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How to calculate the compensation for dismissal during pregnancy? Is there any compensation in three phases?

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How to calculate the compensation for dismissal during pregnancy? Is there any compensation in three phases?


        

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  • 2024-06-14 06:00:49

    How to calculate the compensation for dismissal during pregnancy? Is there any compensation in three phases? How to calculate the compensation for dismissal during pregnancy? Is there a three period compensation? During pregnancy, dismissal is not allowed. Compensation is not a three period compensation. Illegal dismissal is double economic compensation. The specific provisions are as follows: Article 42 of the Labor Contract Law of the People's Republic of China stipulates that if a worker has one of the following circumstances, the employer shall not comply with Article 40 of this Law The provisions of Article 41 terminate the labor contract: (4) A female employee is pregnant, giving birth or breast-feeding; Article 47 The economic compensation shall be paid to the workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary. If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years. The monthly wage mentioned in this article refers to the average wage of the laborer for the twelve months prior to the dissolution or termination of the labor contract. Article 87 If an employing unit cancels or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the economic compensation standard specified in Article 47 of this Law. Do you understand this explanation?

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