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Anonymous users2024-02-07The employer's practice is obviously illegal, the unit has not paid the maternity insurance, and the resulting losses should be borne by the unit, that is to say, the part of the hospital expenses that you need to be reimbursed by the unit when you give birth due to the unit's failure to pay the maternity insurance should be borne by the unit, and the wages during the maternity leave should also be borne by the unit. Social security insurance related expenses are the legal obligation of the unit, no matter what the situation must be paid by the unit, your agreement is invalid, you can also ask the unit to make up the payment, if you can not make up the compensation by the unit. It is recommended that you apply for labor arbitration, terminate the labor relationship on the grounds that the employer does not pay social insurance, and demand the payment of compensation, bear the maternity leave salary, make up the social security, and bear the expenses that the hospital should reimburse due to the employer's failure to pay the maternity insurance at the time of delivery.
Special Provisions on Labor Protection of Female Employees
Article 7: Female employees are entitled to 98 days of maternity leave for childbirth, 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.
Article 8 For female employees who have already participated in maternity insurance, the maternity allowance during maternity leave shall be paid by maternity insurance in accordance with the standard of the average monthly wage of the employee of the employer in the previous year; 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.
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Anonymous users2024-02-06Hello, it is incorrect for the Company to ask you to do so, and you can apply for arbitration.
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Anonymous users2024-02-05Legal analysis: when the company takes maternity leave, there is no salary, and the social insurance office has a subsidy, which is transferred to the company's account, and then the company pays the maternity insurance premium to the individual employer according to the total salary paid by the employee in the previous year, and the individual employee does not pay. Maternity leave is 3 months According to the period of maternity leave for female employees uniformly stipulated by the state, the full amount of the salary paid by the social security agency shall be calculated and paid according to the salary base paid by the employee when she gives birth.
Legal basis: Article 8 of the Special Provisions on the Labor Protection of Female Employees Article 8 For those who have already participated in maternity insurance, the maternity allowance shall be paid by the maternity insurance according to the standard of the average monthly wage of the employee of the employer in the previous year; 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 participated in the maternity insurance; For those who have not participated in maternity insurance, the employer shall pay for it.
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