The details and provisions of the Labor Contract Law on wages during the period of hospitalization a

Hello! Article 30 of the Regulations on Work-related Injury Insurance 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**.

Article 31 Where an administrative reconsideration or administrative lawsuit occurs after the social insurance administrative department makes a decision to determine that it is a work-related injury, the payment of medical expenses for the work-related injury shall not be stopped during the period of administrative reconsideration and administrative litigation.

Article 32 Due to the needs of daily life or employment, an injured worker may be fitted with prostheses, orthoses, artificial eyes, dentures, wheelchairs and other assistive devices upon confirmation by the Labor Ability Appraisal Committee, and the required expenses shall be paid from the work-related injury insurance** in accordance with the standards prescribed by the State.

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 34 Where an injured worker has been assessed for disability and is confirmed by the Labor Ability Appraisal Committee to be in need of daily care, he or she shall be paid a monthly living care allowance from the work-related injury insurance.

The living care expenses are paid according to three different levels: completely unable to take care of themselves, most of them unable to take care of themselves, or part of their lives cannot take care of themselves, and the standards are respectively % or 30% of the average monthly salary of employees in the overall planning area in the previous year.

Hope it helps.

Hello. This regulation is not in the Labor Contract Law, but in the Regulations on Work-related Injury Insurance.

The Labor Contract Law does not have detailed provisions on the period of hospitalization, and the only relevant provisions related to hospitalization are Article 40 (1), which states that "if an employee is sick or injured not due to work, he or she cannot perform his original job or work arranged by the employer after the prescribed medical treatment period has expired", and "the employer may terminate the labor contract after giving the employee 30 days' written notice or paying the employee an additional month's salary".

The Labor Contract Law does not have the provisions of hospitalization as you mentioned.

Can you describe your specific situation in detail, from your statement, you can first refer to the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees".

Hello! Pls are you injured at work Do you want to ask about workers' compensation.

First of all, the Labor Contract Law of the People's Republic of China does not make specific and explicit provisions on the issue of sick leave and medical treatment.

Secondly, in the notice of the Ministry of Labor on the issuance of the "Regulations on the Medical Treatment Period for Employees Sick or Non-work-related Injuries of Enterprises" (Lao Bu Fa [1994] No. 479), corresponding detailed provisions have been made:

1.Article 2 of the Law stipulates that the medical treatment period refers to the time limit within which an employee of an enterprise may not terminate a labor contract due to illness or non-work-related injury and stop working for treatment and rest.

2.Article 3 of the Law stipulates that when an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of 3 months to 24 months according to his actual working years and the number of years he has worked in the unit

1) Where the actual working experience is less than 10 years, 3 months for those who have worked in the unit for less than 5 years; 6 months for more than five years.

2) Where the actual working experience is more than 10 years, 6 months for those who have worked in the unit for less than 5 years, and 9 months for those who have worked for more than 5 years and less than 10 years; 12 months for between 10 and 15 years; 18 months for those between 15 and 20 years; 24 months for more than 20 years.

According to Article 6 of the notice of the Ministry of Labor on the issuance of the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" (Lao Bu Fa [1994] No. 479), during the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant provisions during the specified medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard. If there is an agreement in the labor contract, it shall be determined according to the wage standard corresponding to the position (position) of the employee as agreed in the labor contract. Where the standard determined in the collective contract (collective wage agreement) is higher than the standard agreed in the labor contract, it shall be determined in accordance with the standard of the collective contract (collective wage agreement).

Article 5 of the Provisions on the Medical Treatment Period for Employees Sick or Non-work-related Injuries stipulates that during the medical treatment period, the sick leave pay, sickness relief expenses and medical treatment shall be implemented in accordance with the relevant regulations. The specific number can refer to the local standards in the "** Provincial Wage Payment Management Regulations". For example, Article 22 of the Hebei Provincial Regulations on the Administration of Wage Payment stipulates that sick leave pay shall not be less than 80% of the local minimum wage.

1.Determination of the duration of medical treatment.

Article 3 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises (Lao Bu Fa No. 1994 No. 479): When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of three months to 24 months according to his actual working years and working years in the unit: (1) If the actual working experience is less than ten years, three months shall be three months if the actual working experience is less than five years; Six months for more than five years.

2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is the actual working experience; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

2.Determination of cumulative sick leave time.

Article 4 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees (Lao Bu Fa No. 1994 479): If the medical treatment period is three months, the accumulated sick leave time within six months shall be calculated; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the accumulated sick leave time within 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.

3.Determination of sickness and injury leave pay.

Article 16 of the Draft Amendment to the Labor Insurance Regulations of the People's Republic of China: If a worker is sick or has stopped working for a period of less than 6 months due to illness or non-work-related injury, according to the provisions of Paragraph B of Article 13 of the Labor Insurance Regulations, the administrative side of the enterprise or the employer shall pay the sickness and injury leave salary according to the following standards: if the employee has worked in the enterprise for less than 2 years, the salary shall be 60 for himself; For those who have completed 2 years but are less than 4 years, their salary is 70; For those who have completed 4 years but less than 6 years, the salary is 80; For those who have completed 6 years but are less than 8 years, their salary is 90; For those who have completed 8 years and more, the salary is 100 yuan.

Circular of the Ministry of Labor on Printing and Distributing the "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" (Lao Bu Fa No. 1995 No. 309).

59. During the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant provisions during the specified medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard

The state has uniform regulations on sick leave pay.

Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa [1995] No. 309).

59. During the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief fee in accordance with the relevant provisions during the specified medical treatment period, and the sick leave pay or sickness relief fee may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard

1. During the period of illness or non-work-related injury, the enterprise shall pay the sick leave salary or sickness relief fee in accordance with the relevant regulations within the specified medical treatment period, and the sick leave salary or sickness relief fee can be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.

2. Except for the circumstances stipulated in Article 25 of the Labor Law, the employer shall not terminate the labor contract when the term of the labor contract expires during the period of medical treatment, pregnancy, childbirth and breastfeeding. The term of the employment contract shall automatically extend until the expiration of the period of medical treatment, pregnancy, maternity and lactation.

3. Employees who take long sick leave can continue to perform the labor contract if they are able to engage in their original work after the expiration of the medical treatment period; If the employee is still unable to engage in the original job or work arranged by the unit after the expiration of the medical treatment period, the labor appraisal committee shall conduct an appraisal of the working ability with reference to the appraisal standards for the degree of disability caused by work-related injuries and occupational diseases. Those who have been identified as level 1 to 4 shall withdraw from their labor positions, terminate their labor relations, go through the formalities for retirement due to illness or non-work-related injuries, and enjoy corresponding retirement benefits; If the employee is assessed as a grade 5 to 10, the employer may terminate the labor contract and pay severance and medical subsidies in accordance with regulations.

4. The "minimum wage" in Article 48 of the Labor Law refers to the minimum labor remuneration paid by the employer on the premise that the worker has fulfilled his normal labor obligations within the statutory working hours. The minimum wage does not include wages and remuneration for extended working hours, housing and food subsidies paid by employers in monetary terms, allowances for special working environments and working conditions such as medium shifts, night shifts, high temperatures, low temperatures, underground, toxic and harmful, and social insurance benefits stipulated by national laws, regulations and rules.

5. If a worker is sick or injured not due to work, and the labor appraisal committee confirms that he is unable to perform his original job or perform the work arranged by the employer and terminates the labor contract, the employer shall pay him an economic compensation equivalent to one month's salary for each full year of his or her service in the employer, and shall also pay a medical subsidy of not less than six months' salary. In the case of serious illness and terminal illness, the medical subsidy shall also be increased, and the increase in the amount of serious illness shall not be less than 50 percent of the medical subsidy fee, and the increase in the amount of terminal illness shall not be less than 100 percent of the medical subsidy fee.

Comply with local regulations.

Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises".

Article 5 During the period of medical treatment, the sick leave pay, sickness relief expenses and medical treatment of the employees of the enterprise shall be implemented in accordance with the relevant provisions.

This article is about copying.

The provision for the payment of financial compensation is violated.

After the expiration of the labor contract, it is up to the parties to decide whether to renew it, and if it is not renewed, it will be terminated, and one of the two must prevail.

Before January 08, the contract will not be renewed upon expiration, and the employer is not required to pay economic compensation in any case;

However, after the implementation of the new law, if the employee does not sign the contract or improves the welfare package, the employer is not required to pay economic compensation.

The application of the provisions of this article shall be construed as follows:

1) When the term of the labor contract expires, if the employer agrees to renew the labor contract and maintains or improves the terms and conditions of the labor contract, such as keeping the wage standard unchanged, raising salary or getting promoted, and the employee does not agree to renew, the labor contract shall be terminated and the employer shall not pay economic compensation;

2) At the expiration of the term of the labor contract, the employer agrees to renew the labor contract, but reduces the conditions stipulated in the labor contract, such as salary reduction, if the employee does not agree to renew, the labor contract shall be terminated, and the employer shall pay economic compensation;

3) At the expiration of the term of the labor contract, if the employer does not agree to renew the labor contract, the labor contract shall be terminated regardless of whether the employee agrees to renew the labor contract, and the employer shall pay economic compensation.