Legal Question in Medical Leave in China
maternity leave termination
I returned from my 12 weeks of maternity leave and the company is having cutbacks. I may be one of the resource let go - can they do this? I'm an expat working/living in China for a US firm based in Chicago.
Asked on 8/28/08, 5:01 am
1 Answer from Attorneys
lei mawei
Shaanxi Hebaohu Law Firm
Re: maternity leave termination
The conduct of the firm is illegal.As stipulated in Article 42 of the LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON EMPLOYMENT CONTRACTS,an employer may not terminate an employment contract if the employee is a female employee in her pregnancy,confinement or nursing period.
Any foreign company which do business within the mainland of China should subject to the laws and regulations of the PRC.
Answered on 8/28/08, 7:20 am
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