公司辞退孕妇的，需要支付赔偿金吗

有喜国际助孕

　　The state's legal protection for female employees who are vulnerable groups is in line with the actual situation, because once a pregnant female employee is illegally dismissed, it will be difficult to find a job until the end of her breast-feeding period and it is difficult to guarantee her source of livelihood. Therefore, the state prohibits employers from terminating labor relations during pregnancy.

　　Online consultation users:

　　Our current company is a relatively small one. then we hired some people a while ago and found out that one of them didn't tell me she was pregnant at the time of hiring and was found out now. so our company wants to dismiss pregnant women. what are the compensation rules for dismissal of pregnant women?Thank you

　　Tianjin Chuangjie Law Firm Yuan Fang Lawyer Answers 武汉福孕试管中心 Users:

　　The family has clearly protected the rights and interests of pregnant women. If the employer illegally dismisses the employee in violation of regulations, pregnant women have the right to apply for the following compensation to the user:

　　1、。Users of compensation for illegal termination of labor relations: equivalent to 2 times of economic compensation.Calculation method user: working years ×.The average salary in the 12 months before leaving the job is multiplied by 2 times.See Articles 42, 47 and 87 of the Labor Contract Law for details.

　　2、。Wages during pregnancy, childbirth and lactation.Article 26 of the Law on the Protection of Women's Rights and Interests stipulates that users: No unit may dismiss female employees or unilaterally ter minate labor contracts on the grounds of marriage, pregnancy, maternity leave, breastfeeding, etc.济南助孕公司

　　3、。Wages and overtime wages (if in arrears) shall be paid together."Special Provisions on Labor Protection for Female Workers" Article 5 Users: Employers are not allowed to reduce their wages, dismiss, terminate their labor or employment contracts due to pregnancy, childbirth and lactation of female workers.

　　Article 7 Users: Female employees enjoy 98 days of maternity leave during childbirth, including 15 days before childbirth. In case of dystocia, the maternity leave shall be increased by 15 days; In case of multiple births, maternity leave shall be increased by 15 days for every additional baby.

　　Lawyers in Yuan Fang Analyze Users:

　　What is the legal basis for compensation for dismissal during pregnancy?

　　No unit may dismiss a female employee or unilaterally terminate the labor contract on the grounds of marriage, pregnancy, maternity leave, lactation, etc.The Labor Contract Law clearly stipulates that when the labor contract expires during pregnancy, childbirth and lactation of female employees, the unit shall not terminate the contract, but shall extend the original contract until the end of one year's lactation.If the employing unit rescinds or terminates the labor contract in violation of the provisions of this law, it shall pay compensation to the laborer in accordance with twice the economic compensation standard stipulated in article 47 of this law.

　　The monthly salary for economic compensation as stipulated in Article 47 of the Labor Contract Law shall be calculated according to the wages due to th e laborer, including hourly wages or piece-rate wages and monetary incomes such as bonuses, allowances and subsidies.If the average wage of a worker in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage sta ndard, it shall be calculated according to the local minimum wage standard.If the worker has worked for less than 12 months, the average wage shall be calculated according to the actual number of months worked.Therefore, wages should be paid.