Shortly after being injured at work, a performance payment was paid. Never posted it before. But the

It is legal and reasonable not to pay the period of suspension of work.

According to Article 33 of the Regulations on Work-related Injury Insurance, the period of suspension of work and pay for an injured employee shall be paid by the employer on a monthly basis according to the original salary and benefits before the accident injury. "Original salary" refers to the wages of the injured employee during the normal working period before the accident injury, and according to local regulations, some provinces and cities refer to the wages other than overtime pay; In some provinces and cities, it refers to the average salary in the 12 months prior to the injury.

The performance-based wages paid by the employer of the injured employee during the period of suspension of work and pay have never been paid before, do not fall within the scope of "original wages", and it is not illegal for the employer not to pay them.

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.

Regulations of Guangdong Province on Work-related Injury Insurance

Article 66 The following terms shall have the meanings in these Regulations:

2) The original wages and benefits refer to the average wages and benefits of the injured employee in the 12 months prior to the work-related injury in the unit. If an injured employee has worked in the unit for less than 12 months, the average salary and benefits shall be calculated based on the actual number of months.

Henan Provincial Department of Human Resources and Social Security.

Opinions on Several Issues Concerning Work-related Injury Insurance

14. In Article 33 of the Regulations on Work-related Injury Insurance, "original wages and benefits" should be understood as "wages and benefits (except for wages and benefits for extended working hours) that employees should enjoy when they are injured in accidents or suffer from occupational diseases before they attend work normally (except for wages and remuneration for extended working hours)".

Zhejiang Provincial High People's Court First Civil Division.

Answers to Several Difficult Questions Concerning the Trial of Labor Dispute Cases (

16. What is the calculation standard for "the original salary and benefits remain unchanged" for injured employees during the period of suspension of work and pay as stipulated in Article 33 of the Regulations on Work-related Injury Insurance?

During the period of suspension of work, the original salary and benefits of the injured employee shall remain unchanged, of which the "original salary" shall be calculated according to the average monthly wage of the injured employee in the 12 months prior to the accident injury or occupational disease suffered from the work, including hourly wages or piece-rate wages, bonuses, allowances and subsidies, etc., but excluding overtime wages.

Violations are subject to performance deductions.

Legal collapse analysis: The payment of performance-based pay during work-related injuries depends on the situation, and the law does not clearly stipulate it. The original wages and benefits of the injured employee during the period of suspension of work and pay shall remain unchanged and shall be paid by the employer on a monthly basis.

In this case, the injured employee may negotiate with the employer on the matter of work-related injury compensation; If the negotiation fails, you can apply to the labor dispute arbitration commission for labor arbitration.

Legal basis: Article 33 of the Regulations on Work-related Injury Insurance stipulates that when an injured employee stops working, the group guesses that during the work-related injury period, the group guesses include the period of hospitalization and the period of recuperation after being discharged from the hospital, which is called the period of suspension of work with pay, and the salary and benefits remain unchanged during the normal working period before the accident injury, and shall be paid by the unit on a monthly basis. The period of suspension with pay for an injured employee shall be determined by the employer in accordance with the Catalogue of Suspension Period with Pay for Work-related Injuries issued by the personnel department and health department of the province or city where the employee is located.

If the period of suspension with pay exceeds 12 months, and if there is a dispute, it shall be confirmed by the Labor Ability Appraisal Committee of the city divided into districts.

Summary. Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations. (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts. (3) Disputes arising from removal, dismissal, resignation, or resignation.

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection. (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc. Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money.

Wages shall not be deducted or unjustifiably delayed. Article 18 of the Interim Provisions on the Payment of Wages stipulates that labor administrative departments at all levels 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) Deducting or defaulting on the wages of workers without reason. (2) Refusal to pay wages for extended working hours. (3) Paying wages to workers lower than the local minimum wage standard.

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

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I'm glad to answer for you: it's not legal to have your performance deducted during a work injury. If an employee is injured at work, it is deemed to be a work-related injury, and the employee's performance wages are deducted during the period of the employee's work-related injury, and the full-time wage is not in accordance with the Limb Xiang Law.

Legal basis: Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations.

(2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts. (3) Disputes arising from removal, dismissal, resignation, or resignation. 4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection.

(5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc. Article 50 of the Labor Law stipulates that wages shall be paid in monetary form to the laborer himself on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on the Payment of Wages stipulates that labor administrative departments at all levels 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 worker's wages and economic compensation, and may also order the employer to pay compensation: (1) Withholding or delaying the worker's wages without reason.

(2) Refusal to pay wages for extended working hours. (3) Paying wages to workers below the local minimum wage. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.