The answer is no.

The Article 27 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests prohibits any employer from reducing a female employee's wages, dismissing her, or unilaterally terminating her employment contract due to marriage, pregnancy, maternity leave or breastfeeding.

Similarly, the Labor Contract Law of the People’s Republic of China stipulates in Article 42 that an employer cannot terminate a female employee's contract during her pregnancy, maternity leave, or the breastfeeding period for conditions outlined in Article 40 and Article 41.

Moreover, the Labor Contract Law stipulates that if an employer unlawfully terminates the contract of a female employee, the employer must compensate her with twice the standard financial compensation specified in Article 47.

What labor protections do pregnant employees enjoy?

According to the Special Provisions on Labor Protection for Female Employees, if a pregnant employee is unable to perform her original duties, the employer shall reduce her workload or assign her to other suitable tasks, based on a medical certificate.

For employees who are in their seventh month of pregnancy or later, employers are prohibited from extending their working hours or assigning night shifts.

Employers must ensure that pregnant employees receive adequate rest during working hours.

Additionally, time off for prenatal checkups is considered paid working time.

How many days of maternity leave are female employees entitled to?

Female employees are granted 98 days of maternity leave, including 15 days of leave before childbirth, according to the Special Provisions on Labor Protection for Female Employees. If the labor is difficult, the mother is given an additional 15 days; and in the case of multiple births, an additional 15 days are added for each additional child.

In the event of a miscarriage, the employee is entitled to maternity leave as well. If the miscarriage occurs before the fourth month of pregnancy, the employee is entitled to a 15-day leave. If the miscarriage happens after the fourth month, the employee is entitled to 42 days of leave.

Furthermore, under the Regulations of Shanghai Municipality on Population and Family Planning, female employees who give birth are entitled to an additional 60 days of maternity leave – on top of the 98 days mandated by the national regulations – for a total leave of 158 days.

Source: Official WeChat account of the Ministry of Human Resources and Social Security