Working in a private company Does the labor law stipulate maternity leave?

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.

Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.

Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.

Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.

Sixth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Labor law stipulates that maternity leave is usually 90 days.

First of all, female employees must have maternity leave when they are pregnant, giving birth and breastfeeding, regardless of the nature of the enterprise.

The specific duration of maternity leave varies from place to place, but generally: 90 days + 30 days (late childbearing) + 15 days (dystocia) + 15 days (for each additional baby born to multiple births).

There are regulations. Law of the People's Republic of China on the Protection of Women's Rights and Interests

Population and Family Planning Law of the People's Republic of China.

Provisions on labor protection for female employees.

Notice on Several Issues Concerning the Maternity Benefits of Female Employees.

Legal analysis

Maternity leave is a leave right granted by law to female workers who give birth, and female employees are entitled to maternity leave benefits in accordance with the law, and the employer shall not deprive them of it. However, during maternity leave, due to work needs, I can return to work early if I voluntarily return to work. If a female employee voluntarily goes to work early, it is not that the employer deprives her of her right to leave, but that she disposes of her rights and complies with the law.

Legal basis

Labor Law of the People's Republic of China Article 29 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. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Sick or injured within the prescribed medical treatment period;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws and administrative regulations.

Article 18 of the Civil Code of the People's Republic of China: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.

Minors over the age of 16 who rely on their own labor income as their main livelihood** are regarded as persons with full capacity for civil conduct.

Legal analysis: According to the relevant provisions of China's labor law and labor contract law, private enterprises are also the objects of adjustment of the labor law and labor contract law, and should give employees maternity leave according to the regulations.

Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 25 Couples who give birth to children in accordance with the provisions of laws and regulations may receive incentives or other benefits for extended maternity leave.

Special Provisions on Labor Protection for Female Employees》 Article 7 Female employees are entitled to 98 days of maternity leave after giving birth, of which 15 days may be taken before childbirth; In case of dystocia, the maternity leave shall be increased by 15 days; In the case of multiple births, the maternity leave may be increased by 15 days for each additional child. If a female employee is less than 4 months pregnant, 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.

Social Insurance Law of the People's Republic of China

Article 53 Employees shall participate in maternity insurance, and the employer shall pay the maternity insurance premiums in accordance with the provisions of the State, and the employees shall not pay the maternity insurance premiums.

Article 54 Where an employer has already paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; The unemployed spouse of an employee shall be entitled to maternity medical expenses in accordance with the provisions of the state. The required funds are paid out of maternity insurance**. Maternity insurance benefits include maternity medical expenses and maternity allowances.

Article 55 Maternity medical expenses include the following:

1) Medical expenses for childbirth;

2) Medical expenses for family planning;

3) Other project expenses as provided for by laws and regulations.

Article 56 Under any of the following circumstances, employees may enjoy maternity allowance in accordance with the provisions of the State:

1) Female employees are entitled to maternity leave when they give birth;

2) Take leave for family planning surgery;

3) Other circumstances provided for by laws and regulations.

The maternity allowance shall be calculated and paid according to the average monthly salary of the employee in the previous year.

Legal analysis: not approving maternity leave is a violation of the labor law, first of all, the unit can be negotiated, and if the negotiation fails, it can be through labor arbitration or litigation. Labor arbitration and arbitration refers to the mediation and adjudication of labor disputes applied for arbitration by the labor dispute arbitration commission.

Legal basis: Article 2 of the Law on Labor Dispute Mediation and Arbitration of Labor Disputes These rules apply to the arbitration of the following disputes: disputes arising from the confirmation of labor relations, the conclusion, performance, modification, dissolution and termination of labor contracts, working hours, rest and vacation, etc., between enterprises, individual economic organizations, private non-enterprise units and other organizations and workers, as well as between government agencies, institutions and social organizations and workers who have established labor relations.

Article 62 of the Labor Law Female employees are entitled to maternity leave of not less than 90 days after giving birth.

Legal analysis: Private enterprises are also subject to the adjustment of the Labor Law and the Labor Contract Law, and shall be granted maternity leave in accordance with national laws and regulations. Female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before childbirth; in case of dystocia, the maternity leave shall be increased by 15 days; In the case of multiple crypt births, the maternity leave shall be increased by 15 days for each additional child.

If maternity leave is not granted in accordance with the law, it may apply for labor arbitration.

Legal basis: Special Provisions on Labor Protection of Female Employees Article 7 Female employees are entitled to 98 days of maternity leave after giving birth, of which 15 days may be taken before childbirth; 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.