The maternity allowance will first be unified into the company's account, and then the company will transfer it to your account in the form of salary according to the specific situation. If you have confirmed that the maternity allowance has been paid into the company's account, but you have not received the maternity allowance from the company for a long time, you can first confirm with the company's leader and ask what is the reason why the maternity allowance has not been paid. You can report to the local labor supervision department or file a labor arbitration, and if you can't solve the problem, you can file a lawsuit. In case of maternity insurance, the maternity allowance during maternity leave shall be paid by the maternity insurance fund. In case of no maternity insurance, the employer shall pay the salary of female employees before maternity leave.
What are the consequences of the company not paying maternity allowance?
1. In general, the company does not need to pay maternity allowance. If the company does not participate in maternity insurance for employees on maternity leave, it needs to pay maternity leave wages. The consequence of not paying maternity leave is that workers can negotiate with them, complain to the Labor Bureau, or apply for arbitration according to law. To sum up, if the unit has paid the basic salary, bonus, etc. during the maternity leave, then the maternity allowance can not be given. If the maternity allowance is higher than the above amount, the employer shall pay the corresponding difference. Special Provisions on Labor Protection of Female Employees
Article 8 The maternity allowance for female employees during maternity leave shall be paid from the maternity insurance fund according to the average monthly salary of the employees of the employing unit in the previous year, if they have participated in maternity insurance; For those who do not participate in maternity insurance, the employer shall pay them according to the standard of pre maternity wages of female employees.
