China's top court and the top regulator of human resources have reaffirmed the importance of safeguarding female employees during pregnancy, requiring employers to robustly uphold women's legitimate rights and interests.
On Wednesday, the Supreme People's Court and the Ministry of Human Resources and Social Security jointly disclosed five landmark labor-related cases, aiming to further regulate employer conduct and facilitate employees' lawful and rational rights protection.
In one particular case, a woman surnamed Zhao filed for arbitration after her employer, citing her pregnancy, adjusted her job position and reduced her salary. Zhao prevailed in the arbitration.
In January 2022, Zhao joined a technology company as an engineer with a basic monthly salary of 3,000 yuan ($409). According to the labor contract signed by both parties, when Zhao was involved in projects, her monthly income comprised the basic salary plus a 14,000-yuan subsidy, totaling 17,000 yuan. During the off-project waiting period, she would receive only the basic salary.
In February 2023, Zhao informed the company of her pregnancy. Without any communication or negotiation, the company unilaterally announced her withdrawal from the project team and subsequently paid her only the basic salary of 3,000 yuan per month, arguing that she was not assigned to any project.
Zhao objected to this decision but was unsuccessful. Consequently, she filed an arbitration application, demanding that her employer pay her the original monthly salary of 17,000 yuan.
Ultimately, the arbitration commission sided with Zhao.
The Supreme People's Court stressed that China's laws and regulations clearly prohibit employers from reducing wages and welfare benefits of female employees on the grounds of pregnancy.
"If a female employee is unable to adapt to her original job during pregnancy, the employer should, based on medical certification, reduce her workload or arrange other suitable jobs," the top court stated. "If a female employee can still handle her job during pregnancy, the employer should respect and protect her right to work."
In Zhao's case, the technology company's decision to remove her from the project team did not align with the agreed labor contract, nor did it include her consent. Furthermore, there was no medical certificate to prove that Zhao was unfit for her position, according to the top court.
"Therefore, the company's actions in adjusting Zhao's job position and cutting her salary violated legal regulations," the top court added.
While urging employers to enhance the protection of female employees' rights, particularly during pregnancy, the authorities also encouraged female employees to scientifically assess their physical conditions and communicate proactively with their employers to safeguard their own rights.
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