A court case involving a Chinese woman who was fired after announcing her pregnancy shortly after her probation period has become trending on Chinese social media.
The woman, referred to as Lili (莉莉, pseudonym), began working for the company in April 2023, signing a labor contract that was set to run until July 2026, with a three-month probation period.
However, after the probation period had ended, Lili unexpectedly received a termination letter citing “failure to meet probationary standards” and “unsatisfactory performance” as reasons for her dismissal. Just days before, Lili had informed her manager that she was pregnant. Believing the termination was unfair, Lili contested the decision.
The dispute first went to a labor arbitration board, which ruled in Lili’s favor. Unsatisfied, the company then escalated the case to court. Recently, a local court in Suzhou reviewed the case and found that the termination of Lili’s contract lacked legal grounds, as the company failed to provide sufficient evidence that her work was unsatisfactory. The notice of termination was also issued after the probation period had ended.
Although the company appealed the court’s decision to reinstate Lili’s employment, a second court also rejected the appeal, upholding the original ruling.
According to Chinese labor law, employers can only terminate employees during the probation period on valid grounds, such as failing to meet job requirements. The burden of proof lies with the company. Terminating an employee after the probation period is much more challenging (see: China Briefing), and certainly cannot be done because a female worker is pregnant.
However, there is often a gap between what the law states and how it is implemented in practice.
“If you get pregnant, you will take maternity leave, then I will certainly hire others, and you will be replaced”
Since the two-child policy went into effect in 2016, pregnancy-related discrimination has become more prevalent.
In 2021, Yaqiu Wang of Human Rights Watch authored a report titled “”Take Maternity Leave and You’ll be Replaced”: China’s Two-child Policy and Workplace Gender Discrimination” (link), which found widespread discrimination against pregnant women in the workplace.
The national policy for maternity leave in China is 98 days, including a period of 15 days before the birth.
According to women surveyed by various Chinese companies and women’s groups, women in China are often demoted, sidelined, or fired after becoming pregnant. Companies use discriminatory job ads favoring men or women who have already had children, or ask prospective female employees intrusive questions about their marital and childbearing status during job interviews. Some are even forced to sign contracts promising not to get pregnant during certain periods.
One human resources staff member reportedly told a female interviewee during a job interview in September 2020: “After you get married, you don’t have the final say about whether you have a child or not..If you get pregnant, you will take maternity leave, then I will certainly hire others, and you will be replaced.”
“Being overly clever and taking advantage of the situation may benefit one person, but it ends up harming everyone else.”
Despite the existing laws designed to protect women’s rights in the workplace, companies often find ways to avoid paying for maternity leave, or they simply choose not to hire female workers at all (also read: Pregnancy Discrimination in the Workplace by Ruixin Zhang).
Pregnant employees and working mothers sometimes also face harassment in the workplace, as some companies hope to push them to resign by making their work life unbearable. In Chinese, this kind of ‘maternity harassment’ is referred to as “chuān xiǎo xié” (穿小鞋), which literally means giving someone tight shoes to wear, making them uncomfortable.
With low fertility rates and a rapidly aging population, boosting birthrates has become a priority for Chinese authorities. While experts explore ways to encourage couples to have (more) children earlier, combating pregnancy discrimination in the workplace is more critical than ever.
In recent years, it is evident that Chinese official media have increased awareness about the illegality of terminating female employees due to pregnancy.
However, Lili’s story has not garnered much sympathy on social media.
While most commenters acknowledge that the woman is legally in the right and that the company was at fault, they still feel that the situation is unfair and does not help improve the position of women in the workforce.
Lawyer Zhuang Zhiming (庄志明) mostly highlighted the viewpoint of the company, and wrote on Weibo: “For the company, hearing about the pregnancy right after the probation period can feel like a thunderbolt—it’s nothing to be happy about and might even leave them feeling deceived. While childbirth is a citizen’s right, so is the right to work, and the right to work requires mutual effort. You choose the company, and the company chooses you. If the collaboration starts off on the wrong foot, even if the employee wins the lawsuit, the company can still terminate the contract once it expires.”
Another commenter on Weibo blamed ‘Lili’ for exploiting the rules: “This is not about not not providing a good working environment for women. It’s about her as a person. Her plan was to abuse the system and get paid during her maternity leave without contributing. That’s the problem. It’s not about sympathizing with the boss either. If it happened to you, you’d understand and be reasonable about it.”
One Weibo user even shared how her father, who runs a business, has become more cautious in monitoring the behavior of female workers during their probation period to see if they might be pregnant. Instead of condemning these practices, many believe that people like Lili are to blame, as they don’t expect female employees to become pregnant within the first year of their new position.
Other commenters also blame Lili for taking this route only for her own good, as it does not help improve the position of women in the workplace at all: “‘Little schemes’ and ‘clever tricks’ [like this] will only dig more holes in the path of other women. Mutual respect is what really matters; being overly clever and taking advantage of the situation may benefit one person, but it ends up harming everyone else.”
By Manya Koetse
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Hashtag / Relevant Vocabulary
◼︎ #怀孕员工试用期结束被辞公司被判违法# Huáiyùn yuángōng shìyòngqī jiéshù bèi cí gōngsī bèi pàn wéifǎ
“Pregnant Worker Fired After Probation Period, Company Ruled to be In the Wrong”
◼︎ ##女子试用期刚过宣布怀孕被解聘## Nǚzǐ shìyòngqī gāng guò xuānbù huáiyùn bèi jiěpìn
“Woman Fired After Announcing Pregnancy Right After Probation”
◼︎ 产假 Chǎn jià
Maternity leave
◼︎ 试用期 Shìyòngqī
Probationary period
◼︎ 穿小鞋 Chuān xiǎo xié
Giving someone tight shoes to wear; making things hard for someone by abusing one’s power
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sunsetlover
February 13, 2017 at 10:11 pm
Weibo users are shocked, as always. Instead of blaming parents, school (!), or even the bar itself, how about blaming the patrons of these bars (i.e. Chinese society and what it has become) who really “appreciate” under-age girls for example.
tooyoungtoparty
February 22, 2017 at 1:02 pm
Really? Its been common knowledge of underage kids frequenting the clubs in Shanghai… if you want a real story go to Pheobe. It’s basically a highschool.