subject: Can Employing Unit Discharge Pregnant Female Employees? [print this page] In order to protect female workers rights and interests, relevant provisions of Labor Law of the Peoples Republic of China and Labor Contract Law of the Peoples Republic of China cramp definitely that the employing unit may not discharge the labor contract with any female worker who is in her pregnancy, confinement or nursing period. Therefore, compared with other workers, the pregnant female worker enjoys certain privileges. So then, many employing units consider that they cannot discharge the labor contract with any female worker as long as that female worker is in the above special period. So that those enterprises dare not discharge the labor contract with any pregnant female worker, who damage the enterprise benefits, and worry to bear the unfavorable consequences therefrom. In fact, under above situation, the employing unit also may discharge the labor contract with any pregnant female worker. Because Labor Law of the Peoples Republic of China and Labor Contract Law of the Peoples Republic of China stipulate that employing unit cannot discharge the labor contract with any female worker who is in her pregnancy, confinement or nursing period when the worker has no faults or in the context of economic employee releasing. For a ordinary worker, he falls ill or is injured for a non-work-related reason, who is not able to bear the original post after the expiration of the medical treatment period as prescribed, nor can he assume any other position as arranged by the employer; he is incapable of doing his job and remains so upon training or upon adjustment to his post; The objective circumstance has altered significantly, on which the conclusion of the labor contract is based, which results in that the labor contract is unable to be performed. And no agreement concerning the modification of contents of the labor contract is reached after consultations between the employer and the worker; serious problems in production and business operation occurs; the enterprise has changed products, made significant technological renovation or adjusted the form of business operation, and it still needs to have reduction after the labor contract is altered; or the objective economic circumstance, on which the labor contract is based, has altered significantly and it is unable to perform the labor contract. Given these conditions, employing units can discharge the labor contract with those workers. Whereas cases like this, it is forbidden by law to discharge the labor contract with any pregnant female worker who is in her pregnancy, confinement or nursing period. In addition to above cases, there is no limitation in Chinese law.
by: Sino-Link Consulting
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