Job Recruitment Website - Social security inquiry - Why doesn't the unit buy maternity insurance?
Why doesn't the unit buy maternity insurance?
There are generally three reasons why an organization does not pay maternity insurance, namely: 1. After paying the insurance, the maternity insurance department will not reimburse it; 2. neither paying insurance nor detaining employees to safeguard the legitimate rights and interests of employees; 3. After the employee resigned, the employer found that he failed to pay (stop paying) the insurance. The lawyer reminded that it is against the relevant laws of our country that the unit does not pay maternity insurance. According to the laws of our country, the employer shall handle labor security insurance (endowment insurance, work injury insurance, medical insurance, unemployment insurance, maternity insurance) for employees according to law, which is the compulsory obligation of the unit. In other words, it is illegal for employers not to pay social insurance, although there are three insurances in some places, only medical work-related injuries and old-age care. Nevertheless, female employees can apply to the unit to protect their right to maternity insurance during pregnancy. When the unit refuses to perform the rights protection applied by employees, female employees have the right to complain to the social insurance management department (maternity insurance management department).
Maternity insurance reimbursement conditions:
The Regulations on Maternity Insurance clearly stipulates: Article 10: Female employees who meet the following conditions shall enjoy maternity insurance benefits;
(a) continuous service for more than one year;
(2) Marriage and childbearing conform to the provisions of the Civil Code and relevant laws and regulations.
In addition, only those who have paid social security 12 months continuously (the interruption is not more than 3 months, which is regarded as continuous) and still pay social security one month before giving birth can be reimbursed 100% of the national standard. If you have been interrupted for more than 3 months now, it means that the social security paid before is regarded as interruption, and it takes 12 months to reimburse 100% of the national standard.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 17 of the Labor Contract Law of People's Republic of China (PRC) (revised 20 12) shall contain the following clauses: (1) Name, domicile and legal representative or principal responsible person of the employing unit; (2) The name and address of the laborer and the number of the resident identity card or other valid identity documents; (3) The term of the labor contract; (4) Work content and work place; (five) working hours and rest and vacation; (6) Labor remuneration; (7) Social insurance; (eight) labor protection, working conditions and occupational hazard protection; (nine) other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.
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