The company went bankrupt, what compensation should the pregnant woman have

There is financial compensation.

If the employer is declared bankrupt in accordance with the law or decides to dissolve ahead of schedule, the labor contract shall be terminated. According to Article 46, Paragraph 6 of the Labor Contract Law, the employer shall pay economic compensation to the employee (the economic compensation is the same for all employees).

Labor Contract Law

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

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

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

The wages payable to you before the company goes bankrupt, five insurances and one housing fund, and severance for the termination of the contract.

Legal analysis: Compensation for the bankruptcy of the company when you are pregnant: 1. The salary during the maternity period must be paid in full; 2. The specific amount of compensation during pregnancy and lactation can be determined after negotiation; 3. The severance shall be paid according to the number of years of work in the public search and rolling division, one month for each full year, and one year for more than six months and less than one year; If it is less than six months, you will be paid half a month's salary as economic compensation.

Legal basis: Labor Law of the People's Republic of China Article 77 In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.

The principles of conciliation apply to arbitration and litigation proceedings.

Legal analysis: Compensation for the bankruptcy of the company when you are pregnant: 1. The salary during the maternity period must be paid in full; 2. The specific amount of compensation during pregnancy and lactation can be determined after negotiation; 3. The severance shall be paid according to the number of years of service in the company, one month for each full year, and one year for more than six months and less than one year; If it is less than six months, you will be paid half a month's salary in the form of economic compensation.

Legal basis: The Labor Law of the People's Republic of China (PRC) Article 77 In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, or file a lawsuit in accordance with the law, or may resolve it through negotiation.

The principles of conciliation apply to both arbitration and litigation proceedings.

Legal analysis: Yes, in the case that the employee goes bankrupt due to poor management during pregnancy, and the enterprise and employee negotiate to terminate the labor contract, the employee will be compensated during the three periods (pregnancy, childbirth, and lactation).

1. According to the relevant regulations, the wages during the maternity period must be paid in full;

2. The specific amount of compensation during pregnancy and lactation shall be determined by the company and the parties after specific negotiation;

3. The part of economic compensation shall be paid according to the number of years of service in the company, one month for each full year, and if the number of answers for more than six months is less than one year, it shall be calculated as one year; If it is less than six months, economic compensation of half a month's salary shall be paid.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases Article 5 Where a dispute arises from a request to the employer to return the deposit, security deposit, mortgage or collateral of the labor contract received by the employee after the termination or termination of the labor relationship, or a dispute arising from the transfer procedures such as the employee's personnel file and social insurance relationship, and the party sues in accordance with the law after arbitration by the labor dispute arbitration commission, the people's court shall accept the lawsuit.

Yes, if the employee goes out of business due to poor management during pregnancy, and the employer and employee terminate the labor contract through negotiation, compensation will be paid to the employee during the three periods (pregnancy, childbirth, and lactation). 1. According to the regulations of the carport, the wages during the delivery period must be paid in full; 2. The specific amount of compensation during pregnancy and lactation shall be determined by the company and the parties after specific negotiation; 3. The part of economic compensation shall be paid according to the number of years of service in the company, one month for each full year, and one year for more than six months and less than one year; If it is less than six months, it shall pay half a month's economic compensation to the workers' sail credit capital.

Legal basis] Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases.

If a dispute arises from a request from the employer to return the deposit, security deposit, mortgage or collateral received by the employee after the termination or termination of the labor relationship, or the dispute arising from the transfer of the employee's personnel file or social insurance relationship, the people's court shall accept the lawsuit filed by the parties in accordance with the law after arbitration by the labor dispute arbitration commission.

The bankruptcy of the company means that the company is extinguished as a legal entity and the employment contract is automatically terminated. The relevant laws on the bankruptcy of the employer do not provide special compensation for pregnant women, and the employer shall pay economic compensation just like other employees. The severance shall be paid according to the number of years of service in the company, one month for each full year, and one year for more than six months and less than one year; If it is less than six months, economic compensation of half a month's salary shall be paid.

Legal basis

Article 46 of the Labor Contract Law provides that under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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