1. Will the pregnancy be expelled from the job in January?
Employees will not be fired for one month when they are in employment.
After the unit and individual signed a labor contract, the employees found that they were pregnant, and the unit was not allowed to dismiss the employee.In labor -related regulations, pregnancy does not belong to the information that workers must explain.In addition, during the performance of the labor contract, pregnant employees also have the right to enjoy special protection. If the unit does a fired behavior or has other illegal operations, the unit can be sued the court.
2. What are the relevant regulations of the state on maternity leave?
1. Article 8 of the "Provisions on the Protection of Female Workers" stipulates that "female employees are 90 days of maternity leave, of which 15 days of prenatal leave. Those who are difficult to give birth will increase for 15 days of maternity leave. If multiple babies have one babies, they will increase maternity leave and increase maternity leave.15 days".
According to the above regulations, the statutory maternity leave is 90 days.Employers can specify separately for maternity leave according to the actual situation of the unit, but must not be lower than the legal standards.If you have more than 90 days due to special circumstances, as long as there are hospitals proved to ask the unit for sick leave, you cannot enjoy maternity leave during the sick leave.
For fertility holidays, a clear rule of the National Labor Law is not less than ninety days.In addition, each region has its own supplementary regulations for maternity leave.
2. Female employees have maternity leave for ninety days, of which fifteen days before giving birth.If it is difficult to give birth, increase maternity leave for fifteen days.For many babies, each babies have more than fifteen days for maternity leave.If a female employee is pregnant, the unit shall give a certain period of maternity leave according to the certificate of the medical department.
3. The Ministry of Labor also issued a "Notice of Several Issues of the Ministry of Labor on Several Issues on Perception of Female Employees", which explained more detailed explanations for female employees’ maternity leave, treatment during maternity leave, and applicable scope:
(1) When pregnancy is less than four months of abortion, it shall be given for maternity leave for fifteen days to thirty days according to the opinions of the medical department; when the abortion of more than four months of pregnancy is given, 42 days of maternity leave.During maternity leave, wages are paid.
(2) If the birth holiday is expired, if it is still unable to work due to physical reasons, after proven by the medical department, it exceeds the treatment during maternity leave and shall be dealt with in accordance with the relevant regulations of the employee’s illness.
3. What are the special labor protection regulations during pregnancy and fertility?
1. Enjoy the right to do not be arranged to engage in certain work.Mainly refers to some toxic, harmful and pregnancy female employees who cannot reach.
2. Enjoy the right to not be reduced.According to Article 4 of the Labor Protection of Women’s Workers, their basic wages shall not be reduced during the pregnancy, production period, and lactation period of female employees.It should be pointed out that it is not only the basic salary that cannot be reduced here. As for the wages linked to the work, the wages can be reduced, such as bonuses.Moreover, employers should make rules and regulations on wage composition for the basis for execution.
3. Enjoy the right to extend labor time.According to Article 7 of the Labor Protection of Women’s Workers, female employees shall not extend their labor hours outside normal labor during pregnancy; those who cannot be competent will be performed in accordance with the certification of the medical department to reduce the amount of labor or arrange other labor according to the certification of the medical department or arrange other laborEssence
4. Enjoy the right to not be fired.The employer shall not lift the labor contract with female employees during the pregnancy of female employees.Even if the contract signed with the worker in advance, the employer stipulates the agreement that the "automatically resign if you get pregnant", the agreement is invalid.
5. Enjoy the right to postpone the termination of the labor contract.During pregnancy, female employees shall not terminate the labor contract when the labor contract period expires.The term of the labor contract should be automatically continued until the expires of pregnancy, yield and lactation.
6. Enjoy the right to ask for fetal leave, prenatal leave, maternity leave, etc.
In real life, female employees have special holidays, such as maternity leave, etc. These holidays are in accordance with the law. As employers, they should be protected.It belongs to a violation of the law and will be severely punished.
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