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What are the legal provisions for the expiration of the labor dispatch contract for pregnant women?
1. What are the legal provisions for the expiration of the labor dispatch contract for pregnant women? Some workers may conclude labor contracts with enterprises and institutions, and some workers are still working after the expiration of the labor dispatch contract. On this issue, whether and how to compensate workers depends on the specific situation. It depends on whether the laborer or the enterprise or institution proposes to terminate the labor contract. In the relationship between labor dispatch and employment, there are three parties, namely the laborer, the employer and the employer, and the laborer and the employer establish a labor contract. The laborer is sent to work in the employing unit, and the employing unit signs a labor dispatch agreement with the employing unit. I don't know. Do you mean that your contract with the employer, that is, the labor dispatch company, has not been renewed? Or is the labor dispatch contract between the labor dispatch company and the employer, that is, your dispatched unit not renewed? In the latter case, if the labor dispatch contract is not renewed upon expiration, the employer has the right to return you to the employer, and the employer will arrange a new job for you. If it is the former, the problem is more complicated. If it is not renewed, both parties shall regard it as a factual labor relationship. If you don't renew or continue to work, it depends on which party proposes to terminate the labor contract and what are the specific reasons. This problem is more complicated. Economic compensation: calculation standard of economic compensation Article 47 Calculation of economic compensation Economic compensation shall be paid to workers according to the standard of paying one month's salary every full year. 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. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest 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 workers in the twelve months before the dissolution or termination of the labor contract. II. Wage calculation standard in compensation As for the wage calculation standard of economic compensation, according to Article 1 1 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts, "the wage calculation standard of economic compensation refers to the average wage of workers 12 months before the termination of labor contracts under the normal production conditions of enterprises." Regarding the scope of "salary" in the above clauses, according to Article 53 of the Opinions on Implementing the Labor Law of People's Republic of China (PRC), the "salary" in the Labor Law refers to the labor remuneration paid directly by the employer to its employees in monetary form according to relevant state regulations or labor contracts, generally including hourly wages, piece-rate wages, bonuses, allowances and subsidies. On the wage calculation standard of economic compensation, the most confusing and controversial place is whether the wage standard for calculating economic compensation includes overtime pay. According to the above regulations, under normal production conditions, overtime pay paid to employees is an integral part of wages, and the wage standard for calculating economic compensation should include overtime pay.
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