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Sick pay is available, but bonuses may not be available.
Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa [1995] No. 309).
59. During the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant provisions during the specified medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard
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Legal Analysis: It is illegal for the company not to pay wages during sick leave. During the statutory medical treatment period, the employer shall determine the payment method at its own discretion in accordance with not less than 80% of the local minimum wage.
The medical treatment period refers to the time limit within which an employee of an enterprise may not terminate the labor contract due to illness or non-work-related injury, stop working, receive medical treatment and rest. If the medical treatment period is three months, the accumulated sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated according to the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.
Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, the state stipulates that outpatient sick leave shall be held for a maximum of a few days, and a medical treatment period of three months to 24 months shall be granted according to the actual number of years of work and the number of years of work in the unit: (1) if the actual working experience is less than 10 years, and if the actual working experience is less than 5 years, it shall be three months; Six months for more than five years.
2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and the working experience is less than 6 months; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.
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It is not possible to be paid without pay during sick leave. Sick leave pay for illness or non-work-related injury = (calculation base number of monthly pay days) calculation coefficient number of sick leave days. During the period of illness or non-work-related injury**, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant regulations during the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the lowest wage standard.
Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China.
During the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant regulations within the prescribed medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.
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It is not possible to be paid without pay during sick leave. During the statutory medical treatment period, the employer shall determine the payment method at its own discretion in accordance with not less than 80% of the local minimum wage. The medical treatment period refers to the time limit within which an employee of an enterprise may not terminate the labor contract due to illness or non-work-related injury, stop working, receive medical treatment and rest.
Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China During the period of illness or non-work-related injury, the enterprise shall pay the employee sick leave wages or sickness relief expenses in accordance with the provisions of the relevant model books during the prescribed medical treatment period, and the sick leave wages or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.
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Legal Analysis: During sick leave, it is not possible to pay the number of employees. If the employer does not pay wages during the sick leave, the labor administrative department shall order it to pay within a time limit; if the payment is not made within the time limit, the employer shall be ordered to pay additional compensation; Employees can also apply to the Labor Dispute Arbitration Commission for arbitration to protect their rights.
Legal basis: Article 2 of the Regulations on Paid Annual Leave for Employees provides that employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees and other units who have worked continuously for more than one year are entitled to paid annual leave. The employer shall ensure that the employee is entitled to annual leave.
Employees who are on annual leave are entitled to the same salary as they would during normal work.
Article 3 Employees who have worked for 1 year but less than 10 years shall have 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave.
Article 4 Employees who have any of the following circumstances shall not be entitled to the annual leave of the current year:
1) Employees enjoy winter and summer vacations in accordance with the law, and the number of days of vacation exceeds the number of days of annual leave;
2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations;
3) Employees who have been working late for 1 year but less than 10 years, and who have taken sick leave for more than 2 months;
4) Employees who have worked for 10 years but less than 20 years and take sick leave for more than 3 months;
5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.
Article 45 of the Labor Law stipulates that the State implements a paid annual leave system. Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.