Our company bought five insurances and one housing fund! Who pays for maternity leave?

If the employer refuses to pay, the employee may file a complaint with the local labor inspection department or apply for labor arbitration.

1. If you work for an employer, there are two ways to ask for wages:

1. Workers can file complaints with the local human resources and social security bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau and request payment of wages. If you do not have an employment contract, you can demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

2. If it is a job for an individual, it is not considered an employment relationship, and you can directly go to the court to sue the individual boss and demand payment of labor remuneration.

Article 2 of the Law on Mediation and Arbitration of Labor Disputes 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.;

Article 50 of the Labor Law Wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

Provisions on the Special Protection of Female Employees".

Article 5: Employers must not reduce the wages of female employees, dismiss them, or terminate their labor or employment contracts because of their pregnancy, childbirth, or breastfeeding.

If your employer pays wages normally, you can get the salary of your employer and the salary of maternity insurance! If the unit does not issue it, there will only be one copy of maternity insurance, which seems to be paid according to the local minimum wage, and I have just received 11,800 ...... of maternity insurance for 158 days

Maternity leave pay is paid by the employer. Five insurances and one housing fund refer to the collective name of several types of protective benefits given by employers to employees, including endowment insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance, and housing provident fund.

The social security and provident fund during the employee's maternity leave need to be paid according to the normal channels. Units and individuals bear the corresponding part separately, and do not need to bear the full amount of the unit. Generally speaking, the employer notifies the employee in advance to come over and pay, or asks the employee to pay the part he needs to bear in advance.

1. If the employer has paid the maternity insurance premium, its employees shall enjoy the maternity insurance benefits; The unemployed spouse of an employee shall be entitled to maternity medical expenses in accordance with the provisions of the state. The required funds are paid out of maternity insurance**. Maternity insurance benefits include maternity medical expenses and maternity allowances.

2. Maternity allowance refers to the living expenses given to working women during the period when they leave work due to childbirth in accordance with national laws and regulations.

In areas where the social co-ordination of maternity insurance is implemented, the maternity insurance shall be paid according to the standard of the average salary of the employees in the previous year, and the payment period is generally consistent with the period of maternity leave, not less than 90 days.

Legal basis: Notice of the Ministry of Labor on the Issuance of the Trial Measures for Maternity Insurance for Employees of Enterprises Employers participating in the social co-ordination of maternity insurance shall pay maternity insurance premiums to the local social insurance agency;

The proportion of maternity insurance premiums shall be determined by the local people according to the maternity allowance and maternity medical expenses of female employees in family planning, and the maximum shall not be 1% of the total salary, and the individual employees shall not pay.

Legal analysis: During the maternity leave, the employer shall pay five social insurances and one housing fund normally. According to Article 5 of the Special Provisions on Labor Protection of Female Employees, an employer shall not reduce the wages of female employees, dismiss them, or terminate their labor or employment contracts because of their pregnancy, childbirth, or breastfeeding.

1. Medical expenses, medical expenses are determined according to the receipt vouchers such as medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates.

2. Lost work pay, which is determined according to the victim's lost time and income.

3. Nursing fee, the nursing fee is determined according to the income status of the nursing staff, the number of nursing staff, and the nursing period.

4. Transportation expenses, which are calculated according to the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or transfer to hospital**.

5. Hospitalization meal subsidy, which can be determined with reference to the business trip meal subsidy standard for general staff of local state organs.

6. Nutrition expenses, which are determined based on the victim's disability with reference to the opinions of medical institutions.

7. Disability compensation: Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is 60 years old or older, the age is reduced by one year for each additional year and is over 15 years old, it is calculated as five years.

Legal basis: Article 25 of the Population and Family Planning Law of the People's Republic of China Couples who give birth to children in accordance with the provisions of laws and regulations may receive incentives or other benefits for extended maternity leave.

Special Provisions on Labor Protection for Female Employees or Employees》 Article 7 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.

Legal analysis: During the maternity leave, the individual contribution part shall be borne by the individual, and the unit contribution part shall be borne by the unit. If the employee receives the maternity allowance during the maternity leave, the employer has no right to deduct the part of the individual contributions, and the employee shall hand over the personal part to the employer.

However, the employee does not need to bear the part of the employer's contribution.

Legal basis: Social Insurance Law of the People's Republic of China Article 4 Employers and individuals within the territory of the People's Republic of China who pay social insurance premiums in accordance with the law have the right to inquire about payment records and personal rights and interests records, and request social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise the payment of fees for them by repenting of the rent file.

Legal analysis: pay, according to the prenatal salary as the payment base, continue to pay five insurances and one housing fund.

Legal basis: Special Provisions on Labor Protection of Female Employees

Article 5: Employers must not reduce the wages of female employees, dismiss them, or terminate their labor or employment contracts because they are pregnant, giving birth, or breastfeeding.

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 wages before the maternity leave and the standard of closure for the female employees. 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.