Does the company have the right to withhold wages during sick leave?

Go to the labor bureau and they will take care of it.

Legal analysis: The company does not deduct money for sick and stupid leave. During the medical treatment period prescribed by the state, the employer shall pay the employee sickness and injury leave pay at a rate not less than 60% of the employee's normal working hour wage, but not less than 80% of the minimum wage.

In other words, the employer can determine the salary rate for the employee's sick leave between 60% and 100% of the standard salary.

Legal basis: "Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" Article 50 Article 9 During the period of illness or non-work-related injury;

During the prescribed medical treatment period, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant regulations, 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.

No. During the period of illness or non-work-related injury**, the enterprise shall pay the employee 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. Therefore, if an employee takes the first sick leave, the employer cannot deduct the employee's salary, but also needs to pay the employee a certain salary during the sick leave, and if the employer directly deducts the salary during the sick leave, it is an illegal act.

It should be understood that there will always be physical discomfort during the work process, and it is best to seek medical attention in time at this time** to avoid procrastination and serious illness. However, when employees go to the hospital**, they will inevitably delay their work, and they need to ask for sick leave from the unit. In order to protect the interests of workers, China's laws stipulate that sick leave is the legal right of workers.

In general, if you are going to take sick leave, then you generally don't have to worry about being deducted from your salary for taking sick leave, and normal sick leave will be paid as usual, especially when it comes to legal banquets.

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Legal basis

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 employee 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

It is illegal for the company to deduct wages on the grounds of sick leave.

Article 41 of the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases stipulates that during the quarantine period, the people who implement isolation measures shall provide living guarantees for the quarantined persons;

Where a quarantined person has a work unit, the unit to which he or she belongs must not stop paying him or her remuneration for work during the quarantine period.

Vacations taken during the epidemic period are not considered public holidays, and paid annual leave, welfare leave, compensatory leave, etc. cannot be used to deduct leave for employees who take holidays due to the epidemic.

Article 12 If the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.

It is not legal for companies to withhold wages on the grounds of sick leave.

Article 41 of the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases stipulates that during the quarantine period, the people who implement isolation measures shall provide living guarantees for the quarantined persons;

Where the quarantined person has a work unit, the unit to which he or she belongs must not stop paying him or her remuneration for work during the quarantine period.

Article 1 of the Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of the Pneumonia Epidemic Caused by the Novel Coronavirus Infection stipulates that:

Implement isolation measures or take other emergency measures for pneumonia patients, suspected patients, and close contacts of pneumonia patients infected by the novel coronavirus during the period of isolation and treatment or medical observation, as well as for **;

As a result, the enterprise shall pay the employees remuneration for their work during this period, and shall not terminate the labor contract with the employee in accordance with Articles 40 and 41 of the Labor Contract Law.

During this period, if the labor contract is due at the same time, it shall be postponed until the expiration of the employee's medical treatment period, the expiration of the medical observation period, the expiration of the isolation period, or the end of the emergency measures taken.

It is reasonable to take sick leave and deduct money. Sick leave is generally not paid at the original salary. During sick leave, wages are available, but generally at a certain percentage of the original salary, and the proportion is also determined according to the employee's years of service with the company.

Sick leave salary deduction reference: If the employee is sick and the work is suspended within 6 months during the medical period, the sick leave salary shall be calculated and paid according to the following methods: (1) If the employee has worked continuously for less than 10 years, it shall be paid at 70% of his 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; (Siqing) continuous service for 30 years or more, according to 95% of the salary.

Fight the difference. Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises".

Article 5. During the medical treatment period, the sick leave pay, sickness relief expenses and medical treatment of the employees of the enterprise shall be implemented in accordance with the relevant regulations.

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 fee according to the relevant regulations during 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.

Employees take sick leave, although the employer has the right to grant leave. However, sick workers are also entitled to leave. If an employee submits a sick leave certificate, medical record, or medical invoice from a medical institution designated by the employer, the employer does not recognize the principle of legal fairness, which is an illegal act.

If this happens, they can file a complaint with the local labor department.

With regard to sick leave, the labor law has strict and strict regulations. First of all, if an employee is sick or injured due to non-work-related injury, he or she has the statutory right to sick leave, and the exercise of this right does not require the approval of the employer. Therefore, the employer's rules and regulations regarding an employee's sick leave as absenteeism are invalid.

Based on the employer's right to manage labor and employees' attendance, employees should go through the necessary sick leave procedures, inform the unit to arrange replacement employees, and pay attention to keeping evidence such as diagnosis certificates and outpatient records.

In terms of the period of sick leave for employees, the Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises clearly give the concept of medical treatment period, and the employer shall not terminate the employment contract during the statutory medical treatment period. The Ordinance grants employees a period of 3 to 24 months for medical treatment based on social and unit seniority. This means that during the existence of the employment relationship, even employees who only work one day can enjoy a three-month medical period, and it is illegal for the employer to stipulate that employees cannot take more than 10 days of sick leave per month.

The medical treatment period refers to the period during which the enterprise cannot terminate the labor contract when the employee of the enterprise stops working due to illness or non-work-related injury**, that is, the sick leave of the employee who is sick or not injured due to work. If an employee takes leave for non-work reasons, they first need a certificate from the hospital before they can ask for leave. If the hospital does not have the relevant certificate, the company may not approve the leave.

However, if the hospital has issued the relevant certificate and the employer still refuses to ask for leave, then the employee can file a complaint with the labor arbitration commission.

Can a sick leave employer deduct wages at will? Article 4 of the Labor Contract Law stipulates that an employer shall establish and improve consumer labor rules and regulations in accordance with the law to ensure that employees enjoy labor rights and fulfill labor obligations. When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

The salary reward and punishment system is a major rule of law involving the vital interests of workers, and if the company's rules and regulations are not formulated through democratic procedures, they are not binding on the company's employees, and it is not in line with the provisions of the law to withhold employees' wages with such rules and regulations. Relevant contents: 1. If the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

2. If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term employment contracts of more than three years, the probationary period shall not exceed six months. 3. The same employer and the same employee can only agree on a probationary period once. 4. A probationary period shall not be agreed upon for a labor contract with a term of completion of a certain work task or if the term of the labor contract is less than three months.

5. The probationary period is included in the term of the labor contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

It is unreasonable for the company to deduct wages on the grounds of sick leave.

According to the relevant laws and regulations, when taking sick leave, the employer shall pay the employee according to the wage standard when working normally. If the employer deducts the employee's salary during sick leave, it cannot be less than 80% of the local minimum wage. If the deducted wages are lower than the minimum wage, the employer shall pay the difference in accordance with the minimum wage.

Therefore, it is unreasonable for the company to deduct wages on the grounds of sick leave, and if you encounter a similar situation, it is recommended to consult and appeal to the personnel department of the company or the labor department.