Can the company be dismissed if you are pregnant? How to compensate?

If you are pregnant, the company can't dismiss you. If fired, it needs to compensate employees.

First, the compensation standard for dismissing pregnant employees

1. Being dismissed during pregnancy violates the provisions of the Labor Contract Law, and you can ask the company to pay double economic compensation. That is, there is compensation for two months' salary every full year.

2. If an employee has no legal fault during pregnancy, the unit may not terminate the labor relationship, but may require the unit to resume the labor relationship.

3. The economic compensation shall be paid to the laborer according to the standard of paying one month's salary for each full year. If it is more than six months but less than one year, it will be counted as one year. If it is less than six months, the employee shall be paid economic compensation of half a month's salary.

Secondly, laws related to maternity leave.

1 labor contract law article 87 if an employer dissolves or terminates a labor contract in violation of the provisions of this law, it shall pay compensation to the employee at twice the economic compensation standard stipulated in article 47 of this law.

2. Article 5 of the Special Provisions on Labor Protection of Female Employees stipulates that an employer shall not reduce the salary, dismiss, terminate the labor or employment contract of a female employee due to pregnancy, childbirth or breastfeeding.

3. Article 7 of the Special Provisions on Labor Protection for Female Employees stipulates that female employees shall enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave will be increased by 1 5 days for each additional child.

4. Article 8 of the "Special Provisions on Labor Protection of Female Employees" stipulates that the maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the standard of the average monthly salary of employees in the previous year; Those who have not participated in maternity insurance shall be paid by the employer according to the wage standard of female employees before maternity leave.

Medical expenses incurred by female workers in childbirth or abortion shall be paid by maternity insurance fund according to the items and standards stipulated in maternity insurance. Did not participate in maternity insurance, paid by the employer.

5. Article 34 of the Opinions on Several Issues stipulates that the employer shall not terminate the labor contract at the expiration of the medical treatment period, pregnancy period, maternity period and lactation period, except under the circumstances stipulated in Article 25 of the Labor Law. The term of the labor contract automatically extends to the medical treatment period, pregnancy, childbirth and lactation period.

Three. Compensation for dismissal due to pregnancy

1. If a pregnant female employee has a legal fault, that is, in the case of Article 39 of the Labor Contract Law, the employer may unilaterally terminate the labor contract without paying economic compensation.

2. If the pregnant female employee has no legal fault, she shall be compensated twice as much as the economic compensation if the violation is lifted.

3. Economic compensation: calculated according to the working years of the workers. Pay a month's salary every year For more than six months but less than one year, one month shall be paid; Less than six months, half a month's salary.

Legal basis:

According to Article 87 of the Labor Contract Law, if an employer dissolves or terminates the labor contract in violation of the provisions of this law, it shall pay compensation to the laborer twice the economic compensation standard stipulated in Article 47 of this law.

Article 5 of the Special Provisions on Labor Protection of Female Employees stipulates that an employer shall not reduce the salary, dismiss, terminate the labor or employment contract of a female employee due to pregnancy, childbirth and breastfeeding.