Hold a post at Beijing Ms. Wang of some electron company rests during maternity leave, the company did not grant sum salary and did not submit an expense account its are pregnant, the medical treatment charge of childbirth, ms. Wang tells the company of place hold post the court. Recently, court of the first intermediate people sentences Beijing during your company pays Ms. Wang maternity leave, sum salary reachs the economy of 25% to compensate gold; Submit an expense account charge of partial medical treatment.

As we have learned, ms. Wang works at entering company of Beijing some electron in March 2002, assume post of general manager assistant, but both sides did not sign labor contract. Began in January 2003, the monthly wages check and ratify of Ms. Wang is 3600 yuan, among them base pay 1450 yuan, performance pay reachs all sorts of allowance to add up to 2150 yuan. In January 2004, ms. Wang applies for to rest to the company maternity leave, get allowing, undertook working having sex at morrow. The maternity leave of Ms. Wang period to came in Feburary 2004 of the same age in June. However, the company rests in its paid only during maternity leave in Feburary maternity leave salary 1450 yuan; Come since March in June, company with countervail king lady for the loan from the company, did not send knock off endowment.

Ms. Wang arbitrates to labor committee applies for the arbitration, backward the court is sued, refuse to obey because of paying its salary amount to ruling, court decision, ms. Wang appeal reachs city one quadrangle.

One quadrangle classics thinks after cognizance: Although Ms. Wang and company did not sign labor contract, but factual labor already was formed to concern between both sides, bilateral right obligation suffers labor law law to be adjusted normatively. According to relevant law provision, laborer ought to pay salary lawfully in unit of person of legal and off daily expense. Salary includes hourly wages, piece rate, bonus, allowance and allowance. Laborer is borne or carry out family planning operation to be enjoyed lawfully off during, unit of choose and employ persons ought to pay his salary, labor contract, collective contract all did not agree, according to him laborer salary of normal labor due decides. Reason this company ought to according to the salary during during working normally before Ms. Wang maternity leave, due salary pays his maternity leave. Because performance pay, room fills, traffic allowance, communication allowance includes Ms. Wang payroll inside, belong to the salary sex income during working normally before its maternity leave.

Accordingly, one quadrangle final judgment is sentenced your this company pays Ms. Wang salary 13037 yuan reach the economy of 25% to compensate gold 3259 yuan; The company submits an expense account for Ms. Wang be pregnant, the expenses such as childbirth medical treatment totals more than yuan 5300.