Is the salary during the work related injury calculated on the basis of the basic salary or after ov

The wages of the injured employees during the period of suspension of work with pay shall be calculated and paid according to the original wages excluding overtime pay, and shall be paid by the employer on a monthly basis.

According to Article 33 of the Regulations on Work-related Injury Insurance, employees who are injured at work shall be paid monthly by their units during the period of work-related injury, including hospitalization and post-discharge recuperation, according to the wages and benefits during the normal working period before the accident injury.

The period of suspension with pay shall be confirmed by the written certificate of the ** work-related injury medical institution, and if it is one year, it shall be confirmed by the Labor Ability Appraisal Committee.

Regulations on Work-related Injury Insurance

Article 33 Where an employee is injured in an accident 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 employer 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 districted city level, 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 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 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.

There are three main types of standards for economic compensation, and different standards should be applied to the termination of an employment contract under different circumstances:

1. The 12-month cap standard, when this standard is applied, the employer shall pay the employee an economic compensation equivalent to one month's salary for every full year according to the employee's years of service in the employer, but not more than 12 months. Even if you have worked for more than 12 years, you can only be compensated for 12 months' salary. If the working time is less than one year, the severance shall be paid at the rate of one year.

There are two main situations: first, the employer terminates the labor contract by consensus of the parties to the labor contract; Second, if the worker is incompetent for the job, and the employer terminates the labor contract if the worker is still incompetent after training or job adjustment.

2. There is no upper limit, and the employer will pay the employee an economic compensation equivalent to one month's salary for every one year of service in the employer, and there is no maximum limit. That is, how many years you have worked, you can get how many months of salary you can be compensated. There are two main situations that apply:

(1) Where there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract after consultation, and the employer terminates the labor contract; Second, the employer is on the verge of bankruptcy and undergoing statutory rectification, or serious difficulties arise in its production and operation conditions, and it is necessary to reduce its personnel.

3. In addition to the economic compensation, the employer also pays medical compensation. Main application: The labor contract is terminated if the employee is sick or injured not due to work, and the labor appraisal committee confirms that he cannot perform the original job or the work arranged by the employer.

The employer shall pay severance equivalent to one month's salary for each full year of service in the employer, and shall also pay medical subsidies of not less than six months' salary. For those who are seriously ill and terminally ill, the medical subsidy should also be increased, and the increase in the serious illness shall not be less than 50 of the medical subsidy fee, and the increase in the terminal illness shall not be less than 100 of the medical subsidy fee.

How to calculate wages during a work-related injury in a unit?

Because it should be counted as 700, because you didn't work overtime, if you work overtime, even if you work 900, your basic salary is 700, what do you say?

Legal analysis: The wages of work-related injuries do not include overtime pay, and the "original salary" of the work-related injury employee during the period of suspension of work and pay refers to the welfare benefits that should be enjoyed under normal attendance. This includes hourly or piece-rate wages, bonuses, allowances and allowances, etc., but does not include overtime pay, which is remuneration for working extended hours.

Legal basis: Hengxiang: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 33 Weiji If an employee is injured in an accident or suffers from an occupational disease at 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 on a monthly basis.

It is paid according to the salary standard during the normal working period. According to Article 33 of the Regulations on Work-related Injury Insurance, the work-related injury salary is considered overtime pay, and the work-related injury period is called the period of suspension of work, which is called the period of suspension of work and salary. The period of suspension with pay for an injured employee shall be determined by the medical institution that has signed the service agreement for the worker's medical treatment, or the recuperation certificate issued by the work-related injury ** institution that has signed the service agreement.

If the period of suspension of work with pay exceeds 12 months, it shall be confirmed by the Labor Ability Appraisal Committee of the city divided into districts. The conclusion of the suspension period confirmed by the Labor Ability Appraisal Committee of the city divided into districts is the final conclusion.

Article 33 of the Regulations on Work-related Injury Insurance 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 with pay, and shall be paid by the employer on a monthly basis.

Is work-related injury counted as overtime pay Sometimes, although employees have already been with the industry and commerce, if the company requires all employees to work overtime during the work-related injury, it is inevitable that there will be disputes over overtime pay. So, is work-related injury counted as overtime pay? The following will answer for you, I hope it will be helpful to you.

Is work-related injury counted as overtime wages The "Regulations on Work-related Injury Insurance" stipulates that during the period of work-related injury of an employee, the original salary, benefits, and benefits remain unchanged, and the salary here should be recognized by the arbitration commission as his basic salary under normal circumstances. Overtime pay, in general, will be calculated when there are overtime activities, and there is no overtime during the ** period, so there will be no overtime pay problem.

Article 36 of the Labor Law of the People's Republic of China The State implements a system of working hours in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours. Article 40 of the Labor Law of the People's Republic of China Article 4 In any of the following circumstances, the employer shall pay the employee a wage remuneration higher than the wage for normal working hours in accordance with the following standards: (1) If the employee is arranged to work longer hours, the employee shall be paid a wage remuneration of not less than 150% of the wage; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

According to the National Bureau of Statistics' "Provisions on the Composition of Total Wages", the wages of employees include hourly wages, piecework wages, various allowances and subsidies, overtime pay, various bonuses, and wages paid under special circumstances. If the total salary of an employee is less than 60% of the average wage of the previous year in the province, municipality directly under the Central Government or autonomous region, the salary shall be assessed and paid according to 60% of the average salary of the employee in the province, municipality directly under the Central Government or autonomous region in the previous year; If it is higher than 300% of the average wage of the province, municipality directly under the Central Government or autonomous region in the previous year, the salary shall be assessed and paid according to 300% of the average wage of the province, municipality directly under the Central Government or autonomous region in the previous year. Article 33 of the "Regulations on Work-related Injury Insurance" Article 33 If an employee is injured in an accident due to work or suffers from an occupational disease and needs to suspend work to receive medical treatment for work-related injuries, the wages and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer 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 districted city level, but the extension shall not exceed 12 months.

The "original salary" of the work-related injury employee during the period of suspension of work and pay refers to the salary and benefits that should be enjoyed under normal attendance. It includes hourly wages or piece-rate wages, bonuses, allowances and subsidies, etc., but does not include overtime wages, which are considered to be overtime wages for extended working hours. Legal basis:

Article 3 of the Regulations of the People's Republic of China on Work-related Injury Insurance Article 13 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 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.