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Article

8 Mar 2018

Author:
Ni Dandan, Sixth Tone (China)

China: Court rules in favour of employee in lawsuit over unfair dismissal due to pregnancy

"Pregnant Woman Was Fired Illegally, Beijing Court Rules", 8 Mar 2018

A Beijing court...ruled in favor of a woman who was fired...when she was pregnant.  The woman, surnamed Wang, knew she was expecting when she signed a three-year contract...with a Beijing investment consulting company...[S]he chose not to inform her new employer of her pregnancy...[T]hree months into her new job, Wang was demoted and had her salary lowered because she failed to find any new clients.  Eight days after that, the company fired Wang, saying she was unable to meet the demands of the job.  Wang filed a case with the labor arbitration office of the city’s Chaoyang District, which...ruled that her contract should be upheld...The company then took Wang to court, saying she had been fired for underperforming, not for being pregnant...[T]he Chaoyang District People’s Court ruled in favor of Wang...and upheld the arbitration result.  The judge...emphasized that employers cannot terminate the job contracts of women who are pregnant...The company...could not prove it had negotiated with Wang over adjusting the content of her work...