How to deduct wages for sick leave under the labor law?

Employees receive different percentages of wages according to the number of years they have worked in the company.

According to the "Regulations on Sick Leave Pay for Employees".

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.

Article 8 If an employee is sick and cannot resume work after the expiration of the medical treatment period or after the medical treatment period is terminated, and is found to be completely incapacitated by the labor appraisal committee at or above the county level, he shall be retired, dismissed or disposed of at one time in accordance with the relevant regulations; In the case of a majority or partial loss of working capacity, the enterprise may terminate the labor contract after the expiration of the medical treatment period and pay severance and medical subsidies in accordance with relevant regulations.

Article 9 Any person who commits fraud and gives a false certificate of sick leave shall be treated as absenteeism once it is verified.

Generally, it cannot be less than 80% of the social minimum wage, and if it is less than this amount, it is illegal.

Generally, sick pay cannot be less than 80% of the minimum social wage, if it is lower than this amount, it is illegal, that is, it depends on what the minimum wage in your area is.

Your salary in the traffic 50 mobile phone 50 food 105 for the welfare salary · · Excluding the minimum social wage.

That is to say, if your (basic salary + post salary) * 50% is greater than 80% of the minimum social wage, the company will not violate the law.

If it is less than that, it is illegal.

At present, there are no special regulations on deducting wages, and they are only deducted according to the wishes of the boss, and state-owned enterprises may deduct fewer points, and some private enterprises can even deduct them and calculate the working hours according to the number of days.

If an employee takes continuous leave for six months due to illness or non-work-related injury, it is called "short-term sick leave", and if it exceeds six months, it is called "long-term sick leave". The number of days of leave due to illness or non-work-related injury shall be calculated according to the actual number of vacation days, and the number of rest days and holidays included in the continuous leave period shall be excluded. For employees on "long-term sick leave", the enterprise shall pay the sickness relief fee (long sick leave pay) according to the following standards:

40% of the salary for those who have worked continuously for less than one year, 50% of their salary for those who have worked for one year but less than three years, and 60% of their salary for those who have worked continuously for three years or more. The personal salary here refers to 70% of the employee's actual salary under normal circumstances. If the employee's sickness treatment is less than 40% of the average monthly salary of the enterprise, it shall be compensated to 40% of the average monthly salary of the enterprise, and 40% of the average monthly salary of the enterprise shall be made up to the standard of the regular living hardship subsidy standard of the in-service employee.

If the employee's sickness treatment is higher than the average monthly wage of the previous year, it may be calculated and paid according to the average monthly wage of the previous year.

Legal basis: Article 59 of the Ministry of Labor's "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" Article 59 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 provisions during the specified medical treatment period, and the sick leave wages or sickness relief expenses may be paid lower than the local minimum wage standard, but not lower than 80 of the minimum wage standard. For "short-term sick leave" of employees, the enterprise shall pay sick leave pay according to the following standards:

If the employee has worked for less than two consecutive years, it shall be paid at 60% of his salary; If the employee has worked continuously for two years but less than four years, it shall be paid at 70% of his salary; If the employee has worked continuously for four years but less than six years, it shall be paid at 80% of his salary; If the employee has worked continuously for six years but less than eight years, it shall be paid at 90% of the employee's salary; Those who have worked continuously for eight years or more shall be paid 100% of their salary. Sick leave pay = 80% of the minimum wage (monthly paid days).

If an employee takes sick leave, the employer may deduct part of the salary. During the period of illness, the enterprise shall pay the sick leave pay or the pure forward fee for sick relief in accordance with the relevant regulations, and the sick leave pay or sickness relief fee can be paid below the local minimum wage standard, but not lower than 80% of the minimum wage standard.

Article 4 of the Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises shall be calculated as the cumulative sick leave time within six months if the medical treatment period is three months; 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 based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.

According to the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises (Lao Bu Fa [1994] No. 479) and other relevant regulations, the sick leave of sick or non-work-related injured employees shall be granted a medical treatment period of three to 24 months according to their actual working years and working years in the unit. To calculate sick pay, two variables should first be determined, one is the calculation base of sick pay, and the other is the calculation coefficient of sick pay.

1.The base of sick pay is determined according to the following three principles:

1) If there is an agreement in the labor contract, it shall be determined according to the wage standard corresponding to the position (position) of the employee as agreed in the labor contract. Where the standard determined in the collective contract (collective wage agreement) is higher than the standard agreed in the labor contract, it shall be determined in accordance with the standard of the collective contract (collective wage agreement).

2) If there is no stipulation in the labor contract or collective contract, the employer and the employee representatives may determine the wage through collective negotiation, and the result of the negotiation shall be a collective wage agreement.

3) If there is no agreement between the employer and the employee, the calculation base of the holiday salary shall be determined by 70% of the monthly salary of the employee's normal attendance at the post (position). In addition, the holiday wage base calculated according to the above three principles shall not be lower than the minimum wage standard stipulated by the city2The calculation factor is determined as follows:

1) If the employee takes sick or non-work-related injury for less than 6 consecutive months, the enterprise shall pay the sick leave salary according to the following standards:

If the continuous service is less than 2 years, it will be paid at 60% of the employee's salary;

If the employee has worked continuously for 2 years but less than 4 years, he shall be paid 70 of his salary;

If the employee has worked continuously for 4 years but less than 6 years, it shall be paid at 80% of his salary;

If the employee has worked continuously for 6 years but less than 8 years, it shall be paid at 90% of his salary;

Those who have worked continuously for 8 years or more shall be paid 100 of their salary.

2) If the employee is sick or not injured due to work-related injury for more than 6 consecutive months, the enterprise shall pay the sickness relief fee

If the continuous service is less than 1 year, it will be paid at 40% of the person's salary;

If the continuous service period is 1 year but less than 3 years, it will be paid according to 50% of the employee's salary;

Those who have worked continuously for 3 years or more shall be paid 60% of their salary. The amount of sick pay can be calculated after the calculation base and calculation factor of sick leave pay are determined.

If an employee takes sick leave, the employer may deduct part of the salary. During the period of illness, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant regulations, and the sick leave pay or sickness relief fee may be lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.

1. Salary payment standard for medical treatment.

During the medical treatment period for work-related injuries, the original salary and benefits of the employee shall remain unchanged and shall be paid by the employer on a monthly basis. 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 within the prescribed medical treatment period, and the sickness 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.

2. What kind of treatment employees enjoy when they are sick or not due to work-related injuries?

If the employee is sick or injured during the period, but pays medical insurance premiums according to law and meets the conditions for receiving pension insurance, the medical expenses shall be paid by the basic medical insurance**; The enterprise shall pay its sick leave pay or sickness relief expenses in accordance with relevant regulations, 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; Other.

3. What is the difference between sick leave and personal leave?

1. The concept is different; Personal leave: Generally refers to leave for personal or personal reasons. Sick Leave:

It means that when an employee needs to stop working for medical treatment due to illness or non-work-related injury, the enterprise shall grant a certain amount of medical leave according to the employee's actual working years and working years in the employer. 2. Different treatment; Personal leave: During the period of personal leave, the employer may not pay the salary, but during the sick leave, the employer shall pay the sick leave pay.

Sick leave: During the period of illness or non-work-related injury**, the enterprise shall pay the sick leave pay or sickness relief fee according to the relevant regulations during the specified medical treatment period, and the sick leave pay or sickness relief fee can be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard. 3. The protection is different; Personal leave:

Article 59 of the Opinions of the Ministry of Labor 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 expenses in accordance with the relevant regulations within 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 minimum wage standard.

Calculation base of sick leave pay: 1. It can be agreed in the labor contract, but it shall not be lower than the corresponding post wage; 2. If the standard of collective contract or collective negotiation is high, it shall be regarded as high; 3. If there is no agreement between the two parties, it shall be determined according to 70% of the employee's normal monthly salary. If the sick leave treatment of employees is higher than the average monthly wage of the previous year, it can be calculated and paid according to the average monthly wage of the previous year.

Article 47 of the Labor Law An employer shall, in accordance with the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with the law.

Article 59 During the period of illness or non-work-related injury, the enterprise shall pay sick leave wages or sickness relief expenses within the prescribed medical treatment period in accordance with relevant regulations, and the sick leave wages or sickness relief expenses may be paid lower than the local minimum wage standard, but not less than 80 percent of the minimum wage standard.

1. How to deduct money before the national regulations bury sick leave?

1. If the continuous service is less than 2 years, it will be calculated and paid according to 60% of the salary;

2. If the continuous service is more than 2 years but less than 4 years, it will be calculated and paid according to 70% of the employee's salary;

3. If the continuous service is more than 4 years but less than 6 years, it will be calculated and paid according to 80% of the salary;

4. If the continuous service is more than 6 years but less than 8 years, it will be calculated and paid according to 90% of the salary;

5. Those who have worked continuously for 8 years or more will be paid 100% of their salary.

The Labor Law stipulates that 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 specified 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 minimum wage standard.

The state stipulates that the deduction standards for sick leave pay are as follows:

1.Sick leave within three days of trembling days will not be deducted from wages;

2.For sick leave of more than three days, 80% of wages will be deducted;

3.During hospitalization**, no salary will be deducted for the first 15 days, and 80% of wages will be deducted after 15 days.

It should be noted that the above provisions are only the basic standards of the state, and the specific deduction standards need to be implemented according to the regulations of the enterprise and the labor contract. Some companies will adjust the deduction standard for sick leave pay, for example, for employees on long-term sick leave, there will be more flexible deduction standards.

Therefore, when signing an employment contract, employees should carefully read the relevant terms and understand the specific regulations of the enterprise.