Is it legal for my work related injury appraisal company to deduct my salary for August?

Illegal. 1. The employer shall pay wages for the labor performed by the worker in accordance with the law;

2. If the employee is absent from work and causes losses to the employer, the employee shall be liable for compensation, but the deduction shall not exceed 20% of the monthly wage, and it is illegal to deduct the whole month's wage;

3. If the employer deducts wages for illegal acts, the employee can go to the local labor inspection brigade to complain, or go to the labor dispute arbitration department to apply for arbitration, and the administrative department of the labor bureau will order the employer to pay within a time limit.

In accordance with the Interim Provisions on Payment of Wages

Article 16 Where economic losses are caused to the employer due to the worker's own reasons, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.

If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

During the period of appraisal of work-related injuries, the employer shall not illegally deduct the lawful wages of the employees, and if the employees are injured in accidents or suffer from occupational diseases at work and need to suspend work to receive medical treatment for work-related injuries, the original wages and benefits shall remain unchanged during the period of suspension of work and wages, and shall be paid by the employer on a monthly basis.

Regulations on Work-related Injury Insurance

Article 29 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be formulated by the labor and social security administrative department in conjunction with the health administrative department, the drug regulatory department and other departments.

If an employee is hospitalized and injured at work, the unit shall pay the hospitalization meal subsidy according to 70% of the unit's food subsidy standard for business trips; If an injured employee seeks medical treatment outside the overall planning area with a certificate issued by a medical institution and approved by the handling agency, the required transportation, food and lodging expenses shall be reimbursed by the unit in accordance with the standard for employees traveling on business for business purposes.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the cost of the injured employee to the medical institution that has signed the service agreement is met, it shall be paid from the work-related injury insurance.

Article 31 Where 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.

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.

At work. Do I go to the work-related injury and disability appraisal to ask for leave and deduct my salary? If a worker takes leave for disability evaluation, the employer cannot deduct the employee's wages, and the employer shall regard the employee's normal attendance, and the employer shall pay the employee's wages according to the employee's actual working hours.

1. To apply to the Human Resources and Social Security Bureau (formerly the Labor Bureau) for work-related injury identification, the company needs to report within one month of the accident, if the company does not apply, the injured employee or his close relatives shall apply for recognition within one year. Materials to be submitted: application form for work-related injury determination (**generally ** of the Labor Bureau), proof of labor relationship with the employer, medical diagnosis certificate, etc.; 2. If there is a disability that affects the ability to work after the injury is relatively stable, the applicant shall apply for labor ability appraisal and submit an application to the labor ability appraisal committee of the city divided into districts (generally established in the human resources and social security bureau at the same level); 3. According to different disability levels, the compensation obtained is different.

The main compensation is: medical expenses, one-time disability allowance, one-time employment allowance, one-time medical allowance, salary during the period of leave of absence, food allowance, nursing expenses, etc. 4. If the employee does not have a labor contract or other evidence to prove the existence of an employment relationship and is unable to apply for a work-related injury determination, he or she may first apply for labor arbitration to confirm the existence of an employment relationship between the employee and the employer.

After the existence of an employment relationship is confirmed by labor arbitration, an application for work-related injury determination is made. 5. Relevant legal basis: "Regulations on Work-related Injury Insurance", "Measures for the Identification of Work-related Injuries", "Labor Dispute Mediation and Arbitration Law" and the regulations on work-related injury insurance of the province where the worker is located.

Article 10 of the Interim Regulations on the Payment of Wages During the period when a worker participates in social activities in accordance with the law during the statutory working hours, the employer shall pay wages as if he or she had provided normal work. Social activities include: exercising the right to vote or to be elected in accordance with the law; Elected representatives attend meetings held by organizations such as townships (towns), districts and above, political parties, trade unions, youth leagues, women's federations, etc.; Acting as a witness to the People's Court; Attend the conference of model workers and advanced workers; Production or working time occupied by members of the grass-roots members of non-full-time trade unions as stipulated in the Trade Union Law; Other social activities to participate in in accordance with the law.

Article 11 During the period when a worker is entitled to annual leave, family leave, marriage leave, and brother's funeral leave in accordance with the law, the employer shall pay the employee's wages according to the standards stipulated in the labor contract. Does that make sense?

According to Article 33 of the Regulations on Work-related Injury Insurance, the work-related injury employee stops working, and the work-related injury period, including the hospitalization period and the period of recuperation after discharge, is called the period of suspension of work with pay, and the salary and benefits during the normal working period before the accident injury remain unchanged, and shall be paid by the employer on a monthly basis.

The work-related injury and disability appraisal should be a public trip, and it should not be counted as the employee's own leave, and should be calculated according to the working hours.

At work. There is no need to ask for leave to go to the work-related injury and disability appraisal, and the Human Resources and Social Security Bureau notifies the units and individuals to participate, and no wages will be deducted.