How to calculate compensation if the company fires an employee while breastfeeding?

If a lactating female employee is legally at fault, i.e., under Article 39 of the Labor Contract Law, the employer may unilaterally terminate the labor contract without paying severance compensation.

If the lactating female employee is not legally at fault, and the employer terminates the labor contract with a SLR, it is an illegal termination, and the compensation shall be paid: twice the economic compensation. Severance Payment:

It is calculated according to the number of years the worker has worked in the employer. One month's salary is paid for each full year. if it is more than six months but less than one year, one month shall be paid; If it is less than six months, half a month shall be paid.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

How to compensate for dismissal during breastfeeding?

Legal analysis: If the company dismisses the employee while the employee is breastfeeding, it should compensate the employee for the relevant losses. First of all, the employee will be given a compensation for the illegal termination of the labor relationship; Secondly, employees should be paid during pregnancy, childbirth, and breastfeeding.

Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or a suspected occupational disease patient is in a period of slow diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

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

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and regulations on administrative stimuliness.

The employee's working years are multiplied by the average salary of the employee in the 12 months before leaving the company. Secondly, employees should be paid during pregnancy, childbirth, and breastfeeding.

Legal basis: Labor Contract Law of the People's Republic of China

Article 42 The employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the worker clearly makes the spring under any of the following circumstances:

1) Workers engaged in operations that expose them to occupational disease hazards have not undergone a pre-departure stress occupational health examination, or are suspected of being a patient with an occupational disease during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

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

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

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

If a lactating female employee is not legally at fault, and the employer terminates the labor contract with a SLR, it is an illegal termination and compensation shall be paid. If a lactating female employee is legally at fault, the employer may unilaterally terminate the employment contract without paying severance payments.

1. How much is the compensation for dismissal of employees during pregnancy and dismantling of beams?

If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law of the People's Republic of China, even if she is pregnant, she can be dismissed and does not need to pay economic compensation. In the event that the employee is pregnant, as long as the employee does not have any of the circumstances under Article 39 of the Labor Contract Law of the People's Republic of China (due to the fault of the employee), the termination of the labor contract by the employer is an illegal termination, and the employee may request the employer to pay compensation.

2. How to compensate for the dismissal of lactating female workers.

The compensation for dismissal of lactating female workers is as follows:

1. If the employer dismisses a lactating employee in violation of regulations and needs to pay twice the severance payment, the severance will also be calculated based on the salary of the person concerned in the 12 months before the dismissal and the number of years of service in the company;

2. If the employer dismisses the lactating employee in violation of the rules and does not need severance payment, it can also be resolved through labor arbitration.

Whether the unit can dismiss a lactating female worker depends on the situation, and the analysis is as follows:

1. If a female employee is pregnant, giving birth, or breastfeeding, the employer shall generally not terminate the labor contract;

2. Under any of the following circumstances, the employer has the right to terminate the labor relationship with the pregnant female employee in accordance with the law:

1) Serious violation of labor discipline or the rules and regulations of the employer;

2) Serious dereliction of duty or malpractice for personal gain, causing significant damage to the interests of the employer;

3) or the employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer;

4) Those who have been investigated for criminal responsibility in accordance with law. Moreover, the employer is not required to pay severance payments. However, if this is not the case, and the employer dismisses the lactating female employee, the employer shall pay severance and additional severance payments.

Article 47 of the Labor Contract Law of the People's Republic of China.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Summary. Hello, dear, compensation will be made according to the number of years of service, one month's salary will be compensated for each year of work, and up to 12 months of compensation.

Hello, dear, compensation will be made according to the number of years of service, one month's salary will be compensated for each year of work, and up to 12 months of compensation.

Isn't it 2n+1?

My average salary was diluted and I didn't have a shift after August last year.

There is no employment contract.

Can he be calculated according to the average salary from August last year to August of the previous year?

Signed. OK.

That's according to your previous average salary.

Before breastfeeding.

So you haven't been paid since August last year? When is the lactation period.

A child born last year.

Then follow your previous average salary.

Not in accordance with lactation.

The minimum wage paid while breastfeeding.

That's what the teacher said above.

It is not based on the salary of breastfeeding.

This is not right.

Calculated based on your previous average salary.