Deduction of wages due to work related injury, deduction of wages for work related injury

1. If the employer deducts wages due to work-related injuries, it can file a complaint with the local labor inspection brigade.

2. Article 33 of the Regulations on Work-related Injury Insurance If 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 injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, 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.

3. Article 11 of the Regulations on the Supervision of Labor and Social Security: The administrative department of labor and social security shall carry out labor security supervision on the following matters:

1) The employer's formulation of internal labor security rules and regulations;

2) The circumstances of the conclusion of a labor contract between the employer and the employee;

3) The employer's compliance with the prohibition of child labor;

4) The employer's compliance with the special labor protection provisions for female employees and juvenile workers;

5) The employer's compliance with the provisions on working hours, rest and vacation;

6) The employer's payment of wages to workers and implementation of the minimum wage standard;

7) The employer's participation in various social insurances and payment of social insurance premiums;

8) Employment agencies, vocational skills training institutions and vocational skills assessment and appraisal institutions comply with the provisions of the State on employment introduction, vocational skills training and vocational skills assessment and appraisal;

9) Other labor security supervision matters stipulated by laws and regulations.

I think the company's approach is reasonable, because the correlation between your work-related injury and resignation is very small, your work-related injury problem has been dealt with, the personal psychological shadow caused by the work-related injury is your personal problem, and only if the company violates the law, you can propose to terminate the contract immediately, otherwise, you must submit for resignation one month in advance, if the company's rules and regulations stipulate that some expenses should not be deducted one month in advance, the law is supported, and it is useless for you to appeal, if you don't want to be deducted, you can apply for resignation nowand left after a month.

How to calculate wages during a work-related injury in a unit?

Legal analysis: no wages will be deducted for work-related injuries. If the negotiation fails, Yinzi has the right to complain to the labor supervision department where the employer is located, or apply to the labor dispute arbitration institution for arbitration.

Legal basis: Article 33 of the Regulations on Work-related Injury Insurance refers to the total amount of labor remuneration paid directly by the employer to all employees of the unit, and other benefits stipulated in the relevant legal contracts remain unchanged.

If the employer deducts the wages of the workers when paying the work-related injury insurance, the workers may report to the labor administrative department and the social security administrative department; or may protect rights by applying for mediation, arbitration, or filing a lawsuit in accordance with the law. Work-related injury insurance shall be paid by the employer for the employee, and the employee does not need to pay it, so the employer cannot deduct it from the employee's salary.

Legal basis] Article 33 of the Social Insurance Law of the People's Republic of China.

Employees shall participate in work-related injury insurance, and the employer shall pay work-related injury insurance premiums, and employees shall not pay work-related injury insurance premiums.

Article 34.

The state determines the differential rates of different industries according to the degree of work-related injury risk, and determines the rate grades in each industry according to the use of work-related injury insurance**, the incidence of work-related injuries, etc. The industry differential rate and the rate grade within the industry shall be formulated by the social insurance administrative department, and shall be promulgated and implemented after approval.

Article 35.

The employer shall pay work-related injury insurance premiums according to the total wages of its employees and the rate determined by the social insurance agency.

Article 77 of the Labor Law of the People's Republic of China.

In the event of a labor dispute between the employer and the employee, the party concerned may apply for mediation, arbitration, or file a lawsuit in accordance with the law, or may resolve it through negotiation.

If you still have questions about this issue, it is recommended that you sort out the relevant information and communicate with a professional in detail.