1. What is the maternity allowance compensation for dismissed pregnant women?
The maternity allowance for female employees during maternity leave, for those who have participated in maternity insurance, is based on the employer’s average monthly salary of employees in the previous year. The standard is paid by the maternity insurance fund; for those who have not participated in maternity insurance, the employer will pay the standard of the female employee’s salary before maternity leave.
Article 26 of the "Law on the Protection of Women's Rights and Interests" stipulates that no unit may dismiss female employees or unilaterally terminate labor contracts on the grounds of marriage, pregnancy, maternity leave, breastfeeding, etc.
1. If the employer terminates the labor contract without reason, it must pay double economic compensation.
The employer and the employee can terminate the labor contract through consensus.
If an employee has any of the following circumstances, the employer shall not terminate the labor contract in accordance with the regulations: the female employee is pregnant, giving birth or breastfeeding;
The employer violates the provisions of this law If a labor contract is terminated or terminated, compensation shall be paid to the employee at twice the prescribed economic compensation standard.
2. If an employer dismisses a pregnant employee before maternity leave, the employer shall pay maternity leave wages: 128 days of maternity leave multiplied by the allowance or salary;
The employer shall not reduce the salary of a female employee due to pregnancy, childbirth, or breastfeeding. their wages, dismissal, or termination of their labor or employment contracts.
Female employees are entitled to 98 days of maternity leave when giving birth, of which 15 days are allowed before childbirth; in the case of difficult labor, an additional 15 days of maternity leave are provided; in the case of multiple births, 15 days of additional maternity leave are provided for each additional baby.
Maternity allowances for female employees during maternity leave, for those who have participated in maternity insurance, will be paid by the maternity insurance fund based on the employer’s average monthly salary of employees in the previous year; for those who have not participated in maternity insurance, the maternity allowance will be paid according to the maternity leave allowance for female employees. The standard salary is paid by the employer.
The medical expenses for childbirth or miscarriage of female employees shall be paid by the maternity insurance fund in accordance with the items and standards stipulated in maternity insurance. For those who have participated in maternity insurance, they shall be paid by the maternity insurance fund; for those who have not participated in maternity insurance, they shall be paid by the employer.
Except for stipulated circumstances, the employer shall not terminate the labor contract when the labor contract expires during the medical period, pregnancy, childbirth and lactation period. The term of the labor contract shall automatically extend until the expiration of the medical period, pregnancy period, childbirth period and lactation period.
3. Pay back the corresponding social insurance
Employees should participate in pension insurance, and the employer and employee *** shall pay the basic pension insurance premiums together.
If the employer fails to pay social insurance premiums for the employee in accordance with the law, the employee may terminate the labor contract.
If the employee terminates the labor contract because the employer fails to pay social insurance premiums, the employer shall pay economic compensation to the employee.
2. Will I be compensated if I am fired while pregnant before marriage?
If a female employee is pregnant, giving birth or breastfeeding, the employer shall not terminate the labor contract with her. It can be seen that for the protection of female employees during pregnancy, laws and regulations do not distinguish between "pregnancy in compliance with the family planning policy" and "pregnancy in violation of the family planning policy". The purpose of the legislation is to protect the rights and interests of women and fetuses. Therefore, although women If an employee becomes pregnant out of wedlock, she should also be protected by the Labor Law and other laws and regulations.
Our country’s national family planning regulations and policies clearly prohibit pregnancy and childbirth while living together illegally, but this only shows that one should be punished for violating these regulations, such as paying social support fees, etc., and does not mean that illegal cohabitation is prohibited. It violates the "Labor Law" and other relevant laws and regulations. In other words, different laws should not be confused when applied due to the different scope and objects of adjustment.
Pregnant women cannot be fired during pregnancy. If a company illegally fires pregnant women, they need to compensate the pregnant women. The maternity allowance for laid-off pregnant women is usually paid by the maternity insurance agency based on the pregnant woman's average monthly salary. However, if the company does not buy this insurance for pregnant women at all, then the company must pay compensation to the pregnant woman out of its own unit's finances. .