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How to calculate the maternity leave salary if the company doesn't buy social security?
Social security for small maternity leave is not salary, but maternity allowance. According to Article 8 of the Special Provisions on Labor Protection for Female Employees: The maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to 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. Article 8 of the Special Provisions on Labor Protection of Female Workers
Legal objectivity:
Article 5 of the Special Provisions on Labor Protection of Female Workers, the employing unit shall not reduce the salary, dismiss or terminate the labor or employment contract of female workers because of pregnancy, childbirth and breastfeeding. Article 54 of the Social Insurance Law of People's Republic of China (PRC) * * * If the employer has paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; Unemployed spouses of employees enjoy maternity medical expenses in accordance with state regulations. The required funds are paid from the maternity insurance fund. Maternity insurance benefits include maternity medical expenses and maternity allowance.
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