Is it legal for the company to require pregnant women to take long vacations and only pay insurance

If the company's practice is illegal and the negotiation fails, apply for arbitration at the labor dispute arbitration commission where the company is located.

The legal basis is the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

It's not legal, but the premise is that you have to insist on going to work, and if the company says you don't want to go, you really won't go to work, and if you don't go to work, the court will think that you agree to the company's change in the content of the labor contract, which will be unfavorable to you.

Of course, since you are pregnant, you insist on going to work, and the company will also give you small shoes, which is not good for your health, so it is recommended that you negotiate with the company leaders to find a mutually acceptable solution.

Legal analysis: If an employee is pregnant and asks for social security during the long vacation, it is also in accordance with the original payment regulations, and the employee and the unit jointly bear it. During the contract period, if the employee takes leave with the consent of the employer, the employee only needs to pay the personal part of the insurance, and does not need to bear the part that the unit should bear.

Social insurance shall be borne and paid by the employer and the employee. The part that should be paid by the individual shall be withheld and paid by the employer from the employee's salary. The part paid by the employer shall be borne by the employer.

Legal basis: Article 10 of the Social Insurance Law of the People's Republic of China Employees shall participate in the basic endowment insurance, and the employer and the employee shall jointly pay the basic endowment insurance premiums.

Individually-owned businesses without employees, part-time employees who do not participate in the basic pension insurance in the employer, and other flexibly employed persons can participate in the basic pension insurance, and the basic pension insurance premiums are paid by the individual.

The method of pension insurance for civil servants and staff managed with reference to the Civil Servants Law shall be prescribed by ***.

Summary. Dear, the company does not need to pay insurance for personal leave during pregnancy, and the national law stipulates that employees enjoy all salary and benefits during pregnancy and maternity leave.

Dear, hello, during pregnancy, personal leave is not required to pay insurance, the national law stipulates that employees enjoy all salary and benefits during pregnancy and blind maternity leave.

Content Expansion: Rights enjoyed by employees during pregnancy: 1

Pregnant female employees have the legal right not to be dismissed in accordance with the Law on the Protection of Rights and Interests of Women during pregnancy, childbirth, marriage, pregnancy, maternity leave, employee or unilateral termination of labor contracts. In the provisions of pregnancy, childbirth and protection, that is, in the "pregnancy, childbirth, female employees, the enterprise shall not terminate the labor contract, such as the expiration of the labor contract, the contract shall be extended to the end of the lactation period. 2.

Pregnant female workers have the right to request that they be transferred to work suitable for pregnant womenDuring pregnancy, the unit to which they belong shall abide by the following regulations: the operation of toxic and harmful substances in the physiological functions of the workers, the radioactive work that exceeds the requirements of health protection, and the work of frequent climbing, waisting, lifting, and labor. For those who cannot adapt to the original labor, the amount of labor shall be reduced or other suitable labor shall be arranged according to the certificate of the county (city); The corresponding labor quota shall be deducted for the types of work that have a quota assessment.

3.Pregnant female employees have the right to health care and prenatal examination during working hours, and if they conduct prenatal examination during the prenatal examination (including the initial examination within 12 weeks of pregnancy) of pregnant female employees, they shall be treated as attendance, and shall not be treated as sick leave, personal leave, or miners; The corresponding labor quota shall be deducted for the types of work that have a quota assessment. 4.

Pregnant women's right to rest is not allowed to work night shifts or overtime for female workers who are more than 7 months pregnant, and they are given a break of one hour per day, which is counted as working time. A pregnant woman who terminates her pregnancy for various reasons has the right to rest after the termination. If a female employee has a miscarriage during pregnancy, she shall be granted a certain period of maternity leave on the basis of the certificate of the medical department.

When a female employee has a miscarriage of less than 4 months of pregnancy, she shall be granted 15-30 days of maternity leave; If the pregnancy is more than 4 months old, the miscarriage shall be granted 42 days. 5.In the event of an examination and delivery by a medical institution or a designated medical institution that is entitled to the cost of childbirth, the examination fee, midwifery fee, surgery fee, housing or hospital fee, and drug fee shall be borne by the unit to which the child belongs, and the expenses shall be paid by the original medical funding channel.

Those who have participated in maternity insurance are entitled to maternity living allowance and medical allowance in accordance with the provisions of maternity insurance, and their employers no longer pay maternity leave pay. If the employee's employer does not participate in maternity insurance, the employee's salary during the normal working period shall be paid in accordance with the provisions during the maternity leave.

I hope the above can help you, thank you!

To sum up, the company still needs to pay social security for you during pregnancy, and you enjoy the same rights and benefits as other employees!

Legal analysis: If the company does not pay insurance, employees can go to the labor bureau to complain or apply for labor arbitration with salary slips, work permits, attendance records, etc., and ask for compensation. If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the premiums within a time limit.

If the employer fails to pay or make up the social insurance premiums within the time limit, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions; They may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums.

Legal basis: Article 63 of the Insurance Law of the People's Republic of China If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit. If the employer fails to pay or make up the social insurance premiums within the time limit, the social insurance premium collection agency may inquire about its deposit account with banks and other financial institutions; They may also apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their depositary banks or other financial institutions in writing to allocate social insurance premiums.

If the balance of the employer's account is less than the social insurance premiums to be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premiums in full and fails to provide a guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal up or auction the property whose value is equivalent to the social insurance premiums to be paid, and use the auction proceeds to offset the social insurance premiums.

Article 7 of the Special Provisions on Labor Protection of Female Employees Female employees are entitled to 98 days of maternity leave after giving birth, 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 can 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.

According to the Labor Law, the Labor Contract Law, the Social Insurance Law and other relevant laws and regulations of the People's Republic of China, during the existence of the labor relationship between the employer and the employee, the employer shall pay social insurance premiums for the employee in accordance with the law. It is the legal obligation of employers and employees to participate in social insurance and pay social insurance premiums in accordance with the law, and employees are not exempted because they are entitled to maternity leave. There are the following solutions to the situation described in the title:

First, in accordance with Article 100 of the Labor Law, Articles 63, 84 and 86 of the Social Insurance Law, and Articles 25 and 26 of the Interim Regulations on the Collection and Payment of Social Insurance Premiums, you may report to the social insurance collection agency, which will order you to pay the social insurance premiums within a time limit or make up the sufficiency. If the employer fails to pay the social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay or make up the amount within a time limit, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed. If an employer refuses to pay social insurance premiums or late fees within the time limit, the labor and social security administrative department or the taxation authority shall apply to the people's court for compulsory collection in accordance with law. If an employer or an individual employee is dissatisfied with the penalty decision of the labor and social security administrative department or the tax authority, he or she may apply for reconsideration in accordance with the law; Those who are dissatisfied with the reconsideration decision may initiate litigation in accordance with law.

Second, in accordance with Articles 38 and 46 of the Labor Contract Law, you may request the termination of the employment contract and the employer to pay severance payments, and you may request the employer to make up the outstanding social insurance premiums. Thirdly, if you need to be insured, but you are unable to enjoy the relevant insurance benefits due to the employer's failure to pay social insurance premiums, you can also request the employer to pay the fees according to the standards of the relevant insurance benefits.

If a pregnant woman takes a long leave, does the employer pay social security?

Hello, dear <>

According to the provisions of the Social Insurance Law, female employees during pregnancy can enjoy maternity leave, and the employer shall pay social insurance premiums for them during the maternity leave. However, if a pregnant woman takes a long leave and is not maternity leave, then whether the employer needs to pay social insurance contributions for her needs to be determined on a case-by-case basis. If a pregnant woman takes paid sick leave or annual leave, the employer shall pay social insurance contributions for her.

Because in this case, the pregnant woman is still a normal labor relationship, and the unit Liang Heng needs to pay social insurance premiums for her in accordance with the provisions of the labor contract. If a pregnant woman takes unpaid leave, then the employer does not need to pay social insurance premiums for her. In this case, the labor relationship between the pregnant woman and the employer has been suspended and she is no longer entitled to social insurance benefits.

Therefore, if a pregnant woman takes long-term unpaid leave, the employer does not need to pay social insurance contributions for her. However, if the pregnant woman takes paid sick leave or annual leave, or normal maternity leave, the employer needs to pay social insurance contributions for her.

Summary. Hello dear<>

In China, pregnant women are one of the groups that enjoy special protection. According to the Labor Law of the People's Republic of China and the Special Provisions on the Labor Protection of Female Employees, pregnant female employees have the right to apply for maternity leave, maternity leave, breastfeeding leave and other leave, and the employer shall continue to pay social insurance for them during the leave. Specifically, a pregnant female employee may apply for maternity leave when she is four months pregnant, and during the maternity leave, the employer shall continue to pay social insurance premiums such as basic endowment insurance, basic medical insurance, work-related injury insurance, and unemployment insurance, and shall arrange appropriate jobs for her after the maternity leave expires.

The situation is similar for maternity and breastfeeding leave. It should be noted that pregnant female employees can apply for leave according to their own circumstances, but they need to notify the employer in advance and provide relevant medical certificates. In addition, employers shall respect the leave rights of female employees, and shall not reduce their benefits or promotion opportunities as a result.

To sum up, the employer should continue to pay social insurance for pregnant female employees to ensure that their rights and interests are protected.

If a pregnant woman takes a long leave, does the employer pay social security?

Hello dear [open mindset year]. In China, pregnant women are one of the groups that enjoy special protection. According to the Labor Law of the People's Republic of China and the Special Provisions on the Labor Protection of Female Employees, pregnant female employees have the right to apply for maternity leave, maternity leave, breastfeeding leave and other leave, and the employer shall continue to pay social insurance for them during the leave.

Specifically, a pregnant female employee may apply for maternity leave when she is 4 months pregnant, and during the maternity leave, the employer shall continue to pay social insurance premiums such as basic pension and early old age insurance, basic medical insurance, work-related injury insurance and unemployment insurance, and shall arrange appropriate jobs for her after the maternity leave expires. The situation is similar for maternity and breastfeeding leave. It should be noted that pregnant female employees can apply for leave according to their own circumstances, but they need to notify the employer in advance and provide relevant medical certificates.

In addition, employers shall respect the leave rights of female employees, and shall not reduce their benefits or promotion opportunities as a result. To sum up, the employer should continue to pay social insurance for pregnant female employees to ensure that their rights and interests are protected.

Hello dear<>

If the employer does not pay social insurance for the pregnant woman, the pregnant woman can protect her rights through the following channels: Communicate with the employer: The pregnant woman can first communicate with the human resources department or leader of the unit, and ask the employer to pay social insurance premiums for her in a timely manner and keep the written evidence.

Complain to the local labor inspection department: If the employer refuses to pay social insurance contributions for the pregnant woman, the pregnant woman can file a complaint with the local labor inspection department and ask it to investigate and deal with it. Seeking legal assistance:

If a pregnant woman encounters legal problems in the process of defending her rights, she can seek help from a legal aid agency to obtain legal advice and guidance. It should be noted that the right to leave and the right to social insurance for pregnant women are guaranteed by law, and the employer shall perform the relevant obligations in accordance with the law. If the employer fails to fulfill the relevant obligations, the pregnant woman has the right to protect her legitimate rights and interests in accordance with the law, including asking the employer to pay the social insurance premiums for her.