Legal Protection for Pregnant Employees in China

Legal Protection for Pregnant Employees in\x0d\x0aChina

Under Chinese labor laws, pregnant employees enjoy special protections to ensure job security, healthcare coverage, and income stability during maternity leave. If a company refuses to renew a contract or fails to provide social insurance, the employee has legal recourse. 

1. Automatic Contract Extension 

According to Article 42 and 45 of the Labor Contract Law, if a female employee is pregnant, on maternity leave, or breastfeeding (until the child is 1 year old), the employer cannot terminate the employment contract upon expiration. The contract must be extended until the end of the breastfeeding period. 

*Exception: If the company goes bankrupt or ceases operations legally. But the company must still pay severance. 

2. Social Insurance Rights 

Under Article 58 of the Social Insurance Law, employers must enroll employees in social insurance (including maternity insurance, pension and medical insurance).

If the company fails to do so, the employee can demand reimbursement for medical expenses related to pregnancy and childbirth (Article 8 of Special Regulations on Female Employee Labor Protection).

In addition, the company may face fines or be forced to make back payments. 

3. Maternity Leave & Salary 

* Maternity leave: At least 98 days (longer for difficult births or multiple births). Some regions (e.g., Shanghai) grant an additional 30 days. 

* Salary during leave: Covered by maternity insurance (based on the company's average salary). If the company did not pay insurance, it must pay the full salary (Article 54 of Social Insurance Law). 

4. Protection Against Dismissal 

* During pregnancy, maternity leave, and breastfeeding (collectively "Three Periods"), the employer cannot fire the employee for performance or economic reasons (Article 42 of Labor Contract Law). 

* If illegally dismissed, the employee can demand reinstatement or double severance pay as compensation. 

5. How to Enforce Rights 

* Complain to the local labor bureau. 

* File a labor arbitration claim (for wrongful termination or contract disputes).

In conclusion, pregnant employees in China have strong legal protections. If a company violates these rights, the employee should gather evidence (contract, pay slips, medical records) and seek legal assistance. Employers who ignore these laws risk penalties and lawsuits. 

Related laws & regulations

Article 42 of the Labor Contract Law:

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

(4) Where a female employee is in the period of pregnancy, childbirth or lactation;

(6) Other circumstances as prescribed by laws and administrative regulations.

Article 8 of the Special Provisions on Labour Protection for Female Employees:

The maternity allowance for female workers during the maternity leave period shall, for those who have participated in the maternity insurance, be paid by the maternity insurance fund in accordance with the standard of the average monthly salary of the employees of the employer in the previous year; for those who have not participated in the maternity insurance, be paid by the employer in accordance with the standard of the female worker's salary before the maternity leave.

Article 63 of the Social Insurance Law:

Where an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection institution shall order it to pay or make up the premiums within a time limit. 

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