Case Summary 

    Ms. R joined A Company in October 2019 and signed a 3-year fixed-term labor contract. After the expiration of the contract, she renewed the contract with the applicant in October 2022, with the contract period from October 2022 to October 2025. Ms. R was dispatched by A Company to B Company to undertake UI design work after she joined the company. 

    Since joining the company, Ms. R has been diligent and conscientious, obeying the company's work arrangements and completing her duties meticulously. However, since March 2023 when she became pregnant, Company A has repeatedly informed Ms. R to leave the current project team in Beijing and arranged for her to report to the project in Fujian in violation of the terms of the labor contract. After Ms. R refused the unreasonable company arrangements, Company A required her to be on leave starting from May 2023. Ms. R clearly refused and clocked in at the Company A's office as required by Company A, but Company A failed to pay her labor remuneration as agreed by both parties. 

    Furthermore, Ms. R began her maternity leave in December 2023 and gave birth to a child. Due to the fact that Company A failed to contribute maternity insurance premiums for Ms. R according to her salary standard, the maternity allowance she claimed during her maternity leave was lower than the salary standard of the applicant. Ms. R ended her maternity leave and returned to work in June 2024, but Company A still failed to pay her labor remuneration as agreed.

The lawyer's intervention 

    After failing to reach an agreement with A Company through multiple rounds of communication, Ms. R came to Beijing Rudong Law Firm for help. 

    The Beijing Ruduo Law Firm has assigned Zhou Dongxue as the lawyer to handle this case.

    Lawyer Zhou Dongxue possesses profound legal theoretical knowledge and rich experience in litigation and non-litigation practices. Since her practice, she has been concentrating on consulting and dispute resolution related to company business, contract disputes, infringement disputes, marriage and family issues, and labor disputes. She has served as the legal advisor for several companies and has accumulated considerable legal service experience in this field. She has also provided clients with comprehensive and high-quality legal services. 

    She has handled numerous complex and difficult cases including corporate, contractual, marital and family, and labor disputes, safeguarding the legitimate rights and interests of clients.

Case-handling Process 

   After receiving this case, Zhou Dongxue Lawyer conducted a comprehensive and meticulous analysis of the case between Ms. R and Company A. He believed that since Company A failed to pay maternity insurance for Ms. R according to her salary standard, the maternity allowance she claimed during her maternity leave was lower than her salary standard. Therefore, Company A should make up for the shortfall. After actively collecting evidence, Zhou Dongxue Lawyer made full preparations for the court hearing. During the mediation conducted by the Labor and Personnel Dispute Arbitration Committee of Haidian District, Beijing, with the aim of safeguarding the client's interests, he argued rationally and insisted on his position. Through multiple rounds of in-depth communication and repeated negotiations with Company A, the mediation amount gradually increased from the initial 28,000 yuan to 90,000 yuan. Eventually, Ms. R and Company A reached a settlement. Company A paid a one-time compensation of 90,000 yuan to Ms. R, and Rui De Law Firm successfully safeguarded the legitimate rights and interests of the client!

Lawyer's Reminder

    The law provides special protection for female employees during special periods such as pregnancy and maternity leave. During maternity leave, female employees should be regarded as providing normal labor within the legal range and their wages should not be reduced. Our country implements the maternity insurance system, and employers have the obligation to pay maternity insurance premiums for their employees. In the case of having participated in maternity insurance, during maternity leave, maternity allowances are paid by the maternity insurance fund, and the standard is the average monthly salary of the employer's employees in the previous year. If the maternity allowance is lower than the salary during maternity leave, the difference should be made up by the employer; if it is higher than the salary standard, the employer shall not deduct it. In the case of not participating in maternity insurance, employers need to pay wages according to the standard of the employee's salary before maternity leave. Here, the salary is the salary that the female employee should receive under normal attendance conditions, including basic salary, bonuses, allowances, etc.

    If a worker encounters situations such as a reduction in wages during maternity leave or unreasonable distribution of maternity allowances, they should promptly retain relevant evidence such as the labor contract, wage slips, and payment records. They should bravely use legal weapons to safeguard their legitimate rights and interests and consult professional lawyers in a timely manner. Lawyers will provide professional legal opinions and assistance based on specific circumstances and resolve disputes through legal channels to ensure that the legitimate rights and interests of female employees are fully protected.