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Fired After Pregnancy Announcement: Court Case Involving Pregnant Employee Sparks Online Debate

Most commenters agree she is legally right but feel the situation is unfair and doesn’t help women’s position in the workforce.

Manya Koetse

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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
(follow on X, LinkedIn, or Instagram)

 

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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©2024 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

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Manya is the founder and editor-in-chief of What's on Weibo, offering independent analysis of social trends, online media, and digital culture in China for over a decade. Subscribe to gain access to content, including the Weibo Watch newsletter, which provides deeper insights into the China trends that matter. More about Manya at manyakoetse.com or follow on X.

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1 Comment

1 Comment

  1. 泰丽

    August 29, 2024 at 3:53 pm

    What a horrible scam this company tried to play on Lili and what horrible netizens condemning her. Why assume the worst? The government wants people to have children, but are doing nothing to support them, and it’s preposterous. If the Chinese government doesn’t look out and actually start taking steps to make life more equitable for women, they’re going to see their population dropping like a stone.

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China Insight

Story of Chinese Female MA Graduate Going Missing for 13 Years Sparks Online Storm

The story of the Chinese MA graduate, Ms. Bu, who disappeared in 2011 brings back memories of the Xuzhou mother of eight, who was later revealed to be a victim of human trafficking.

Manya Koetse

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Once a promising Master’s graduate in Engineering, Ms. Bu went missing for 13.5 years. Her return marks the end of her family’s long search, but it is the beginning of an online movement. Chinese netizens are not only demanding answers about how she could have remained missing for so long but also want clarity about the puzzling inconsistencies in her story.

Over the past few days, Chinese social media users have been actively spreading awareness about a case involving a Chinese woman who they suspect became a victim of human trafficking.

Netizens trying to draw attention to this story used the hashtag “Female MA Graduate Becomes a Victim of Human Trafficking” (#女硕士被拐卖#). Between December 6 and December 10, the hashtag garnered 150 million views on Weibo.

The case centers on a Chinese female Master’s graduate from Yuxi District in Shanxi Province’s Jinzhong, who went missing for over thirteen years. Now reunited with her family, netizens are demanding clarity and answers about how she could have disappeared for so long.

This case, which has sparked emotional and outraged responses online, brings back memories of another incident that became a landmark moment for online feminism in China: the case of the Xuzhou mother of eight children, who was discovered chained in a shed next to her family home. Her husband was later sentenced to nine years in prison for his role in her human trafficking.

 
A Niece’s Search into the Origins of Her Mysterious Aunt
 

The online movement to raise awareness about this case began well before it gained traction on December 6. It all started when a young woman named Zhang (张) from He Shun County (和顺县) contacted a volunteer group dedicated to reuniting missing individuals. On November 25 of this year, Zhang sought their help in tracking down the family of her somewhat mysterious “aunt.”

According to Zhang, her aunt—who suffered from mental illness—had been living with her uncle for over a decade. Despite this long history, the family knew almost nothing about her past. Wanting to know more, Zhang reached out to the group in hopes of learning about her aunt’s origins.

Zhang claimed that her “aunt” had wandered into their family home one day fifteen years ago. Although they reportedly informed the police, no action was taken, and they allegedly decided to “take her in.” After about two years, she ended up living with Zhang’s uncle, with whom she had two children.

When volunteers visited the family home, they found that the “aunt” was literate and appeared to be well-educated. As reported by the popular WeChat account Xinwenge (December 4 article), the volunteers gradually guided the woman into revealing her name, her family members’ names, and the university she attended.

After passing this information to the police, they confirmed her identity as ‘Ms. Bu’ (卜女士), a missing person from Jinzhong’s Yuxi, about a 2.5-hour drive from He Shun County.

On November 30, Ms. Bu finally returned home, where her 75-year-old father had prepared a welcome banner for her. She was accompanied by her “husband” and their two children, a 12-year-old son and an 8-year-old daughter.

A banner in Jinzhong’s Yuxi: “Welcome home, daughter.”

Although Bu initially did not seem to recognize her father, Chinese media reported that she eventually smiled when he brought out her glasses, which she had worn as a student.

 
From Doctorate Pursuit to Disappearance
 

Ms. Bu was born in 1979. As a bright young woman, she graduated high school, attended college, and earned her master’s degree in engineering in 2008. Bu planned to pursue a doctorate afterward. However, due to not renewing her ID card in time, she failed to register for her doctoral exam.

This caused severe stress, and she subsequently developed schizophrenia. Her brother recalled that it was not the first time she had struggled with mental health issues—she had undergone various treatments at multiple hospitals for mental illness between 2008 and 2011.

At the time, Bu reportedly received medical treatment. While recovering at home after being discharged, the then 32-year-old Bu suddenly disappeared in May 2011. Although she was reported as a missing person, her family did not hear from her for over 13 years.

But this is where the questions arise. According to Ms. Zhang, her “aunt” had first walked into their home fifteen years ago, which is impossible since Bu did not go missing until May 2011.

Other aspects of Bu’s disappearance also raise questions. How did she end up in He Shun County? Why did the Zhang family not seek help all these years? And how was she able to have two children with her “husband” despite her fragile mental state?

 
Authorities Get Involved
 

While the story of Ms. Bu has received considerable online attention over the past few days, a joint investigation team was set up in Shanxi’s He Shun County to investigate the case. While investigations are still ongoing, new reports suggest that, after her disappearance in May 2011, Bu spent some time wandering alone in multiple nearby villages for over ten days in July and August of that year, exhibiting signs of mental illness.

She was later taken in by Mr. Zhang, a 45-year-old villager, who is now the target of an active criminal investigation. Zhang was aware of Ms. Bu’s mental condition yet engaged in relations with her, resulting in children.

Bu has now been hospitalized for treatment, and authorities are providing support to her children. It is unclear if they will remain with their father—custody arrangements will be determined based on the outcome of the case.

On social media, interest in the case is only growing. On Tuesday, a Xinhua post detailing the latest updates on the case received over 433,000 likes and 44,000 shares shortly after it was posted.

Despite the official updates, questions continue to surround the case of Ms. Bu, nicknamed ‘Hua Hua’ (花花). Given that her mental illness was apparent to so many, why did local authorities fail to intervene earlier? Particularly during the strict social controls and widespread testing of China’s ‘zero-Covid’ era, it is hard to believe that local authorities were unaware of her existence and her mental state. These criticisms and questions are flooding social media and growing louder as more details about her past emerge.

Ms. Zhang, the family niece, further revealed in a livestream that ‘Hua Hua,’ who was reportedly sleeping under a bridge before being taken in by the Zhang family, actually had more than two children. However, as of the time of writing, the fate of these additional children remains unclear.

This case also brings back memories of the Xuzhou mother of eight, another victim of mental illness who was nonetheless “married” to her “husband” and gave birth to eight children. Her story sparked a massive online outcry over how local authorities were complicit in enabling such abuses.

“From the Xuzhou chained woman to the missing Ms. Bu, these women’s tragedies cannot remain incomplete stories,” author Ma Ning (麻宁) wrote on Weibo. “Women are not commodities for marriage and reproduction (…) Let’s continue to follow this case, not just to seek justice for Ms. Bu but also to protect ourselves.”

By Manya Koetse, with contributions by Miranda Barnes
(follow on X, LinkedIn, or Instagram)

Spotted a mistake or want to add something? Please let us know in comments below or email us. First-time commenters, please be patient – we will have to manually approve your comment before it appears.

©2024 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

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Chinese Movies

Why Chinese Hit Movie “Her Story” is ‘Good Stuff’: Stirring Controversy and Celebrating Female Perspectives

China’s end-of-year movie hit, Her Story, is sparking debates and highlighting the rising influence of Chinese female directors.

Wendy Huang

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The Chinese comedy-drama Her Story (好东西, literally “Good Stuff”), directed by Shao Yihui (邵艺辉), has been gaining attention and sparking discussions on Weibo since its late November release in mainland China.

The film features an all-star cast including Song Jia (宋佳), Zhong Chuxi (钟楚曦), Zeng Mumei (曾慕梅), Zhao Youting (赵又廷), and Zhang Yu (章宇). It tells a quirky yet heartfelt story about two women: Wang Tiemei (王铁梅), a self-reliant single mom juggling life and work, and Xiao Ye (小叶), a free-spirited young woman navigating her chaotic relationships.

Their friendship begins when Xiao Ye starts babysitting Tiemei’s nine-year-old daughter, Wang Moli (王茉莉). Xiao Ye introduces her drummer friend, Xiao Ma (小马), to teach Moli how to play the drums, but Xiao Ma’s presence stirs jealousy in Tiemei’s unemployed ex-husband, who schemes to regain his place in the family. Blending humor with poignant insights, the film explores themes of imperfect love, friendship, and the messy process of rebuilding lives.

(“Her Story” poster and the director Shao Yihui)

The film also addresses a range of hot societal issues through dialogues woven into everyday interactions, touching on topics like menstruation stigma, sexual consent, feminism, and how family dynamics can impact personal development.

In just eight days, Her Story surpassed 300 million RMB ($41 million) at the Chinese box office (#好东西票房破3亿#). Two days later, on December 2, it exceeded 400 million RMB (#好东西票房破4亿#), and on December 7 news came out that it had surpassed the 500 million RMB ($68.7 million) mark at the box office.

The film also achieved an impressive 9.1/10 rating on Douban, a Chinese platform similar to IMDb, making it the highest-rated domestic film on Douban in 2024.

(“Her Story” on Douban)

Notably, 65.4% of voters awarded it five stars, while only 0.5% gave it one star.

 
Conflicting Views: From Feminist Film to Chick Flick
 

Despite its huge success, it is almost unavoidable for a movie this big to come without controversy. The film sparked debate on Hupu (虎扑), a platform focused on sports and men’s lifestyle, where it received a lower score of 5/10. While 33.1% of users gave it five stars, 58.4% rated it one star, reflecting divided opinions.

(“Her Story” on Hupu)

Much of the criticism comes from male viewers who feel the film undermines men by portraying them in non-traditional ways and omitting proper names for male characters, such as referring to the ex-husband only as “the ex-husband” (前夫). On the other hand, many female viewers resonate with the film’s female-centered perspective, with one scene blending household sounds and Xiao Ye’s recordings praised as a standout cinematic moment of 2024.

Interestingly, not all women appreciated the film either. A Weibo user, identified as a female scriptwriter for two Chinese TV dramas, emphasized that most of the producers of the film are male. She accused the director of hypocrisy, claiming Shao accepts money and resources from privileged men to create films that encourage female audiences to look down on average men.

She wrote, “I hope that everyone who believes in the ‘ghg’ [girl help girl] myth and supports female idols will also congratulate the male producers who will earn a lot of money from the film.”

Zhou Liming (周黎明), one of China’s most influential film critics, noted two extreme perspectives in film reviews. Some critics label the film as a “boxer film” (拳师电影) or an “extreme feminist film.”

However, the film itself suggests otherwise, as reflected in Moli’s line, “I don’t want to box,” when her father tries to convince her to take up boxing. Some audiences interpreted the line as rejecting extreme feminist messages.

In China, the term “boxer” (拳师) is used to critique certain feminists. The second character in the word for feminists (“权” [quán] in 女权主义者) is pronounced the same as the first character in “boxer” (“拳” [quán] in 拳师). This term often mocks behaviors seen as overly aggressive or lacking nuance in feminist discourse, such as avoiding dialogue or oversimplifying social issues.

Some also dismissed the film as a “chick flick,” a casual term for romantic comedies, which Zhou argued unfairly minimizes its significance. He likened the film to Woody Allen’s Annie Hall, suggesting that, much like Allen’s work, Her Story transcends gender differences and reflects the cultural zeitgeist of its time.

Despite the controversy, the film has been praised by notable figures like actor Zhang Ruoyun (张若昀), who called it “super good, super awesome, and super cute” (“超级好、超级牛、超级可爱的东西”). Zhang described the movie as tackling absurd yet realistic issues from a female perspective with humor and depth.

 
The Increasing Influence of Female Directors in China
 

At the end of Her Story, Tiemei’s daughter, Moli, nervously prepares for her first drum performance. Despite her hesitation, she gathers her courage and steps on stage. This moment reminded some viewers of a similar scene in another female-directed film this year, YOLO (麻辣滚烫), where the protagonist gears up for a boxing match.

YOLO is a 2024 comedy-drama directed by Jia Ling (贾玲), starring Jia Ling and Lei Jiayin (雷佳音). A comedic adaptation of the Japanese film 100 Yen Love (2014), it tells the story of Du Leying (杜乐莹), a woman facing personal struggles who turns to boxing after meeting coach Hao Kun (昊坤). Through her journey, she finds a new direction in life after their breakup. Grossing USD 496 million worldwide, YOLO became the highest-grossing Chinese film of 2024.

These parallels between Her Story and YOLO highlight a broader trend: the growing prominence of female directors in Chinese cinema. Beyond the discussions of plot and central themes, Her Story reflects the increasing success and influence of women filmmakers in the industry.

In 2024, female directors have made a notable impact on Chinese cinema, with their films achieving both critical acclaim and box office success. Their works also spark conversations about the need for more diverse perspectives in the industry.

(“The Last Frenzy” poster and the director Wu Rina)

The Last Frenzy (末路狂花钱), directed by Wu Rina (乌日娜), premiered on May 1. This comedy follows Jia Youwei (贾有为), a man diagnosed with a terminal illness, who decides to sell his assets and live fully with his friends. Despite mixed reviews and a Douban score of 5.9, the film grossed over 700 million RMB ($96 million) by May 31, becoming a major box office hit.

(“Stand By Me” poster and the director Yin Ruoxin)

Stand By Me (野孩子, literally “Wild Kids”), directed by Yin Ruoxin (殷若昕), premiered on September 13. Starring Wang Junkai (王俊凯), it tells the story of two neglected children, Ma Liang (马亮) and Xuan Xuan (轩轩), who form a makeshift family while facing life’s challenges. With a Douban rating of 6.7, the film grossed 241 million RMB by October 9.

(“Like A Rolling Stone” poster and the director Yin Lichuan)

Like A Rolling Stone (出走的决心, literally “The Determination to Leave”), directed by Yin Lichuan (尹丽川), premiered the same week as Stand By Me. Inspired by Su Min (苏敏), a 50-year-old woman who embarked on a solo road trip, the film explores themes of self-discovery and the struggles of neglected women. Featuring Yong Mei (咏梅), the film earned praise for its authenticity, achieving a Douban score of 8.8 and grossing over 123 million RMB.

To the Wonder (我的阿勒泰, literally “My Altay”), a film-like TV drama directed by Teng Congcong (滕丛丛), adapts Li Juan’s (李娟) memoir. Starring Ma Yili (马伊琍), it tells the story of Li Wenxiu (李文秀), a young woman finding her place in her hometown of Altay after setbacks in the big city. Known for its poetic storytelling and portrayal of ethnic harmony, the series has a Douban score of 8.9 from over 300,000 ratings, ranking among the top dramas of 2024.

 
“An Era Where Women Are Being Seen”
 

The growing influence of female directors has sparked discussions about how women’s perspectives are challenging traditional storytelling.

Some Weibo users compared a scene from Her Story, where Tiemei scolds a man for urinating roadside, to a similar moments in YOLO. In YOLO, Hao Kun’s attempt to urinate roadside is humorously interrupted by car headlights. Such scenes highlight how female directors reinterpret everyday behaviors, inviting audiences to question societal norms.

Her Story has already been released in several countries, including the United States, Australia, Germany, and the United Kingdom, with more international releases to follow.

The success of Her Story, the conversations it inspires, and its contribution to highlighting female perspectives in film reflect the evolving dynamics of contemporary cinema and the strengthening of female voices in traditionally male-dominated industries.

On Weibo, many view this as a positive development. One commenter wrote:

Her Story [好东西/”Good Stuff”] is truly ‘good stuff.’ (..) At the start of this year, I watched YOLO, and at the end of this year, I watched Her Story. Suddenly, I feel very grateful to live in this era—the era where women are gradually being ‘seen.’ Both films hold very special meaning for me. It feels like everything has come together perfectly. I hope to see more outstanding works from female directors in the future, and I look forward to an era where there’s no gender opposition, only mutual equality.”

By Wendy Huang

Edited for clarity by Manya Koetse

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