Legal Lecture Hall: Non Payment Of Maternity Insurance Allowance

With the full liberalization of the two child policy, the judge reminded employers to pay maternity insurance for workers in accordance with the law, effectively guaranteeing the rights of female workers to bear children, avoiding being penny wise and pound foolish; women workers should have a comprehensive understanding of national policies and regulations, and protect their rights to enjoy maternity insurance benefits through lawful and reasonable ways.

The state has put forward a comprehensive implementation of the policy that couples can have two children. After the implementation of the policy, there are nearly one hundred million couples eligible for re birth in the country.

For this reason, female workers will face some problems related to maternity leave and maternity allowance. The issue of maternity allowance is not only closely related to their own interests, but also affects the daily management order of employers.

Ms. Lee once worked as a staff member of the joy company, and has served as a Housekeeping Supervisor since 2009, with a monthly salary of 4000 yuan.

In October 15, 2011, Mrs Lee gave birth to one daughter and took maternity leave until February 22, 2012.

The joy company only paid pension insurance and work-related injury insurance for Ms. Lee, and did not pay maternity insurance for Ms. Lee.

During her maternity leave, Ms. Lee did not pay maternity allowance to Ms. Lee.

To this end, Ms. Li sued the court to request the joy company to pay maternity allowance during maternity leave.

After hearing the trial, the court held that the legal obligation of the employer should be paid according to the law, and the company did not pay maternity insurance for Ms. Lee.

Failure to enjoy fertility

Happy company should pay maternity allowance to Ms. Lee.

Finally, the court decided that the happy company would pay maternity allowances to Ms. Lee based on her monthly wage criteria.

MS Gao worked as a senior software engineer in the 7 month of 2008. The monthly salary is 10000 yuan.

Although the company has been paying maternity insurance for Ms. Gao, the payment base is lower than the actual wage standard of Ms. Gao.

In May 1, 2014, a male baby in caesarean section of high lady, who had a maternity leave from May 1, 2014 to September 20, 2014, spent 143 days. After the social security fund was calculated, the fertility allowance for Ms. Gao was 16256.93 yuan, and now she was paid by MS.

Ms. Gao believed that the company failed to pay the maternity allowance according to its normal wage standard, so she asked the company to pay the difference of maternity allowance.

After hearing the trial, the court held that, according to the fifteenth provision of the Beijing enterprise employees' maternity insurance, the maternity allowance is the wages of the female workers during their maternity leave, and the allowance for childbearing allowance is lower than that of the wage standard. The difference is partly made up by the enterprises.

Ms. Gao worked for a monthly wage of 10000 yuan during the working period. Because the company failed to pay maternity insurance in accordance with the above base number, the balance of maternity allowance should be supplemented by the company.

Finally, the court decided that the company should pay the difference of the fertility allowance according to the standard of 10000 yuan per month.

Ms. Qi is the staff of the company of Hui Ren, the president of marketing of the company, the monthly salary standard is 15000 yuan.

In February 2014, Ms. Qi confirmed that she was pregnant. Since May 1, 2014, she and Ms. Qi signed the leave for leave agreement, the two sides agreed that Ms. Qi had to pay maternity leave from May 1, 2014. The company paid 1248 yuan monthly living expenses to Ms. Qi. Among them, fifth agreed: "Party B (MS Qi) returned to normal after going to work normally, and gave (wage standard childbearing allowance) yuan / month the number of fake months and bonus. The bonus will be issued in half a year for two years, 2/3 in the first year and 1/3 in second years."

In October 2014, Miss Qi gave birth to a baby boy for 143 days. Her birth allowance was paid to Ms. Qi by the social security fund.

MS Qi did not return to work after her maternity leave.

Hui Ren believes that the difference between fertility allowance is stipulated in the leave for leave agreement between the two sides.

And the time of payment, Ms Qi did not work for the company after the maternity leave, so the company did not have to pay the difference of maternity allowance.

After hearing the trial, the court held that the maternity allowance is the statutory right for female workers to enjoy maternity leave, which is the legal right that female workers should enjoy. However, the fifth agreement between Hui Ren company and Ms. Qi signed the leave to post agreement. In essence, the above rights are changed into enterprise awards, and the obligation to add "normal work" is contrary to the above laws and regulations.

Finally, the court decided that the company would pay the balance of maternity allowance to Ms. Qi according to the average wage standard of the year before her birth.

Ms. song entered thousands of Companies in 6 months in 2008.

In May 2014, Ms. song gave birth to a daughter and took maternity leave for 98 days.

Thousands of companies have paid maternity insurance for Ms. song. The social welfare center has calculated that the total fertility allowance for Ms. song is 10384.73 yuan.

Thousands of companies believe that Ms. song is not in line with the national two child birth policy, so she did not pay the above maternity allowance to Ms. song.

In November 2014, Ms. song filed a resignation with thousands of companies, leaving the reasons for failing to pay wages during maternity leave, and on the grounds that thousands of companies were required to pay economic compensation for the termination of labor relations.

After hearing the court, the court held that thousands of companies did not pay maternity allowances to Ms. song, which did not belong to the period of maternity leave.

Ms. song put forward his resignation on the grounds mentioned above, which is in line with the provisions of the thirty-eighth article of the People's Republic of China labor contract law, which does not pay in full and in time, and thousands of companies should pay the economic compensation for labor relations to Ms. song.

According to the fifteenth provision of the Beijing enterprise employees' maternity insurance, the maternity allowance is the wages for female workers during their maternity leave, and the allowance for childbearing allowance is lower than that of the wage standard. The difference is partly made up by the enterprises.

The maternity allowance stipulated in the above laws and regulations is a statutory treatment that can be enjoyed by female workers during their childbearing period. The employer fails to pay in full, refuse to pay, and stipulate payment terms, which are contrary to the above laws. The employer should bear the corresponding payment obligations.