Can the company dismiss a pregnant woman who has just become pregnant?

According to the labor law, no.

An employer can terminate an employment contract with an employee and dismiss an employee only under statutory circumstances. There are four types of statutory situations here:

1) Terminate the labor contract through negotiation and dismiss the employee, i.e., Article 36 of the "Labor": "The employer and the employee may terminate the labor contract if they reach a consensus through consultation." ”

2) Terminate the contract at fault and dismiss the employee, i.e., Article 39 of the Labor Contract Law: "The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1. During the probationary period, it is proved that they do not meet the employment conditions;

2. Seriously violating the rules and regulations of the employer;

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6. Being pursued for criminal responsibility in accordance with law.

3) Terminate the contract without fault and dismiss the employee, i.e., Article 40 of the Labor Contract Law: "In any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1. The worker is sick or injured not due to work, and cannot engage in the original job or other work arranged by the employer after the expiration of the prescribed medical treatment period;

2. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;

3. There is a major change in the objective circumstances on which the labor contract is based, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation. ”

4) Economic layoffs, i.e., Article 41 of the Labor Contract Law: "In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the layoff plan may be reported to the labor administrative department

1. Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2. Serious difficulties occur in production and operation;

3. After the change of labor contract, it is still necessary to lay off personnel after the enterprise changes production, major technological innovation or adjustment of business mode;

4. Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

It depends on the situation

When the company illegally terminates the labor contract of an employee during pregnancy, the employee has the following two rights protection schemes:

1. The employee may request to continue to perform the contract and pay the loss of wages until the contract continues to be performed;

2. If the employer illegally terminates the labor contract of a pregnant female worker, and the employee requests to continue to perform the labor contract, the employer shall revoke the decision to terminate the labor contract; If the worker is unwilling to continue working in the employer, the employer shall pay compensation to the worker at twice the rate of economic compensation.

Under any of the following circumstances, the employer has the right to terminate the employment relationship with the pregnant female employee in accordance with the law:

1. Serious violation of labor discipline or the rules and regulations of the employer;

2. Serious dereliction of duty or malpractice for personal gain, causing major damage to the interests of the employer;

3. The worker establishes labor relations with other employers at the same time during the Spring Festival, which has a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer;

4. If the employee is investigated for criminal liability in accordance with the law, the employer is not required to pay economic compensation.

Legal basis] Labor Law of the People's Republic of China

Article 29 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Sick or injured within the prescribed period of medical treatment; Swim type.

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws and administrative regulations.

Legal analysis: If the employee is pregnant, the employer shall not terminate the labor contract, if the employer terminates the labor contract, it shall pay double the economic compensation, in addition, it shall also pay the maternity allowance, maternity expenses, including, examination fees, midwifery fees, surgery fees, hospitalization fees, medicine fees, etc.

Legal basis: Labor Law of the People's Republic of China Article 29 The employer shall not terminate the labor contract of a female employee during pregnancy, childbirth or breastfeeding.

Labor Protection Provisions for Female Employees》 Article 4 The basic salary of a female employee shall not be reduced during her pregnancy, childbirth, or breastfeeding, or the labor contract shall be terminated.

Legal analysis leaks: companies cannot dismiss employees during pregnancy.

Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of having an occupational disease and bury a patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

If there is no serious fault on the part of the employee when she becomes pregnant, the company cannot dismiss the employee. If the company dismisses a pregnant woman who is not at fault, it is generally an illegal dismissal, and the pregnant woman can request the company Liang Lu to continue to perform the original contract with her or pay her a certain amount of compensation.

Legal basis] Article 42 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Sick or injured on the job, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

6) Other circumstances provided for by laws and administrative regulations.

Article 48.

If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Summary. Hello, if an employee is pregnant, the company generally cannot dismiss an employee unless the employee is at fault. If a pregnant employee is dismissed, the company will illegally dissolve or terminate the labor contract, and the employee shall be given double economic compensation.

Hello, the employee is pregnant, unless the employee has a major fault, the company generally can not dismiss the key cherry blossom employee. If a pregnant employee is dismissed, the company will be guilty of illegally dissolving or terminating the labor contract, and the employee shall be given double economic compensation.

Article 42 of the Labor Contract Law of the People's Republic of China Where a worker is assaulted under any of the following circumstances, the employer shall not terminate the labor contract of filial piety in accordance with the provisions of Articles 40 and 41 of this Law: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is under diagnosis or medical observation; 2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work; (3) Sick or injured not due to work, and accidentally opened within the prescribed medical treatment period; 4) Female employees are pregnant, giving birth, or breastfeeding; 5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; 6) Other circumstances provided for by laws and administrative regulations.