Know this: an employer may not cut your pay or dismiss you for pregnancy, childbirth, or breastfeeding
Grade ABig benefitMoneyFreeLittle timeNo willpower
If your employer cuts your pay or fires you because you are pregnant, gave birth, or are breastfeeding, that is illegal. While the child is under 1 year old, you get 1 hour a day to breastfeed, and the employer also may not assign you overtime or night shifts. A violation of that is fined 1000 to 5000 yuan per person. How to claim is in Section 19.
- Cost
- It costs nothing.
- Benefit
- The State Council provides: "An employer may not, because a female employee is pregnant, gives birth, or is breastfeeding, reduce her wages, dismiss her, or end her labor or employment contract." During these 3 periods the employer cannot pay you less, and cannot dismiss you or end the contract. While you are breastfeeding an infant under 1 year old, you have 1 hour of breastfeeding time each day. The employer also may not extend your working hours or assign a night shift. Overtime or a night shift during breastfeeding is fined not less than 1000 yuan and not more than 5000 yuan per person. For a pay cut or a dismissal, this regulation sets no fine. Someone dismissed illegally goes to labor arbitration and asks to be reinstated or paid compensation.
- Notes
- If you are in fact dismissed illegally, the path for a claim is in Section 19. The evidence that matters is the written notice of a transfer or a pay cut, and the chat record. Keep both.
Sources · 1
- 国务院 (2012). 女职工劳动保护特别规定（国令第 619 号，第五条、第九条、第十三条）. gov.cn/zhengce/zhengceku/2012-05/07/content_6…