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1. If you are injured on the construction site and are injured in the workplace because of work, then you should apply for work-related injury identification, and after being identified as a work-related injury, the employee can enjoy work-related injury treatment, and during the work-related injury, the unit needs to pay the employee's salary on a monthly basis, and the wages and benefits keep the employee's salary and benefits unchanged.
2. In accordance with 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.
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Work injuries and sick leave are not the same thing.
Work-related accidents: also known as labor accidents, refer to personal injuries, acute poisoning and other accidents that occur when in-service workers are engaged in production-related activities in the production area and during working hours. In a broad sense, work-related accidents also include the suffering from occupational diseases.
According to the basic spirit of the Regulations on Work-related Injury Insurance, the work-related accidents referred to in China's work-related accident compensation are in a broad sense. Workers who suffer work-related accidents can enjoy a one-time disability allowance and disability allowance depending on the situation.
Sick leave: 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. Sick leave workers can be paid as usual, and for sick leave, it is not less than 80% of the local minimum wage.
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It's not the same thing, leave during recuperation from a work injury is paid, and sick leave is unpaid.
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You will be paid for the rest of your work-related injury, so take more rest and don't treat yourself badly.
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Work injuries and sick leave are not the same thing.
Work-related injury refers to injuries sustained by employees in production or work. According to the provisions of the state, those who are injured while performing routine work and work temporarily designated or agreed by the enterprise administration, engaging in work that is not designated by the enterprise administration but are beneficial to the enterprise in an emergency, and engaging in invention or technological improvement work are all work-related injuries.
Sick leave: 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.
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It's not the same thing, these two.
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It is illegal for a company to not pay wages while on sick leave. During the period when a worker is sick or injured on the job, the enterprise shall pay him sick leave pay or sickness relief expenses in accordance with relevant regulations during 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.
1. What kind of treatment can employees who are sick or not injured at work?
1. Employees enjoy the statutory medical treatment period.
The period of medical treatment refers to the time limit within which an employee of an enterprise may not terminate the labor contract due to illness or non-work-related injury, stop working, receive medical treatment and rest. Pants elimination.
2. Employees are entitled to sick leave pay and sickness relief expenses.
According to the provisions of the law, 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 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.
3. 2017 Teachers' Sick Leave Pay Regulations.
1. During the medical treatment period, the sick leave salary, sickness relief expenses and medical treatment of the employees of the enterprise shall be implemented in accordance with the relevant regulations.
2. Employees who take long sick leave maintain labor relations with their original employer during the sick leave, and the employer shall sign a labor contract with them.
3. 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).
4. If there is no stipulation in the labor contract or collective contract, it may be determined by the employer and the employee representatives through collective wage negotiation, and a collective wage agreement shall be signed as a result of the negotiation.
5. 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 in the post (position).
6. 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 provisions within 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.
7. The social insurance premiums of the surplus employees of the enterprise, the personnel on long leave, the personnel on long sick leave, the borrowed personnel and the paid school personnel shall continue to be paid by the original units and individuals according to the regulations, and the period of paying the insurance premiums shall be calculated as the payment period.
Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, the state stipulates that outpatient sick leave shall be held for a maximum of a few days, and a medical treatment period of three months to 24 months shall be given according to the actual number of years of work and the number of years of work in the unit: (1) If the actual working experience is less than 10 years, three months if the actual working experience is less than five years; Six months for more than five years. (2) Where the actual working years are less than 10 years, and those who have worked in the unit for less than 5 years are 6 months; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.
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Legal Analysis: It is illegal for the company not to pay wages during sick leave. 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 prescribed medical treatment period, 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.
Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, the state stipulates that outpatient sick leave shall be held for a maximum of a few days, and a medical treatment period of three months to 24 months shall be given according to the actual number of years of work and the number of years of work in the unit: (1) if the actual working experience is less than 10 years, three months if the actual working experience is less than 5 years; Six months for more than five years.
2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.
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Does the employee have a salary during the period of leave and hospitalization due to non-work-related illness?
Employees who are not sick due to work-related illness need to issue a certificate from the hospital related to the completion of the mold and ask the employer for sick leave. The law stipulates that the employer is required to pay the employee wages during the sick leave, but not the full salary.
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.
The Ministry of Labor issued the "On Implementation.
Opinions on a number of issues".
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. 2) Wages and remuneration for extended working hours.
60.Enterprises that implement a standard working hours system of no more than 8 hours per day and no more than 44 hours or 40 hours per week, as well as enterprises that have been approved to implement a comprehensive calculation of working hours, shall pay wages and remuneration for extended working hours to their employees in accordance with the provisions of the Labor Code Calling Law. In an enterprise where all employees have implemented the labor contract system, general management personnel (except those who implement the irregular working hours system) may be paid wages and remuneration for extended working hours upon approval of extended working hours.
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This is not a subsidy, that's what it does. The work-related injury is not said by oneself, but a work-related injury certificate is issued, and some subsidies and reimbursements are given.
It's not a good idea to return to work, a certain amount of exercise is a must.
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Of course, it is not reasonable, and it should be paid in full during the period of suspension of work. Only non-work-related injuries and illnesses are paid on sick pay. But I don't know if you have identified a work-related injury, you have to determine that it is a work-related injury first.
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Irrationality! Work-related injury pay is 100 percent. You can report to the local labor inspection brigade to protect your rights.
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In this case, as long as you have a definite work-related injury certificate and evidence, you can negotiate with the employer, and if not, you can also defend your rights through administrative arbitration or hiring a lawyer.
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1.What the company should pay you in full during your recuperation period is called pay for the period of absence, not sick pay.
This part of the money is paid to you by the company according to the law.
2.After you have recuperated, you can apply to the work-related injury department of the Labor Bureau for disability appraisal, and after the appraisal results are obtained, the company will apply for reimbursement of medical expenses and a one-time disability subsidy.
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The identification of work-related injuries and the signing of work-related injuries must be done, and after they are completed, the unit cannot do that.
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It is definitely unreasonable, the national labor law clearly stipulates that work-related injuries and sick leave should be separated for wage settlement, you can find legal aid to protect your labor interests through the labor law, you can call legal aid **** consultation, or go directly to the local labor bureau to find staff help.
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I don't know if the unit has insured you? If you have insurance, you should pay the basic salary by the insurance company, and if you don't have insurance, you should go to the labor arbitration department to sue your employer in order to comply with the national regulations. It seems to stipulate that the employer cannot dismiss a worker during a work-related injury.
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If it is unreasonable, the salary of the work-related injury will be based on the work-related injury.
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After suffering a work-related injury, the first thing to do is to determine the period of work-related injury suspension with pay. The duration of the suspension period with pay shall be put forward by the medical institution that has signed the service agreement for the work-related injury, and shall be confirmed by the Labor Ability Appraisal Committee and notified to the relevant employer and the injured employee, and the general time shall not exceed 12 months.
During the period of suspension of work, the original salary and benefits of the injured employee shall remain unchanged and shall be paid by the employer on a monthly basis.
In addition, during the period of suspension of work and salary, the employer cannot terminate or terminate the employment relationship with the injured employee except in the circumstances prescribed by law, and the employer shall actively cooperate with the medical treatment, life care and wage protection of the injured employee in accordance with the relevant provisions of the state.
If the injured boss does not compensate, he can apply for labor arbitration. If the labor dispute arbitration award has legal effect, and the employer fails to perform it, it shall apply to the people's court for enforcement.
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