4 months pregnant, the contract has not expired, the company wants to dismiss me, how should I claim

Whether there is compensation for dismissal by the unit is divided into 3 situations:

1. Illegal termination. If the employer dismisses you without any legal reason, it should pay you compensation, that is, 2 months' salary for every year of service;

2. Legal termination. If you meet the requirements of Article 46 of the Labor Contract Law, you shall be paid severance payment, that is, one month's salary for each year of work, n; In accordance with Article 40 of the Labor Contract Law, and without one month's notice, one month's salary shall be paid in lieu of notice, commonly known as n+1;

3. No compensation for legal termination. If you have any of the circumstances stipulated in Article 39 of the Labor Contract Law, such as serious violation of the company's system, causing major economic losses to the company, being sentenced, etc., and the employer proposes to terminate the employment relationship, it does not need to pay you compensation or compensation.

If it is an illegal dismissal, of course, the employer can also be required to continue to perform the labor contract.

Special Provisions on Labor Protection of Female Employees

Article 5: 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.

Hello, in this case, you should first apply to the labor arbitration commission for arbitration, and if you are not satisfied with the labor arbitration result, you can file a lawsuit with the court. It is worth noting that initiating labor arbitration is a necessary procedure for filing a lawsuit, and it is not possible to file a lawsuit directly without arbitration, thank you.

Legal analysis: If the labor contract expires and the employer does not renew the contract with the employee, the original labor contract will be automatically renewed until the expiration of the lactation period, and the salary and treatment shall be carried out according to the original labor contract. The criteria for financial compensation are:

If a unit that uses a picker dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Legal basis: Labor Contract Law of the People's Republic of China

Article 32 Where a worker refuses to be commanded by the management of the employer in violation of rules and regulations or compels him to work at risk, it shall not be deemed to be a violation of the labor contract.

Workers have the right to criticize, report and accuse the employer for working conditions that endanger their lives and health.

Article 33 The change of the name, legal representative, principal responsible person or investor of an employer shall not affect the performance of the labor contract.

Article 34 In the event of a merger or division of an employer, the original labor contract shall continue to be valid, and the labor contract shall continue to be performed by the employer that inherits its rights and obligations.

Article 42 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 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 in laws and administrative laws that imitate these regulations.

When the contract expires, the pregnant woman shall continue to sign the labor contract with the employer; If you are dismissed during pregnancy, you may claim financial compensation, and you will be paid one month's salary for each full year of service. According to the law, if a female employee is pregnant, giving birth or breastfeeding, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law. Legal basis:

Paragraph 4 of Article 42 of the Civil Code of the People's Republic of China provides that if a female employee is pregnant, giving birth or breastfeeding, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law. Article 87 If an employer dissolves or terminates a labor contract in violation of this law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

Legal analysis: pregnant women should continue to sign labor contracts with employers when their contracts expire; Dismissal during pregnancy may result in a claim for financial compensation, and one month's salary for each full year of service. According to the law, if a female employee is pregnant, giving birth or breastfeeding, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law.

Legal basis: Paragraph 4 of Article 42 of the Civil Code of the People's Republic of China, if a female employee is pregnant, giving birth, or breastfeeding, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

If a female employee is pregnant, giving birth, or breastfeeding, the employer shall not terminate the labor contract unless the female employee is seriously at fault in the statutory circumstances. If the labor contract expires and the employer does not renew the contract with the employee, the original labor contract will be extended from the source to the expiration of the lactation period, and the salary and treatment shall be implemented according to the original labor contract.

If a female employee is dismissed during her pregnancy, the employer shall pay economic compensation for the illegal termination of the labor contract. The standard of economic compensation is as follows: If the employer dissolves or terminates the labor contract in violation of the provisions of Article 87 of the Labor Contract Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

That is, two months' wages are paid to workers for every 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.

Legal basis] Article 45 of the Labor Contract Law stipulates that if a female employee is pregnant, giving birth or breastfeeding during the expiration of the labor contract, the labor contract shall be renewed and terminated when the corresponding circumstances disappear. However, the termination of the labor contract of a worker who has lost or partially lost the ability to work as provided for in Paragraph 2 of Article 42 of this Law shall be carried out in accordance with the provisions of the State on work-related injury insurance.