanghai (https://english.shanghai.gov.cn/)

International Services Shanghai is an upgraded, multilingual portal for the Shanghai municipal government. It offers detailed policies, news updates, and useful tips for expats in Shanghai who are seeking information on business, employment, travel, education, or shopping.

Answered: Dec 17, 2024

Of course not. The bottom line of logic is "empathy".

Answered: Dec 17, 2024

No. we need to protect the pregnant women. To all the social, the employers should give pregnant workers more chance to enhance their work experience and get a promotion, so that we can promote the population growth.

Answered: Dec 18, 2024

In most countries, it is illegal to fire a pregnant employee solely because of her pregnancy. Laws like the Pregnancy Discrimination Act (PDA) in the United States and similar legislation in other countries protect pregnant employees from discrimination. However, an employer can still terminate a pregnant employee for legitimate, non-discriminatory reasons, such as poor performance, misconduct, or company layoffs, provided the pregnancy is not a factor in the decision. Employers must ensure that their actions are not retaliatory and that they comply with relevant employment laws.

Answered: Dec 21, 2024

Definitely no

Answered: Dec 18, 2024

Of course no!!! It's too cruel .

Answered: Dec 17, 2024

In most cases, it's illegal to fire a pregnant employee.

Pregnancy is a protected characteristic in the context of employment law. Laws such as the Pregnancy Discrimination Act in the United States prohibit employers from discriminating against women because of pregnancy, childbirth, or related medical conditions.

Employers are expected to treat pregnant employees in the same way as other employees with temporary disabilities. They should provide reasonable accommodations to enable the pregnant employees to continue working, like allowing for more frequent breaks, modified job duties that are less strenuous, and so on. Firing a pregnant woman simply because she is pregnant is a violation of these anti - discrimination laws and the rights of the employee. However, if the termination is due to reasons unrelated to the pregnancy, such as gross misconduct that would lead to the dismissal of any other employee, then it may be a legal termination.

Answered: Dec 17, 2024

No, it isn't. According to labor protection for female employee, pregant employee have rights to days of leave. They are protected legally.

Answered: Dec 17, 2024

Of course, it's not.

Answered: Dec 08, 2024

No

Answered: Dec 05, 2024

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Is it legal to fire a pregnant employee?
Answer
Answer
intlservicessh

The answer is no.

The Article 27 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests(http://www.china.org.cn/english/government/207405.htmprohibits any employer from reducing a female employee's wages, dismissing her, or unilaterally terminating her employment contract due to marriage, pregnancy, maternity leave or breastfeeding.

Similarly, the Labor Contract Law of the People's Republic of China (http://www.npc.gov.cn/zgrdw/englishnpc/Law/2009-02/20/content_1471106.htm stipulates in Article 42 that an employer cannot terminate a female employee's contract during her pregnancy, maternity leave, or the breastfeeding period for conditions outlined in Article 40 and Article 41.

Moreover, the Labor Contract Law stipulates that if an employer unlawfully terminates the contract of a female employee, the employer must compensate her with twice the standard financial compensation specified in Article 47.

67613b71e4b07217bc3859e5.jpg

What labor protections do pregnant employees enjoy?

According to the Special Provisions on Labor Protection for Female Employees, if a pregnant employee is unable to perform her original duties, the employer shall reduce her workload or assign her to other suitable tasks, based on a medical certificate.

For employees who are in their seventh month of pregnancy or later, employers are prohibited from extending their working hours or assigning night shifts.

Employers must ensure that pregnant employees receive adequate rest during working hours.

Additionally, time off for prenatal checkups is considered paid working time.

 

How many days of maternity leave are female employees entitled to?

Female employees are granted 98 days of maternity leave, including 15 days of leave before childbirth, according to the Special Provisions on Labor Protection for Female Employees. If the labor is difficult, the mother is given an additional 15 days; and in the case of multiple births, an additional 15 days are added for each additional child.

In the event of a miscarriage, the employee is entitled to maternity leave as well. If the miscarriage occurs before the fourth month of pregnancy, the employee is entitled to a 15-day leave. If the miscarriage happens after the fourth month, the employee is entitled to 42 days of leave.

Furthermore, under the Regulations of Shanghai Municipality on Population and Family Planning, female employees who give birth are entitled to an additional 60 days of maternity leave – on top of the 98 days mandated by the national regulations – for a total leave of 158 days.

 

Source: International Services Shanghai (https://english.shanghai.gov.cn/)

International Services Shanghai is an upgraded, multilingual portal for the Shanghai municipal government. It offers detailed policies, news updates, and useful tips for expats in Shanghai who are seeking information on business, employment, travel, education, or shopping.

Answered: Dec 17, 2024

1994BRIT-NOKIA2025

Of course not. The bottom line of logic is "empathy".

Answered: Dec 17, 2024

卷舒开合

No. we need to protect the pregnant women. To all the social, the employers should give pregnant workers more chance to enhance their work experience and get a promotion, so that we can promote the population growth.

Answered: Dec 18, 2024

Car2go

In most countries, it is illegal to fire a pregnant employee solely because of her pregnancy. Laws like the Pregnancy Discrimination Act (PDA) in the United States and similar legislation in other countries protect pregnant employees from discrimination. However, an employer can still terminate a pregnant employee for legitimate, non-discriminatory reasons, such as poor performance, misconduct, or company layoffs, provided the pregnancy is not a factor in the decision. Employers must ensure that their actions are not retaliatory and that they comply with relevant employment laws.

Answered: Dec 21, 2024

DrGAO

Definitely no

Answered: Dec 18, 2024