In the case of wrongful dismissal, the company can resign the employee who is on maternity leave, for example, the employee seriously violates the company's rules and regulations; However, the company shall not dismiss or dismiss an employee on maternity leave if there is no major fault.
Legal objectivity:
Article 36 of the Labor Contract Law of People's Republic of China (PRC), the employer and the employee may terminate the labor contract through consultation. Article 39 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employer may terminate the labor contract: (1) The employee is proved to be unqualified for employment during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; Article 42 of the Labor Contract Law of People's Republic of China (PRC), the employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law: (4) The female employee is pregnant, giving birth or breastfeeding; (5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age; (6) Other circumstances stipulated by laws and administrative regulations.