Relationships & familyIdea 3 · 2 min read

Pregnancy, childbirth and breastfeeding are not lawful reasons for a pay cut or dismissal

Grade A evidenceValue: Very high
In plain language

In China, an employer cannot cut an employee’s pay or dismiss her because she is pregnant, has given birth or is breastfeeding. The cited provisions include fines of RMB 1,000–5,000 per affected employee for specified violations. An employee breastfeeding a child under one is entitled to one hour during each working day, and may not be assigned overtime or night shifts. See Chapter 19 for the compensation process.

MoneyNo cost
TimeQuick and easy
EffortLittle effort

What it takes

No direct cost to knowing and asserting these rights.

What you may gain

The State Council’s provisions prohibit reducing wages, dismissal or termination of a labor or employment contract because of pregnancy, childbirth or breastfeeding. Employees breastfeeding infants under one must receive one hour of breastfeeding time during the working day, and may not be assigned extended hours or night work. The cited enforcement provisions specify fines of RMB 1,000 to RMB 5,000 per affected person for the covered breaches.

Context & considerations

If an unlawful dismissal occurs, follow the claims route in Chapter 19. Keep written notices about reassignment or pay cuts, along with relevant messages: these are particularly useful evidence.

Research & references

State Council of China (2012). Special Provisions on Labor Protection of Female Employees, Order No. 619, Articles 5, 9 and 13. https://www.gov.cn/zhengce/zhengceku/2012-05/07/content_6584.htm