Can the employer arbitrarily deduct the worker s wages in the event of a work related accident30?

First of all, regardless of whether the employee has signed a labor contract with the employer or not, as long as you work in his employer, your employment relationship is established and protected by law, and the employer should compensate for the work-related accident that occurs in this case, which is understandable.

Regarding the employer's deduction of wages, why does he deduct it? The wages of employees during the period of work-related injuries are paid as usual, and the wages of the days of missed work are paid according to the per capita wages of the city in the previous year. This is a very detailed requirement written in the "Regulations on Work-related Injury Insurance" and other work-related accident compensation regulations.

If he doesn't pay you a salary means: you have an accident caused by illegal operation, and the unit has to punish you for violating the rules, then that's okay, but you have to ask him for this penalty regulation, when and who prepared it, how much the fine is, whether it is officially issued and operated, whether all workers know, because you have the right to know, even if he really has, but he has not officially notified you, or you have not fulfilled the signing procedures of this fine, it is not effective. So:

The employer does not have any right to impose a corresponding penalty on you (that is, he has no right to deduct your salary)! This makes it legally protected!

If it is confirmed that it is a work-related injury, the employer cannot deduct wages, and must also bear various expenses such as medical expenses and work-related injury subsidies, and if it is disabled, it will also compensate for disability subsidies after the disability assessment.

Summary. Hello, the employer should bear the wages as follows; 1.If an employee suffers from 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 of work and salary, and shall be paid by the employer on a monthly basis.

The period of leave without pay shall not exceed 12 months. If the injury is serious and 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.

In the event of a work-related injury, the employer should bear the wages.

Hello, the employer should bear the wages as follows; 1.If an employee suffers from 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 of work and salary, and shall be paid by the employer on a monthly basis. The period of leave without pay shall not exceed 12 months.

If the injury is serious and 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.

legal basis; The legal basis for the determination of work-related injuries is the Regulations on Work-related Injury Insurance, that is, if an employee has any of the following circumstances, it shall be recognized as a work-related injury: 1Injured in an accident during working hours and in the workplace due to work-related reasons; 2.

Injured in an accident while engaged in work-related preparatory finishing work in the workplace before or after working hours; 3.Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties; 4.suffering from occupational diseases; 5.

During the period of going out for work, the person is injured due to work reasons and the whereabouts of the accident are unknown; 6.On the way to and from work, the person is injured in a traffic accident that is not the person's primary responsibility, urban rail transit, passenger ferry, or train accident.

Should the employer pay the salary?

Hello, during working hours and in the workplace, you have been injured in an accident due to work. During the period of suspension of work and salary, the original salary and benefits remain unchanged and shall be paid by the unit on a monthly basis.

The employer stopped paying work-related injury wages and went there to maintain the situation.

Hello, the Labor Inspectorate within the local Human Resources and Social Security Bureau has complained. The law stipulates that during the period of suspension of work and salary, the original salary and benefits remain unchanged and shall be paid by the employer on a monthly basis. Employees can also apply to the local labor arbitration commission for labor arbitration with evidence such as labor contracts.

Summary. If the employer has paid work-related injury insurance, the employer shall pay the salary for the period of suspension of work, the monthly disability allowance (level 5 to 6), and a one-time disability employment subsidy (when the labor contract is terminated or terminated at level 5 to 10). If the employer fails to pay work-related injury insurance, the employer shall pay all work-related injury compensation benefits.

In the event of a work-related injury, the employer should bear the wages.

If the employer has paid work-related injury insurance, the employer shall pay the salary for the period of suspension of work, the monthly disability allowance (level 5 to 6), and a one-time disability employment subsidy (when the labor contract is terminated or terminated at level 5 to 10). If the employer fails to pay work-related injury insurance, the employer shall pay all work-related injury compensation benefits.

If an employer is required to participate in work-related injury insurance in accordance with the provisions of these Regulations but fails to do so, the social insurance administrative department shall order it to participate within a time limit, pay back the work-related injury insurance premiums that should be paid, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, a fine of not less than 1 time but not more than 3 times the amount of the outstanding payment shall be imposed.

After the employer participates in the work-related injury insurance and pays the work-related injury insurance premiums and late fees that should be paid, the work-related injury insurance** and the employer shall pay the newly incurred expenses in accordance with the provisions of these Regulations.

Summary. Hello, kiss <>

The employer has no right to deduct the wages of the injured worker. The employer does not have the right to deduct the wages of the injured employee. Article 47 of the Labor Law of the People's Republic of China stipulates:

During the period of suspension of work due to work-related injury or occupational disease, the employer shall pay wages according to the following standards: (1) 90% of the total salary of the employee; (2) Retirees shall be paid 90 percent of their average annual salary for the previous year. The employer shall pay the wages of the injured employee in accordance with the regulations and shall not deduct it.

Does the employer have the right to deduct the wages of the injured employee?

Hello, kiss <>

The employer has no right to deduct the wages of the injured workers. The employer does not have the right to deduct the wages of the injured employee. Article 47 of the Labor Law of the People's Republic of China stipulates:

During the period of suspension of work and salary due to work-related injuries or occupational diseases, the employer shall pay wages in accordance with the following standards: (1) 90% of the total wages of employees and employees; (2) Retirees shall be paid 90 percent of their average annual salary for the previous year. The employer shall pay the wages of the injured employee in accordance with the regulations and shall not deduct it.

Kiss <>

In accordance with Article 33 of the Regulations of the People's Republic of China on Work-related Injury Insurance, if a distressed employer fails to pay work-related injury insurance premiums, medical expenses, living care expenses, transportation expenses, etc., in accordance with the provisions of these Regulations, the labor administrative department shall order it to pay within a time limit and may impose a fine; If the payment is not made within the time limit, a fine shall be imposed and compensation shall be paid. If the employer fails to pay the wages of the injured employee in accordance with the regulations, the injured employee may file a complaint with the labor administration department and request the employer to pay the wages due to him/her, and may also request the employer to compensate for the losses caused by the illegal acts.

Kiss you, is there anything else you don't understand<>

You can talk to the teacher in detail, and the teacher will better answer for you, guess the coincidence, <

I can't send a voice.

Is it convenient to send you a voice?

Kiss, can you use the form of text to paraphrase the process of this matter, it is disadvantageous, I am here to answer for you, oh I listen to this voice, but the tenant can misunderstand and cause the analysis is not very accurate

Summary. Hello <>

The employer does not have the right to deduct the wages of the injured employee. According to the Labor Law of the People's Republic of China, employers shall pay social insurance premiums in accordance with national regulations, provide employees with labor safety and health conditions, and pay medical expenses and work-related injury pensions for work-related injuries caused by injuries or illnesses caused by work-related reasons. Therefore, during the period of acceptance of the injured worker, the employer shall pay the wages according to the normal wage payment standard and shall not deduct it.

Does the employer have the right to deduct the wages of the injured employee?

Hello <>

The employer does not have the right to deduct the wages of the injured employee. According to the provisions of the Labor Law of the People's Republic of China, employers shall pay social insurance premiums in accordance with national regulations, provide employees with labor safety and health conditions, and pay medical expenses for work-related injuries and bereavement pensions for work-related injuries and bereavement payments if they are injured or sick due to work-related reasons. Therefore, during the period of acceptance of the injured worker, the employer shall pay the wages according to the normal wage payment standard and shall not deduct it.

If the employer violates the relevant regulations and deducts the wages of the injured employee, the injured employee may file a complaint with the labor inspection department against the Juye Town Newspaper or sue the employer for the deducted wages through labor arbitration or the court, and require the employer to bear the corresponding liability for compensation. At the same time, employers should strengthen the management of employees' labor safety and health, prevent the occurrence of work-related accidents, and ensure that the legitimate rights and interests of employees are protected. <>

Dear, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>

1. After the occurrence of work-related accidents, the enterprise unit shall report the work-related injury and occupational disease in a timely manner, and shall not conceal or omit the report; secondly, the injured employee or his or her relatives apply for recognition of work-related injury and enjoy work-related injury benefits; Third, the trade union organization of the enterprise may submit an application on behalf of the injured employee.

2. Time requirements for reporting and application: From the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, the enterprise shall report within 15 days, and the injured employee or his relatives shall apply within 15 to 30 days. Within this time, the report and application should be as soon as possible, which is conducive to timely investigation and evidence collection, and is conducive to the timely enjoyment of relevant benefits by injured employees.

3. Investigation and evidence collection and identification of work-related injuries: After receiving the work-related injury report and application, the labor administrative department shall pay close attention to the investigation and return of the work-related injury, which shall generally be extended to 30 days under special circumstances, and make a conclusion on whether to determine the work-related injury, and notify the work-related injury in writing. Investigation and evidence collection materials should include:

Employees apply and verify relevant issues; Diagnosis of work-related injuries and occupational diseases and related information from hospitals or medical institutions; Injury reports and on-site investigations of the enterprise.

4. Handling of work-related injury disputes: Different procedures should be applied to the two types of disputes. First, if the enterprise does not agree to the request of the injured employee, the employee or his relatives shall apply to the local labor dispute arbitration commission for arbitration.

1. Dispute resolution between employees and the company.

1. The way to deal with disputes between employees and the company is to negotiate between the company and employees; may apply for arbitration; A lawsuit may also be filed with a people's court, and the court will make a judgment in accordance with law. If it involves a wage dispute, it can also be reported to the labor administrative department.

2. Legal basis:

Article 122 of the Civil Procedure Law of the People's Republic of China provides that the following conditions must be met for a lawsuit:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 123:Prosecutions shall be submitted to the people's courts, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Article 158:Judgments or rulings of the Supreme People's Court, as well as judgments or rulings that are not allowed to appeal in accordance with law, or that have not appealed after the appeal period, are legally effective judgments or rulings.

Legal Analysis:1Work-related injury leave is not pay-deductible.

2.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 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. 3.

The period of leave without pay is generally not more than 12 months.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) During the period when they are away for work, they are injured by divine arguments due to work reasons, or their whereabouts are unknown in the event of a failed accident;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 30 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 prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

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 work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.