How does the Labor Arbitration Commission judge when pregnant and dismissed? If the pregnant woman has no fault, the employer will terminate the contract in violation of the law, and the pregnant woman can request to continue to perform the contract or ask for economic compensation; If the pregnant woman has the situation in Article 39 of the Labor Contract Law, the company can also dismiss the pregnant woman without economic compensation.
Article 39 of the Labor Contract Law stipulates that the employer may terminate the labor contract if a worker has any of the following circumstances:
（1） It is proved that the employee does not meet the employment conditions during the probation period;
（2） Seriously violating the rules and regulations of the employing unit;
（3） Serious dereliction of duty or engaging in malpractice for selfish ends, causing major damage to the employing unit;
（4） The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of his own unit, or refuses to correct after being proposed by the employer;
（5） The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
（6） Being investigated for criminal responsibility according to law.
Legal basis
Article 39 of the Labor Contract Law of the People's Republic of China (2012 Revision) [The Employer unilaterally terminates the labor contract (negligent dismissal)] The Employer may terminate the labor contract in any of the following circumstances:
（1） It is proved that the employee does not meet the employment conditions during the probation period;
（2） Seriously violating the rules and regulations of the employing unit;
（3） Serious dereliction of duty or engaging in malpractice for selfish ends, causing major damage to the employing unit;
（4） The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of his own unit, or refuses to correct after being proposed by the employer;
（5） The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
（6） Being investigated for criminal responsibility according to law.
