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Can a job seeker get a job if she is pregnant?
With the progress of the world, people's three views are more and more correct. People's awareness of equality between men and women has gradually awakened, and more and more feminists have emerged. At the same time, women are not the only ones who need to play a role. There are countless strong women in the workplace, but women sometimes want children. At this time, questions followed, including: Can a job seeker still find a job if she is pregnant? Listen to my answer.
1. Can a job seeker get a job if she is pregnant?
Pregnant women can be employed, but the company still has the right to dismiss them if they do not meet the regulations.
According to the provisions of Article 39 of the Labor Contract Law, the employer may terminate the labor contract without paying economic compensation in any of the following six situations:
1. It is proved that it does not meet the employment conditions during the probation period.
2, a serious violation of the rules and regulations of the employer.
3, serious dereliction of duty, corruption, causing great damage to the employer.
4. The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it.
5. By means of fraud, coercion or taking advantage of a person's danger, the other party is made to conclude or change a labor contract against its true meaning, thus making the labor contract invalid.
6. Being investigated for criminal responsibility according to law.
This regulation is aimed at all workers, regardless of whether they are in the "third stage". Workers can be dismissed for free as long as they have any behavior in the above six articles and the enterprise has sufficient evidence to prove it!
Second, pregnancy leave.
One is maternity leave, and wages are paid according to sick leave.
Maternity leave is certified by the doctor, so the salary is paid as sick leave.
Second, prenatal leave, 80% salary.
If you are pregnant for more than 7 months and have a work permit, you can take two and a half months' prenatal leave upon your own application and the approval of the unit. For some cases that must be given leave according to local laws and regulations, the unit shall approve the leave, and the salary shall be paid according to 80% of the employee's salary standard in the previous month.
Third, maternity leave and maternity allowance.
In areas where social pooling of maternity insurance is implemented, the payment standard shall be paid according to the average monthly salary of employees of this enterprise in the previous year; In areas where social pooling of maternity insurance is not implemented, maternity allowance is paid by enterprises or units, and the standard is the basic salary and price subsidy of female employees before childbirth.
Maternity leave includes: 98 days and 30 days (late childbirth) 15 days (dystocia) 15 days (multiple births for each additional baby), and receive maternity allowance. Maternity allowance is a subsidy paid by the state to enterprises during maternity leave, but its calculation method is related to the salary base declared by enterprises in the social security department, so the actual maternity allowance is not equal to maternity leave salary, so there are regulations: maternity leave salary and maternity allowance are higher, in short:
1. If the employee's maternity leave salary (that is, the employee's actual monthly salary standard, the same below) is higher than the maternity allowance, then the employee will be paid according to the maternity leave salary, and the maternity allowance will be returned to the enterprise.
2. If the employee's maternity leave salary is lower than the maternity allowance, it can be paid to the employee according to the maternity leave salary first, and then make up the difference between the maternity leave salary and the employee, and the rest can be returned to the enterprise.
Fourth, breastfeeding leave is paid at 80% of the salary for six and a half months, and the extended period is paid at 70%.
After giving birth, if a female worker has difficulties and a work permit, she can apply for breastfeeding leave for six and a half months with the consent of the unit. The salary is 80% of the employee's salary in the previous month, and the extension period is 70%.
Through the above comprehensive explanation, we have realized that job seekers can be employed if they are pregnant. The answer to this question also makes us have a clearer understanding of the fact that women are becoming an indispensable role in society. Women have never been attached to the existence of others, but this consciousness has just awakened. I believe that in the near future, equality between men and women will eventually be realized. I hope my answer is helpful to you.
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