How to calculate the lost time pay under the labor law, and what is the calculation method of the lo

There are many situations, such as:

1. The lost time allowance in the work-related injury, that is, the cost of the first recuperation period, shall be paid by the company on a monthly basis according to the original salary and treatment.

2. The lost time pay in sick leave is to enjoy sick leave pay according to the number of years the injured employee has worked in the enterprise.

According to the 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.

According to the Labor Law Sick Pay Provisions

Article 4 If an employee is sick and suspends work within 6 months during the medical treatment period, his sick leave pay shall be calculated and paid according to the following methods:

1) If the continuous service period is less than 10 years, it shall be paid at 70% of the employee's salary;

2) If the employee has worked continuously for 10 years but less than 20 years, he shall be paid 80% of his salary;

3) If the employee has worked continuously for 20 years but less than 30 years, he shall be paid 90% of his salary;

4) Those who have worked continuously for 30 years or more shall be paid 95% of their salary.

Enterprises with good economic benefits can increase by 5% on the basis of the above standards. Enterprises with poor economic efficiency and difficulty in meeting the above standards may be appropriately lowered after being deliberated and approved by the workers' congress or workers' congress of the enterprise. The proportion of downward movement generally does not exceed 5% of the standards of each grade.

If the situation exceeds 5% in special circumstances, it shall be reported to the labor and social security administrative department of the district and county (autonomous county, city) for approval.

Article 5 If an employee is sick and has been suspended from work for more than 6 months during the medical treatment period, his sick leave pay shall be calculated and paid according to the following methods:

1) If the continuous service is less than 10 years, it shall be paid at 60% of the employee's salary;

2) If the employee has worked continuously for 10 years but less than 20 years, he shall be paid 65% of his salary;

3) Those who have worked continuously for 20 years or more shall be paid 70% of their salary.

Article 6 Employees who were formerly national model workers, provincial (ministerial) level model workers, and units at or above the army level who have been awarded combat heroes or have been awarded first-class meritorious service and have always maintained their honors, shall be paid their wages during the period of sick leave.

Article 7 When an employee is sick and suspends work during the medical treatment period, the monthly sick leave salary shall not be less than 80% of the local minimum wage.

Hello, lost time pay is calculated by dividing the average monthly income level of an employee by the actual number of days lost.

Article 20 of the Interpretation on Compensation for Personal Injuries Compensation for lost time is to be determined on the basis of the victim's lost time and income. The lost time is determined on the basis of a certificate issued by the medical institution to which the victim received. Where the victim continues to miss work due to disability due to injury, the time of missing work may be calculated to the day before the date of disability.

If the victim has a regular income, the compensation for lost work shall be calculated on the basis of the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim cannot provide evidence to prove his or her average income in the last three years, it may be calculated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

b. If you continue to miss work, the day before the date of disappointment.

Calculation method: monthly wage Lost time =

It can be calculated according to your salary standard.

1. The calculation method of the Labor Law is that there is a fixed income, and the compensation for lost time is calculated according to the actual reduced income. If the victim has no regular income, it is calculated on the basis of his average income in the last three years; Where the victim is unable to provide evidence to prove his or her average income in the last three years, the victim may be liquidated by referring to the average wages of employees in the same or similar industry in the previous year at the location of the court where the lawsuit is filed.

2. According to Article 20 of the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases", the compensation for lost time is determined on the basis of the victim's lost time and income. The lost time shall be determined according to the certificate issued by the medical institution that the injured person has received.

How to calculate the lost time pay, the lost time pay is determined according to the victim's lost time and income status.