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Can the company dismiss pregnant employees

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Can the company dismiss pregnant employees


        

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  • 2024-06-17 15:00:01

    The company cannot dismiss employees during pregnancy. If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not require to continue to perform the labor contract or the labor contract has been unable to continue to perform, the employer shall pay compensation. According to the laws of our country, the employer may not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if a worker is in one of the following circumstances: (4) a female employee is pregnant, giving birth or breast-feeding.

    Legal basis

    Article 42 of the Labor Contract Law, the Employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the laborer has one of the following circumstances: (1) The laborer engaged in the operation exposed to occupational disease hazards has not undergone the pre departure occupational health examination, or the suspected occupational disease patient is in the period of diagnosis or medical observation; (2) Those who suffer from occupational diseases or work-related injuries in their own units and are confirmed to have lost or partially lost their ability to work; (3) Illness or non work related injury within the prescribed medical treatment period; (4) A female worker is in the period of pregnancy, childbirth or lactation; (5) Having worked continuously in the unit for 15 years or more, and less than five years from the statutory retirement age; (6) Other circumstances stipulated by laws and administrative regulations.

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