Female employees often encounter such situations, because pregnancy, inform the labor contract to terminate, for 2 months as compensation. Or some units have adjusted the wages of the female employee because of female employees, and there is a lot more than the original wage. Finally, many female employees have to leave the unit. Can you do this?
The first case is: Women's employees are pregnant, is the unit dismissed women workers due to their pregnancy?
Stop 28 of my country's labor law stipulates that the laborers have one of the following circumstances, the employer shall not be lifted according to the provisions of Article 26, 27 of this Law:
1. Division of workers or negative loss or part of the loss or part of the loss or part of the loss of labor
2, sick or negative injury, in the specified medical period;
3. Female employees are in pregnancy, during the period of lactation;
4. Legal administrative regulations stipulate other situations.
As can be seen from paragraph 3, the employer is not possible to dissipate the labor contract only because of the pregnancy of female employees, ie, the company is not allowed to be in pregnancy, fertility and breastfeeding for the labor contract from the trial period or any other period, but In addition to the recruitment conditions during the trial period, except for violations within the "three phases". Not only that, if the time limit of the labor contract is shorter than during pregnancy lactation, the labor contract should be extended to lactation.
The second question is: Whether the female employee is in pregnancy, can the employer can reduce the salary due to its pregnancy?
Article 4 of "Regulations on the Protection of Women's Workers": Do not reduce its basic salary during pregnancy, birth, lactation, or to dispense labor contracts.
It can be seen that the employer shall not reduce its basic salary during pregnancy, date of breastfeeding. In general, the wage of the unit consists of basic wages, post wages, bonuses and other parts. If the employer simply adjusts the wages only because of the pregnancy of female employees, it does not reduce the basic wage, it should be said that it is not illegal. When the laborer is signed a labor contract, it should clarify that the composition of the payment, such as basic wages are too low, so that the actual result of the actual income after pregnancy is divided by the pregnancy.
Of course, the employer needs to comply with the minimum wage in even if the basic salary is adjusted.
Article 3 of the "Minimum Wage Regulations": The minimum wage in this provision is that the employer shall pay according to the law according to the law of the laborer in the working hours of the labor contract, the labor contract, the labor contract, the labor contract, the labor contract, and the labor contract signed by law. Minimum labor remuneration.
The normal labor is known in this provision, which means that the workers are agreed in accordance with the labor contract agreement in accordance with the law, and work in the statutory working hours or the working time agreed by the labor contract. The workers enjoy the holidays, the fake leave, marriage and false, fertility (production) fake, marriage and false, fertility (production) fake, birth control surgery, etc., as well as to participate in social activities according to law during the statutory work, and will be deemed to provide normal labor.
Article 12 When the worker provides normal labor, the employer shall pay the worker's salary after eliminating the following, the minimum wage is not lower than the local minimum wage: (1) Extend the working time salary; (2) Zhongban , Night shift, high temperature, low temperature, downhole, toxic and harmful and other special working environments, (3) (3) Labor, regulations and national welfare treatments, etc. Implementing the employment units such as a consolidated salary or commissioning of wages, based on scientific and reasonable labor quota, its payment of workers shall not be lower than the corresponding minimum wage.
That is, if a female employee is pregnant, the salary that has been deducted after the corresponding fee is lower than the local minimum wage standard, and it is not legal.
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