Article 29 of the Labor Law stipulates that an employer may not unilaterally terminate the labor contract with a female employee during her pregnancy. Even if the labor contract expires, the labor contract shall be postponed to one year after delivery before the labor contract can be terminated with the female employee, except that the female employee proposes to terminate the labor contract.

2. Labor intensity and protection of taboo labor.

Article 61 of the Labor Law of People's Republic of China (PRC) stipulates: "Female employees shall not be arranged to engage in the third-level physical labor intensity stipulated by the state during pregnancy or the labor that is forbidden during pregnancy. For female employees who have been pregnant for more than 7 months, they may not be arranged to extend their working hours and work at night. "

The so-called "night shift work" generally refers to the work or work from 22: 00 on the same day to 6: 00 on the next day. The scope of work prohibited for pregnant women workers:

(1) The concentration of toxic substances such as lead and its compounds, mercury and its compounds, benzene, cadmium, beryllium, arsenic, cyanide, nitrogen oxides, carbon monoxide, carbon disulfide, chlorine, caprolactam, chloroprene, vinyl chloride, ethylene oxide, aniline, formaldehyde, etc. in the air in the workplace exceeds the national hygiene standards;

(1) The pharmaceutical industry is engaged in the production of anticancer drugs and diethylstilbestrol;

(2) operations in which radioactive substances in the workplace exceed the prescribed dose of radiation protection;

(3) Manual earthwork;

(4) the third level physical labor intensity in the standard of "Classification of Physical Labor Intensity";

(five) operations accompanied by strong vibration of the whole body, such as pneumatic drill, tamping machine, forging, tractor driving, etc.;

(6) Work that requires frequent bending, crawling and squatting, such as welding;

(7) Working at heights specified in the classification standard for working at heights.

3. Take a rest or lighten the work appropriately.

Article 10 of the Regulations on the Health Care of Female Workers stipulates: "If you are pregnant for more than seven months, you should rest or reduce your labor appropriately."

The Measures of Shanghai Municipality for Female Workers has made some targeted provisions according to the different situations of pregnancy: female workers who have been pregnant for more than 7 months (calculated as 28 weeks) shall have a daily rest 1 hour and shall not arrange night work. If the work permits, I can take two and a half months' prenatal leave upon my application and the approval of my unit.

During pregnancy, the prenatal examination (including the initial examination of pregnancy 12 weeks) conducted by female employees within the working hours agreed by medical and health institutions shall be counted as working hours.

4, married pregnant workers taboo scope of work.

The Provisions on the Forbidden Labor Scope of Female Employees stipulates the forbidden labor scope of married pregnant female employees. Married pregnant female workers are not allowed to engage in workplaces such as lead, mercury, benzene, cadmium, etc., which belong to the third to fourth grades in the Classification Standard for Toxic Operations.

The Regulations on Health Care for Female Employees require that female employees who have had more than two spontaneous abortions and now have no children be temporarily transferred from their jobs that may directly or indirectly lead to abortion.

Extended data:

In the third phase, when the labor contract expires, the term of the contract shall continue until this situation disappears.

Xiao Chen is the customer service specialist of Sunshine Company, and both parties signed a written labor contract for two years, with the term from September 2065438 +0 1 to August 2065438 +0. 20 13 Xiao Chen was found to be pregnant for two months in May. On August 1 2065438, Sunshine Company sent a Notice of Termination of Labor Contract to Chen Xiao in written form, informing both parties that the labor contract would expire at the end of the month.

Later, Xiao Chen requested Sunshine Company to cancel the Notice of Dissolution of Labor Contract through legal procedures, and both parties continued to perform the labor contract. After hearing the case, the court decided to cancel the Notice of Dissolution of Labor Contract made by Sunshine Company on August 1 2065438, and Sunshine Company should continue to perform the labor contract with Xiao Chen.

The judge's explanation:

Article 45 of China's "Labor Contract Law" stipulates that if a female employee is pregnant, gives birth or breast-feeds, the labor contract shall continue until the corresponding situation disappears.

This provision effectively protects the rights and interests of female workers. The labor contract signed by Sunshine Company and Xiao Chen expired on August 3, 20654381,but Xiao Chen was still pregnant when the contract expired. Unless Xiao Chen personally requests to terminate the labor contract, Sunshine Company shall not terminate the labor contract with him.

Now Sunshine Company has sent Chen Xiao the Notice of Dissolution of Labor Contract, and Xiao Chen claims to cancel it, which has sufficient legal basis and should be supported.

Beijing court network-employers should fully protect the legitimate rights and interests of female employees in the third phase.

China Court Network-Do you know what special rights and interests of female employees in the third phase?