Can female employees be appropriately reduced their salary during pregnancy, birth, and lactation?

Many companies believe that female employees have no way to work normally during pregnancy, delivery, and breastfeeding, especially during maternity leave, and they cannot provide any labor for the company at all. Therefore, the company has no reason to pay wages.

So, is this statement standing legally?

Wang is the sales of a real estate company. After working in the company for six years, the sales performance is outstanding, his career is very strong. Even during pregnancy, he often insists on work.

During the period of pregnancy, Wang suddenly discovered that the company’s salary was half less.Because according to the "Labor Contract", her base salary was 8,000 yuan. During the maternity leave, the company only gave her 4,000 yuan per month.

However, Wang thought that during the maternity leave, after all, he did not provide labor to the company. It is understandable that the company pays less salary for himself, so it is the case.

Soon after giving birth, Wang returned to work again, but the company still did not pay her salary at a base salary of 8,000 yuan.The company’s reason was that Wang delayed his work during breastfeeding, and did not have 8 hours in actual working hours.

The company’s ruthless approach made Wang feel very chilling, and remembered that he was deducted from salary during maternity leave. In his anger, he brought the company to the Labor Arbitration Commission.

The Labor Arbitration Commission believes that during the "third phase" period, the company should pay the wages of workers in full on time.The company’s illegal evidence was conclusive, and eventually supported Wang’s arbitration request.

Regarding the salary of the "third phase" female employee, Article 5 of the State Council’s "Special Regulations for Labor Protection of Female Workers" stipulates: "The employer shall not reduce their wages, dismiss, dismiss the labor or hire by the female employee’s pregnancy, fertility, breastfeedingcontract."

This law stipulates very clearly. For the third phase of female employees, the employer must not reduce the wage standard, otherwise it will be a disguised deduction salary.

However, in practice, if the unit pays social insurance according to law, employees can enjoy maternity allowance during maternity leave, and the unit may not need to pay the corresponding salary.

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