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The baby is just 4 months old. When I am at work, who will be awarded the divorce baby?

pub****322 Hubei Ezhou Child support consultation 2024.06.30 01:39:09 357 people read

My baby has just been 4 months divorce Who will the baby award

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Region: Hubei Wuhan Consultation answer: 12601

Some laws stipulate that if a baby is less than two years old, it will be awarded to the mother in principle, but there are also exceptions in principle, and other aspects of the situation of both men and women should be considered comprehensively.

2024-06-30 09:16:36 Reply

Hello, is it the salary payment during maternity leave or what is the reason for asking for leave now? What's the specific situation? Can you explain it in detail? You can contact me on the homepage and we will give you a timely reply.

1. The basic knowledge of the document The registration form for applying for unemployment insurance benefits refers to the documents filled in by the unemployed to apply for unemployment insurance benefits and other unemployment insurance benefits. According to the Measures for Applying for Unemployment Insurance Benefits, unemployed persons who meet the following conditions can apply for unemployment insurance benefits: first, employment is interrupted for reasons other than their own; Second, the unit and the person have fulfilled the payment obligation for 1 year; The third is that they have applied for employment registration and have employment requirements. Among them, those who interrupt employment not because of their own will refer to the following persons:
① Terminating the labor contract;
② The employer terminates the labor contract;
③ Dismissal, expulsion and dismissal from the employing unit;
④ Terminating the labor contract with the employer in accordance with Items 2 and 3 of Article 32 of the Labor Law of the People's Republic of China;
⑤ Laws and administrative regulations provide otherwise. The unit to which the unemployed person belongs before unemployment shall report the name list of the unemployed person to the agency handling the unemployment insurance business for filing within 7 days from the date of termination or dissolution of the labor contract, and provide the certificate of termination or dissolution of the labor contract, the certificate of participation in unemployment insurance and payment of fees and other relevant materials as required. Unemployed persons shall apply for unemployment insurance compensation at the agency handling the unemployment insurance business of their unit within 60 days from the date of termination or cancellation of the labor contract. Unemployed persons who apply for unemployment insurance compensation shall fill in the Application Form for Unemployment Insurance Compensation and show the following supporting materials:
① Personal identity certificate;
② The certificate issued by the employer to terminate or dissolve the labor contract;
③ Unemployment registration and employment certificate;
④ Other materials specified by the provincial labor and social security administrative department. Unemployed persons who receive unemployment insurance compensation should go to the agency to receive it monthly, and should truthfully explain to the agency the situation of job hunting, receiving vocational guidance and vocational training. Unemployed persons who get sick and seek medical treatment during the period of receiving unemployment insurance compensation may apply to the agency for medical subsidy according to regulations. If an unemployed person dies during the period of receiving unemployment insurance benefits, his or her family members may, with the death certificate of the unemployed person, the identity certificate of the recipient, and the certificate of relationship with the unemployed person, receive a one-time funeral subsidy from the agency as well as the pension for his or her supporting spouse and immediate relatives. Unemployed persons who have not received unemployment insurance benefits in the current month may receive unemployment insurance benefits from their family members. During the period of receiving unemployment insurance compensation, the unemployed shall actively seek jobs and receive vocational guidance and training. Unemployed persons may enjoy preferential policies such as reduction or exemption of employment service fees according to regulations when seeking employment during the period of receiving unemployment insurance benefits. Unemployed persons who, during or after the period of receiving unemployment insurance benefits, meet the conditions for enjoying the minimum living security for local urban residents may apply for enjoying the minimum living security for urban residents in accordance with regulations. Unemployed persons who have one of the following circumstances during the period of receiving unemployment insurance compensation shall stop receiving unemployment insurance compensation and at the same time stop enjoying other unemployment insurance benefits:
① Re employed;
② Should conquer the military service;
③ Immigrated abroad;
④ Enjoy basic pension insurance benefits;
⑤ Having been sentenced to prison for execution or undergoing reeducation through labor;
⑥ Refusing to accept the work introduced by the department or institution designated by the local people's government without justified reasons;
⑦ Other circumstances stipulated by laws and administrative regulations. The handling agency shall, within 10 days from the date of accepting the unemployed person's application for receiving unemployment insurance compensation, review and identify the applicant's qualifications, and inform the applicant of the results and relevant matters. Unemployment insurance benefits shall be paid from the date of unemployment registration for those who pass the examination.

First of all, rescission of the contract is different from termination of the contract. If the contract has not expired, it is dissolved; if the contract is not renewed, it is terminated. If the laborer proposes to cancel or terminate the contract, there is no compensation according to the regulations. If the employer proposes not to renew the contract, the compensation should be paid according to the regulations when the contract is terminated. If the employer illegally terminates the contract before the contract expires, it should pay compensation according to the double compensation standard.

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