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What if the company stops social security during maternity leave?
The social security expenses during maternity leave are generally borne by the employer and the employee himself, and can be paid in proportion to the working years. Generally, it is collected and remitted by social security agencies. Workers can enjoy maternity leave of not less than 14 weeks, including 2 weeks before delivery; In case of dystocia, maternity leave will be increased by 2 weeks; In case of multiple births, the maternity leave will be increased by 2 weeks for each additional baby. Female workers who have miscarried within 4 months of pregnancy (including induced abortion) shall enjoy maternity leave of not less than 2 weeks; Abortion (including induced abortion) after 4 months of pregnancy can enjoy maternity leave of not less than 6 weeks.
Legal objectivity:
Article 63 of the Social Insurance Law of People's Republic of China (PRC), if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.
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