China Affirms Protection of Pregnant Employees' Rights

The Supreme People's Court of China, along with the Ministry of Human Resources and Social Security, has reaffirmed the critical need to protect the rights of female employees during pregnancy. They announced five pivotal labor cases on Wednesday, which aim to reinforce the expectations of employers and ensure employees can defend their rights effectively.

A significant example highlighted in the announcements involved a woman surnamed Zhao, who sought arbitration after her employer reassigned her job duties and lowered her salary upon learning about her pregnancy. Zhao had initially joined a technology firm as an engineer, earning a base salary of 3,000 yuan ($409), supplemented by a project-related subsidy that raised her total monthly income to 17,000 yuan when she was actively involved in projects.

After Zhao notified her employer of her pregnancy in February 2023, the company swiftly removed her from her project team without prior discussion or negotiation, reducing her pay to the basic salary alone, claiming she was not working on any projects. This action prompted Zhao to protest, but when that failed, she proceeded with arbitration to reclaim her full salary.

The Supreme People's Court emphasized that labor laws in China explicitly forbid any wage alterations for female employees based on pregnancy. They noted that if a pregnant employee cannot continue in her role, employers should adjust her workload or assign her to a more suitable position, as verified by medical documentation. Conversely, if she is capable of continuing her work, her right to do so must be honored and protected.

In Zhao's scenario, the court determined that the company's decision to withdraw her from her project, along with the accompanying pay reduction, was in violation of the contractual agreement and lacked her consent. Moreover, no medical evidence existed to support the claim that Zhao was unfit to perform her job duties. The Supreme People's Court concluded that the employer's actions constituted a legal infringement and urged businesses to enhance the safeguards for female employees, especially during pregnancy. Additionally, employees were encouraged to assess their health conditions and communicate with their employers to protect their rights effectively.