Should I pay my salary during the negotiation process of being dismissed during pregnancy?

In general, the pregnant woman cannot be dismissed, unless the pregnant woman has gross negligence, in which case the company should give the other party a subsidy in the spirit of humanitarianism! But if it is the pregnant woman who has caused significant losses, it is likely that she will be sentenced to compensate for the losses!

Yes, and the labour law stipulates that a woman cannot be dismissed from her employer during pregnancy.

Look at the labor contracts you have signed, they are violating labor laws. Amitabha.

In the case of pregnancy, if the employer still unilaterally terminates the labor contract on the grounds of incompetence, it will definitely be illegal to terminate the labor contract. The reason is that the law clearly stipulates that for pregnant women, the employer shall not unilaterally terminate the employment contract on the grounds of Article 40 of the Labor Contract Law. Regarding the relevant compensation, it needs to be calculated according to the length of service, that is, double salary, and it takes about ten days to negotiate in the middle, and if you negotiate in the middle of the work, you can apply for the return of this part of the salary.

If the employee is dismissed because she is pregnant, it is an illegal act of the employer, and the employee should be given economic compensation, which shall be paid to the employee according to the standard of one month's salary for each full year of the employee's 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. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

In addition to the above-mentioned circumstances, if an employer dismisses an employee, it is deemed to have terminated the labor contract illegally, and the employer shall pay compensation to the employee at twice the standard of economic compensation, that is, according to the employee's years of service in the employer, and the standard of two months' wages 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 employee shall be paid one month's salary compensation.

It should be paid, and if you have worked during pregnancy, you should be paid.

Women who are pregnant, giving birth, and breastfeeding are not allowed to be dismissed casually. Unless it is a serious violation of discipline, it is against the law. As for the negotiation you said, it should be a negotiation between you about dismissal, and you are also willing to accept the dismissal of the company, and the company will give you a part of the compensation.

But ten days' pay during the negotiation process should be given, because at this time you have not really left your job. The cut-off date for your severance should be the day you leave the company. That is, the effective date on the leave slip.

This should not be paid, because you don't have a formal job these days.

During pregnancy, you should not be allowed to be dismissed, at least until the child is born and the maternity insurance premium is paid.

The other party dismisses you on the grounds of pregnancy, which is not protected by law, and the other party dismisses you without reason, and when the legal reason for formal dismissal appears, you are not an employee, you were all employees before, and you have a salary.

If you are not negligent as stipulated in Article 39 of the Labor Contract Law, the employer cannot terminate the labor contract in accordance with Article 3 of the Labor Contract Law within three periods, and if it is terminated, it must be an illegal termination, and you can apply for arbitration to claim compensation for illegal termination, which is the average salary of the previous 12 months * the length of service in the employer *2

If the employer illegally dismisses the pregnant woman and needs to pay economic compensation, the pregnant employee has the right to claim the following expenses: 1. Compensation for illegal termination of labor relationship: equivalent to twice the economic compensation.

Calculation: Years of service 2 times the average salary in the 12 months prior to separation. 2. Pregnancy, childbirth, and lactation periods.

3. Wages and overtime pay (if in arrears) should be paid together. Article 48 of the Labor Contract Law of the People's Republic of China (02) [Legal Consequences of Illegally Dissolving or Terminating a Labor Contract] If a labor contract is terminated or terminated in violation of this law by a unit that uses a person to dissolve or terminate the labor contract, and the employer requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. Article 27 of the Law of the People's Republic of China on the Protection of Women's Rights and Interests 02 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, or other circumstances.

However, there is an exception for female employees who request the termination of labor (employment) contracts or service agreements. Units shall not discriminate against women on the grounds of sex when implementing the national retirement system.

During pregnancy, if the employee does not have any fault as prescribed by law, the company dismisses the employee as an illegal dismissal, and the employee has the right to continue to perform the labor contract.

Article 87 of the Labor Contract Law stipulates that 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 stipulated in Article 47 of this Law.