If the company fires an employee during breastfeeding, then how to calculate the compensation

According to the Labor Contract Law, the employer shall not terminate the employment contract of a female employee during the breastfeeding period. It is a violation of the laws of the People's Republic of China for an employer to forcibly terminate the labor contract of a female employee while she is breastfeeding.

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

1.Article 42 of the Labor Contract Law stipulates that an employer shall not terminate a labor contract in accordance with Articles 40 and 41 of this Law if an employee falls under any of the following circumstances:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient 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.

2.Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee at the rate of one month's salary for each full year of service in the employer.

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.

3.Article 39 of the Labor Contract Law stipulates that an employer may terminate an employment contract if an employee 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.

How to compensate for dismissal during breastfeeding?

There is no compensation or compensation for dismissal for disciplinary violations.

Article 5 of the Special Provisions on Labor Protection of Female Employees stipulates that an employer shall not reduce the wages of a female employee, dismiss her, or terminate her labor or employment contract because of her pregnancy, childbirth, or 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 the company dismisses the employee while the employee is breastfeeding, it shall compensate the lactating employee for the loss of the retreat. The first to give compensation to employees for illegal termination of labor relations; 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 Where a worker falls under any of the following circumstances, the employer shall not act in accordance with Article 40 of this Law.