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If the employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract. This provision applies to all workers, including female workers who are pregnant.
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I am a staff member of the Shanghai Municipal Labor Bureau, and your questions: 1. First of all, let's not talk about your problems, but first look at some illegal aspects of the unit. A: The unit has only paid social security in recent years, so it is illegal not to pay it a few days ago
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It should be compensated, and it is not easy to compare it to pregnant women, so it is better to compensate.
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It is not easy for pregnant women and should be compensated by the employer.
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In this case, it is best to file a complaint with the Social Security Administration. Because the unit stopped insuring, the unit was illegal. In such a case, it is better to go to the Social Security Administration.
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If the labor relationship is suspected of being terminated in violation of the law, the employee may request the payment of compensation for illegal dismissal or apply for labor arbitration. China's law has special provisions for "three periods" of female employees, which refers to pregnancy, childbirth, and lactation. Article 27 of China's Law on the Protection of Rights and Interests of Women stipulates that no employer may reduce the wages of female employees, dismiss female employees, or unilaterally terminate labor (employment) contracts or service agreements due to marriage, pregnancy, maternity leave, breastfeeding, etc.
However, there is an exception for female employees who request the termination of labor contracts or service agreements.
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Hello! If a pregnant woman is overworked and her brain is in a state of high tension all the time, there will be insufficient blood supply, resulting in neuropathic headaches. It may also affect the oxygen of the fetus**, and if the fetal oxygen is insufficient** for a long time, it may affect the mental development of the fetus.
In addition, if a pregnant woman is overworked, it may also cause sore eyes. If a pregnant woman is overworked, it may also cause the pregnant woman to be unresponsive, inefficient, and inattentive, and may also lead to memory loss.
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The Labor Contract Law clearly stipulates that when a labor contract expires during the period of pregnancy, childbirth, or breastfeeding of a female employee, the employer shall not terminate the contract, but shall renew the original contract until the end of the one-year lactation period. It is illegal for a female employee to unilaterally dismiss a pregnant or lactating female employee, and the female employee may request the employer to continue to perform the contract, but if the employer is not required to continue to perform the contract, the employer shall pay you compensation according to your length of service in the employer, and pay you twice the economic compensation of your monthly salary according to your length of service for three years but less than three and a half years, that is, compensation for seven months' wages.
Article 29 of the Labor Law of the People's Republic of China An employer shall not terminate a labor contract in accordance with the provisions of Articles 26 and 27 of this Law if a worker falls under any of the following circumstances: 1) He suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost his or her ability to work; (2) Sick or injured within the prescribed period of medical treatment; (3) Female employees are pregnant, giving birth, or breastfeeding; (4) Other circumstances provided for by laws and administrative regulations.
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The law stipulates as follows: Article 6 If a female employee is unable to adapt to her original work during pregnancy, the employer shall, on the basis of the certificate of the medical institution, reduce the amount of work or arrange other work that can be adapted. For female employees who are more than 7 months pregnant, the employer shall not extend the working hours or arrange night shifts, and shall arrange a certain amount of rest time during the working hours.
Pregnant female employees undergo prenatal check-ups during working hours, and the time required is included in the working hours. Article 7: Female employees are entitled to 98 days of maternity leave after giving birth, of which 15 days may be taken before giving birth; in case of dystocia, the maternity leave shall be increased by 15 days; In the case of multiple births, the maternity leave shall be increased by 15 days for each additional child. If a female employee has a miscarriage before 4 months of pregnancy, she is entitled to 15 days of maternity leave; If the pregnancy is 4 months old and the miscarriage occurs, the employee is entitled to 42 days of maternity leave.
Article 8 The maternity allowance for female employees during their maternity leave shall be paid by maternity insurance in accordance with the standard of the average monthly wage of employees in the previous year for those who have already participated in maternity insurance; For those who have not participated in maternity insurance, the employer shall pay the salary of the female employee before the maternity leave. The medical expenses for childbirth or miscarriage of female employees shall be paid by the maternity insurance in accordance with the items and standards stipulated in the maternity insurance, and for those who have already participated in the maternity insurance**; For those who have not participated in maternity insurance, the employer shall pay for it. Article 9: Employers must not extend their working hours or arrange night shifts for female employees who are nursing infants under the age of one.
The employer shall arrange a 1-hour breastfeeding break for lactating female employees during their daily working hours; If a female employee gives birth to multiple babies, the breastfeeding time shall be increased by 1 hour per day for each additional baby breastfed. Article 10: Employers with a relatively large number of female employees shall, on the basis of the needs of female employees, establish facilities such as sanitary rooms, rest rooms for pregnant women, and nursing rooms for female employees, to properly resolve female employees' difficulties in physical hygiene and breastfeeding. Article 11: In the workplace, employers shall prevent and stop sexual harassment of female employees.
Article 12 The people's human resources and social security administrative departments at or above the county level and the production safety supervision and management departments shall be responsible for supervising and inspecting the employer's compliance with these provisions in accordance with their respective duties. Trade unions and women's organizations are to supervise employers' compliance with these Provisions in accordance with law. Article 13: Where an employer violates the provisions of the second paragraph of Article 6, Article 7, or the first paragraph of Article 9 of these Provisions, the department of the People's ** Human Resources and Social Security Administration Bureau at or above the county level shall order it to make corrections within a set period of time, and impose a fine in accordance with the standard of between 1,000 and 5,000 RMB per female employee who has been violated.
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