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The original salary and benefits during the suspension period remain unchanged.
According to Article 33 of the Regulations on Work-related Injury Insurance, the work-related injury period is called the period of suspension of work, and the salary and benefits during the normal working period before the accident injury remain unchanged, and the employer shall pay it on a monthly basis.
The period of suspension with pay for an injured employee shall be determined by the employer in accordance with the Classification Catalogue of Suspension Period for Employees Injured at Work with Pay issued by the medical institution that signed the service agreement or the work-related injury ** institution that signed the service agreement. If the period of suspension of work with pay exceeds 12 months and there is a dispute, it must be confirmed by the labor ability appraisal committee of the city divided into districts.
The "original salary" of the work-related injury employee during the period of suspension of work with pay is not defined in the Regulations on Work-related Injury Insurance, and the following three calculation methods are generally stipulated in various localities:
1. Refers to wages other than overtime pay;
2. Average salary in the 12 months prior to injury;
3. The average salary in addition to overtime pay in the 12 months prior to the injury.
If the employer fails to pay the injured employee the wages for the period of suspension of work and salary in accordance with the law, the injured employee may apply for labor dispute arbitration to protect his or her rights.
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First of all, it is calculated based on your average salary in the previous months, and if you can't prove your average salary in front of you, then it is calculated based on the average salary of the same type of job in your area!
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If there is no guaranteed minimum wage for piecework, the salary of the normal month of attendance shall be used as the standard for payment during the work-related injury.
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1.According to Article 33 of the Regulations on Work-related Injury Insurance, if 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 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.
2.Generally speaking, in practice, the original wage standard is often calculated based on the average monthly wage (including basic salary, bonus and allowance) payable in the 12 months before the work-related injury.
3.However, in practice, many units are issued according to the basic salary, regional minimum wage standards, etc., this practice is not legal, injured employees can go to the local labor inspection brigade to complain or directly go to the labor arbitration commission to submit an arbitration application, to protect their legitimate rights and interests, if you don't understand, you can ask or directly call 12333 to consult the local labor department!
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The normal salary during the work-related injury cannot be changed, which is stipulated in the "Labor Law", and your company's contract is obviously illegal, so it is recommended that you report to the local labor arbitration department to protect your legitimate rights and interests.
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During the period of work-related injury, wages are paid in full. If the negotiation fails, you can apply to the local labor arbitration commission for arbitration.
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After the occurrence of a work-related injury, the employee can enjoy the suspension of work and pay in accordance with the regulations; A subsistence allowance is granted after the expiration of the period of leave with pay until the level of disability is determined. It is advisable to ** or consult a lawyer in person for professional legal help.
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According to the contract, if there is insurance for work-related injuries, remember to reimburse.
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There are clear provisions in the regulations on work-related injury insurance.
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In the event of a work-related injury, the employer shall pay wages according to the original benefits during the medical treatment period of the work-related injury; When calculating work-related injury benefits, if the employee is a piece-rate wage, the monthly wage should be confirmed according to the employee's actual salary, and the worker should pay attention to collecting relevant evidence to prove his actual salary, and may collect salary slips, bank card payment information, etc.
According to 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.
Article 64 The term "total wages" as used in these Regulations refers to the total amount of labor remuneration paid directly by an employer to all employees of the unit.
For the purposes of these Regulations, the term "personal wages" refers to the average monthly wages paid by injured employees in the 12 months prior to the injury caused by accidents or occupational diseases caused by work. If the salary is higher than 300% of the average salary of employees in the overall planning area, it shall be calculated according to 300% of the average salary of employees in the overall planning area; If the salary of the employee is lower than 60% of the average salary of employees in the overall planning area, it shall be calculated according to 60% of the average salary of employees in the overall planning area.
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