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Compensation standard for dismissal of pregnant women in Shenzhen
Compensation standard for dismissing pregnant women. If a female worker is pregnant, the employer shall not terminate the labor contract in accordance with Articles 40 and 41 of the Labor Contract Law. If the employer dissolves or terminates the labor contract in violation of the law, and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation to the employee at twice the economic compensation standard.
Legal objectivity:
Article 42 (4) of the Labor Contract Law stipulates that if a female employee is pregnant, giving birth or breastfeeding, the employer shall not terminate the labor contract. If the employer terminates the labor contract in violation of the law, it shall pay compensation to the laborer in accordance with twice the economic compensation standard. The standard of economic compensation is to pay one month's salary every year according to the number of years the laborer has worked in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. The monthly wage refers to the average wage of workers in the twelve months before the dissolution or termination of the labor contract.
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