If you were fired while pregnant, you should go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (formerly the Labor Bureau). When applying for labor arbitration, you need to bring two arbitration applications and a copy of the applicant’s ID card; 2 copies of relevant evidence and evidence list; employer’s industrial and commercial registration information (registration information is not required in some areas such as Beijing), and fill in legal documents such as labor arbitration application form and evidence list.
Whether a pregnant employee should pay compensation or compensation when the employer terminates the labor relationship (dismissal, dismissal, expulsion) can be roughly divided into the following two situations:
1. If the employer terminates the labor relationship with the employee and the employee does not fall under the circumstances stipulated in Article 39 of the Labor Contract Law, the employer's behavior may be determined to be an illegal termination as stipulated in Article 87 of the Labor Contract Law. , should be compensated. The standard is to pay the employee 2 months' salary for every full year of employment, commonly known as 2n;
2. The employee has the circumstances stipulated in Article 39 of the "Labor Contract Law" and the employer proposes to terminate the labor relationship , there is no need to pay any financial compensation or notify the employee in advance; but this requires the employer to provide evidence and notify the employee in writing of the termination of the labor relationship.
Article 39 of the "Labor Contract Law" The employer may terminate the labor contract under any of the following circumstances:
(1) During the probation period, the employer is proven to be incompetent Conditions of employment;
(2) Serious violation of the employer’s rules and regulations;
(3) Serious dereliction of duty, malpractice for personal gain, causing significant damage to the employer;
(4) The employee establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections after the employer proposes;
(5) Due to this law The circumstances specified in Item 1 of Article 26, Paragraph 1 render the labor contract invalid;
(6) Being held criminally responsible in accordance with the law.
Article 47 Economic compensation shall be paid based on the number of years the employee has worked in the unit, and one month’s salary for each full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.
If the employee’s monthly salary is three times higher than the local average monthly salary announced by the people’s government of the municipality or districted city where the employer is located, the standard of economic compensation paid to the employee shall be the employee’s average monthly salary. 3 times, and the maximum period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.
Article 87 If the employer violates the provisions of this Law to terminate or terminate the labor contract, it shall pay compensation to the employee at twice the economic compensation standard stipulated in Article 47 of this Law.