When may a company terminate the employment contract with a pregnant female employee?
Article 36 of the 2012 Labor Code stipulates the cases for termination of a labor contract:
- The labor contract expires, except for the cases specified in Clause 6, Article 192 of this Code.
- Both parties agree to terminate the labor contract.
- The employee unilaterally terminates the labor contract in accordance with Article 35 of this Code.
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And according to Clause 3, Article 155 of the 2012 Labor Code, the employer is not allowed to dismiss or unilaterally terminate the labor contract with female employees for reasons of marriage, pregnancy, maternity leave, or raising children under 12 months old, except in cases where the employer is an individual who dies, is declared by the court to have lost the capacity for civil acts, is missing, or has died, or if the employer is not an individual and ceases operations.
Therefore, only in the above three cases can the contract with a pregnant female employee be terminated, and the company does not have the right to unilaterally terminate or dismiss the pregnant female employee.
Respectfully!
