Compensation criteria for dismissing pregnant women

During pregnancy, it is a process that every woman becomes a mother. During pregnancy, it may have a certain impact on women’s work and life. Therefore, some employers will dismiss pregnant women.Is it expensive? Let ’s take a look at the following editors of Wanbang Legal Affairs.

1. Does the removal of maternity costs for pregnant women?

If the employee is pregnant, the employer shall not terminate the labor contract. If the unit lifts the labor contract, it shall double the economic compensation. In addition, the fertility allowances and fees should be paid.The consumer unit has paid a maternity insurance fund payment for maternity insurance.

Economic compensation is paid to the workers according to the standards of workers’ working years in their own units.If it is less than one year for more than six months, it is calculated in one year; if it is less than six months, the economic compensation of the workers pays half a month of salary.Monthly salary refers to the average salary of workers in the termination of the labor contract or termination of twelve months before the termination of the labor contract.

1. If the unit lifts the labor contract for no reason, it shall pay double economic compensation, that is, pay the workers to pay the workers according to the standards of working in the unit and pay a two -month salary each year.If it is less than one year for more than six months, it is calculated in one year; if it is less than six months, the workers pay a monthly salary compensation.

2. The unit’s dismissal of pregnancy workers before giving birth, paying maternity leave salary: = 128 days of maternity leave × allowance or salary

The medical expenses of fertility or miscarriage in female employees, in accordance with the projects and standards stipulated in maternity insurance, are paid by the maternity insurance fund that have participated in maternity insurance; those who have not participated in maternity insurance shall be paid by the employer.

2. Can the company dismiss pregnant women

1. Article 29 of the Labor Law stipulates that female employees shall not terminate the labor contract in accordance with the provisions of Article 26 and 27 of the Labor Law during pregnancy, delivery and lactation.

2. Article 25 stipulates that if it is proved to be proven to fail to meet the hiring conditions during the trial period, the employer may terminate the labor contract;

3. Article 4 of the "Provisions on the Protection of Female Workers" stipulates that the labor contract shall not be resolved on the grounds of pregnancy, fertility and breastfeeding by female employees; on July 18, 1990, the General Office of the Ministry of LaborThe instructions for the issue of the period of termination and breastfeeding, and the termination of the labor contract "to the Shanghai Labor Bureau, which stipulates that the female employees of the pregnancy, delivery, and lactation during pregnancy are found during the trial period stipulated in the contract., Can be dismissed.However, it is not possible to dismiss on the grounds that female employees are pregnant, maternity leave, and breastfeeding.In other words, during the trial period, female employees in pregnancy, birth, and lactation during the trial period, unless they can prove that they do not meet the hiring conditions, the employer shall not terminate the labor contract signed with it.

3. Resessing the compensation standard for removing pregnant women

1. When the workers do have serious vomiting, they can ask for sick leave. The labor leave issued by the doctor has a doctor’s leave and fulfilled the leave procedures for the employer.Article 87 The case of illegal termination stipulated shall pay compensation.The standard is my salary for 2 months per job, commonly known as 2N;

2. If the workers exist in the "Labor Contract Law", Article 39 of the Labor Contract Law, such as vomiting and failing to work, fail to perform the leave procedures, the employer proposes to terminate the labor relationship, does not need to pay any economic compensation, or it is not necessary to need to be requiredNotify the workers in advance; however, this requires the employer to verify and notify the workers in writing to terminate the labor relationship.

The above is the relevant issues such as the maternity costs of the Flame of Wanbang Legal Affairs and everyone about the compensation for maternity compensation for pregnant women. I hope to help everyone deepen the understanding and understanding of compensation for the dismissal of pregnant women.By understanding, we know that, first of all, the dismissal of pregnant women without justified reasons is not in line with the labor law. Secondly, employers should be more tolerant of pregnant women and to relieve the labor relationship with caution.

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