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Anonymous users2024-02-06If the salary is reduced without consultation with the employee, the employee may claim to terminate the labor contract and claim economic compensation on the grounds that the employer has "failed to pay labor remuneration in full and in a timely manner".
Labor Contract Law
Article 38 An employee may terminate a labor contract under any of the following circumstances:
2) Failure to pay labor remuneration in full and in a timely manner;
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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Anonymous users2024-02-051. According to the "Regulations on Work-related Injury Insurance", there are the following provisions:
Article 36 Where an employee is identified as having a Grade 5 or Grade 6 disability due to work-related disability, he or she shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance**, and the standard is: 18 months' salary for grade 5 disability and 16 months' salary for grade 6 disability;
2) Retain the labor relationship with the employer, and the employer shall arrange appropriate work. If it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis, the standard is: 70% of the salary for the fifth grade disability and 60% of the salary for the sixth grade disability, and the employer shall pay all the social insurance premiums due to the employee in accordance with the regulations.
If the actual amount of disability allowance is lower than the local minimum wage, the employer shall make up the difference.
Upon the request of the injured employee, the employee may terminate or terminate the labor relationship with the employer, and the work-related injury insurance** shall pay a one-time medical subsidy for work-related injury, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
2. In the "Measures for the Implementation of the Regulations on Work-related Injury Insurance of Hebei Province", there is no clear provision on the resumption of work.
3. In the Labor Contract Law of the People's Republic of China, there is no clear provision on the salary for resumption of work.
4. In the Social Insurance Law of the People's Republic of China, there is no clear provision on the salary for resumption of work.
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Anonymous users2024-02-04Whether it is reasonable to transfer jobs and reduce wages after the resumption of work depends on whether there is a valid reason. In the event of a work-related injury, if the employee is incompetent for the job, the employer may adjust the employee's position, but in the event of a dispute between the two parties, the employer shall provide evidence to prove that the adjustment is fully reasonable. Under the following circumstances, an enterprise may unilaterally transfer an employee without consensus:
The worker is incompetent for the job; If a worker is sick or injured not due to work, he or she cannot perform his or her original job after the prescribed medical treatment period has expired. If an employee is injured in an accident due to work, or needs to suspend work to receive medical treatment for work-related injuries due to occupational diseases, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. The employer must first reach an agreement with the employee through consultation, and the unilateral adjustment of the position by the employer without the consent of the employee is invalid in principle.
If the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If the arbitral award is not satisfied, it may file a lawsuit with the people's court if it complies with the provisions of law.
Extended information: According to the relevant laws and regulations, after a work-related injury, it is illegal to transfer the company to work and reduce wages. The employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement.
Legal basis: Regulations on Work-related Injury Insurance
Article 33 Where an employee is injured in an accident or suffers from an occupational illness due to work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.
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Anonymous users2024-02-03During the period of medical treatment for work-related injuries, the employer shall pay the employee monthly wages according to the original treatment; After the end of the medical treatment period, if the employer arranges work, the salary shall not be reduced, and if it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis. If the employer adjusts the position or changes the treatment of the employee after the work-related injury, it needs to reach an agreement with the employee to make changes to the labor contract; It is illegal to unilaterally reduce the salary, and the worker can file a complaint with the local labor inspection brigade or apply to the labor dispute arbitration department for arbitration. Article 33 of the "Regulations on Work-related Injury Insurance" Article 33 If an employee is injured by hailstorm or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the unit to which he belongs on a monthly basis.
The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the Labor Ability Appraisal Committee at the level of a city divided into districts, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended, and the disability benefits shall be enjoyed in accordance with the relevant town-based provisions of this chapter.
Employees who are injured at work and still need to be injured after the expiration of the suspension period shall continue to enjoy the medical treatment of work-related injuries. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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Anonymous users2024-02-02During the period of medical treatment for work-related injuries, the employer shall pay the employee monthly wages according to the original treatment; After the end of the medical treatment period, if the employer arranges work, the salary shall not be reduced, and if it is difficult to arrange work, the employer shall pay the disability allowance on a monthly basis. If the employer adjusts the position or changes the treatment of the employee after the work-related injury, it needs to reach an agreement with the employee to make changes to the labor contract; It is illegal to unilaterally reduce the salary, and the worker can file a complaint with the local labor inspection brigade or apply to the labor dispute arbitration department for arbitration.
Legal basis
Article 33 of the Regulations on Work-related Injury Insurance Article 33 If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit to which he or she belongs on a monthly basis. The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the districted-city level labor and transportation ability appraisal committee, but the extension must not exceed 12 months.
After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury. If an injured employee who is unable to live on his or her own basis needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.
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