After the period of suspension of work, can I go to work in another unit?

Explain that it is not possible to go to work in another company without terminating the employment relationship between the two parties; 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. The period of leave without pay is generally not more than 12 months.

It is a concept stipulated in the Regulations on Work-related Injury Insurance, which refers to the fact that 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, salary, welfare, insurance and other benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis. Generally, it will not exceed 12 months, and if the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee of the city divided into districts, 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.

Clause. 1. 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;

Clause. 2. Those who still need to be treated for work-related injuries after the expiration of the period of suspension of work with pay shall continue to enjoy the medical treatment of work-related injuries;

Clause. 3. 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;

Clause. 4. If the death is caused by a work-related injury during the period of suspension of work and salary, the employee shall be treated as a work-related death and enjoy all work-related death benefits;

Clause. 5. If a disabled employee of grades 1 to 4 dies after the expiration of the period of suspension of work with pay, his close relatives may enjoy the benefits of funeral allowance and pension for dependent relatives.

Therefore, the salary is the same whether you go to work or not.

Legal Analysis: Available. If the death is caused by a work-related injury during the period of suspension of work and salary, the employee shall be treated as a work-related death and enjoy all work-related death benefits; Clause.

5. If a disabled employee of the first to fourth grades dies after the expiration of the period of suspension with pay, his close relatives may enjoy funeral subsidies and support for relatives.

Legal basis: The Labor Contract Law of the People's Republic of China is boring.

Article 20 The wages of a worker during the probationary period shall not be less than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

After a work-related injury, an employee is entitled to the salary of the suspension period during the period of medical treatment for the work-related injury. However, there is a time limit for the payment of wages during the period of suspension of work, and according to the provisions of paragraph 2 of Article 33 of the Regulations on Work-related Injury Insurance, the period of suspension with pay generally does not exceed 12 months. If it needs to be extended, it needs to go through the approval process of the relevant department.

If the application for the period of leave without pay is not approved, or if it is approved but later expires, and the application for loss of money is not approved, if the employee is still unable to work, how should the income during the period of non-work be determined?

1. What kind of legal procedures will be entered if you still do not go to work after the expiration of the suspension period?

If an employee is still unable to go to work after the expiration of the period of leave with pay, the reason is often still due to illness or injury, or even if it is not an illness or injury, it is due to a certain illness. At this time, the employee is entitled to sick leave. However, it should be noted that in the case of work-related injury or sick leave, the employee does not need to ask for leave alone, but for sick leave, the employee needs to inform the employer in accordance with the provisions of the company's rules and regulations.

At this time, the employee needs to provide the employer with the corresponding sick leave materials, which can prove the reason for the sick leave and the duration of the sick leave.

In practice, some workers mistakenly believe that as long as the work-related injury appraisal procedure is reached, the employer is not obliged to pay wages, and the work-related injury insurance** should pay the living expenses later. In fact, it will take some time for the work-related injury appraisal process itself to be completed, during which time if the period of suspension of work with pay has passed and the employee is unable to go to work, the employee is entitled to sick leave and medical treatment instead of other benefits. However, if the work-related injury appraisal procedure is completed and the employee is still in health restricted and unable to work, the employer's obligation to pay wages is not exempted.

2. How to calculate the salary of not being able to work during this period.

Since the legal nature of the period during which the employee is unable to work should be determined in accordance with the sick leave, the wages during the sick leave period shall be calculated according to the sick leave pay. That is, the salary is calculated according to the local sick pay standard. It should be noted here that at this time, the employee needs to consider the issue of the employee's sick leave and medical period.

The calculation of the above sick pay needs to be within the duration of the medical treatment period. Since the calculation standards for the wages of workers during the medical treatment period are different in different places, I will not repeat them in this article.

Based on the above reasons, if the employee is unable to go to work due to a work-related injury and has exceeded the period of suspension with pay, it is necessary to deliver the sick leave certificate to the employer in time and leave evidence of delivery. In the event of a labor dispute, it is necessary to comprehensively consider all the rights and interests that you need to protect, not only to see the sick leave pay during this period, but also to pay attention to whether the employer has other illegal circumstances, and to raise your own rights and interests at the same time.