Sick pay matters 100

During the sick leave period, the employee is not paid on a case-by-case basis, but according to the formula of "daily wage, sick leave pay ratio, sick leave days".

The daily wage is not exactly the employee's daily wage, it is the result of the "monthly wage calculation base of the current month's pay day". Pay day refers to the system working day plus statutory holiday days stipulated by the state, for example, under the standard working hour system, the number of days per month is the pay day when the number of days per month is subtracted from the weekend. The Measures for the Payment of Wages by Enterprises in Shanghai clearly stipulate the basis for calculating wages:

1) 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 worker 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).

2) If there is no stipulation in the labor contract or collective contract, the employer and the employee representatives may determine the wage through collective negotiation, and the result of the negotiation shall be a collective wage agreement.

3) If there is no agreement between the employer and the employee, the calculation base of the holiday pay shall be determined at 70% of the monthly salary of the employee's normal attendance at the post (position). ”

First of all, the company's sick pay calculation formula is incorrect: sick pay = local minimum basic salary calendar days * sick days * your local minimum wage is 1560, so how can your company calculate it according to 1300? It's against the law!

The meal fee is completely part of the company's welfare, and if the company has the final say on the welfare, it is not within the scope of legal protection, which cannot be regarded as illegal!

If the answer is helpful, I hope it's helping! Thank you!

Article 5 of the Provisions on the Medical Treatment Period for Employees of Enterprises Suffering from Illness or Non-work-related Injuries stipulates that during the medical treatment period, the sick leave pay, sickness relief expenses and medical treatment of employees of an enterprise shall be implemented in accordance with the relevant regulations. For specific numbers, please refer to the local "? Provincial Wage Payment Management Regulations".

For example, Article 22 of the Hebei Provincial Regulations on the Administration of Wage Payment, sick leave pay shall not be less than 80% of the local minimum wage.1 Determination of the medical treatment period of the "Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees" (No. 1994479 issued by the Ministry of Labor) Article 3: 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) Where the actual working experience is less than 10 years, three months for those who have worked in the unit for less than 5 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 those who have been holding the fiber for more than 10 years and less than 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years. 2. Determination of the cumulative sick leave timeArticle 4 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees (No. 1994479 issued by the Ministry of Labor): If the medical treatment period is three months, the cumulative 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 Wages Article 16 of the Draft Amendment to the Labor Insurance Regulations of the People's Republic of China: If a worker or employee is sick or stopped working for a period of less than 6 months due to illness or non-work-related injury, the employee shall be paid sickness and injury leave wages according to the following standards according to the provisions of Article 13, Paragraph B of the Labor Insurance Regulations: 60 for those who have worked in the enterprise for less than 2 years; 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.

Notice 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 when an employee is sick or injured not due to a skin worker, the enterprise shall pay his sick leave salary or sickness relief fee in accordance with the relevant provisions during the prescribed medical treatment period, and the sick leave salary or illness relief fee may be paid lower than the local minimum wage standard, but shall not be lower than 80 of the minimum wage standard.

Two variables must first be determined in the calculation of sick pay, one is the calculation base of sick pay, and the other is the calculation coefficient of the sick leave company. Sick pay is generally calculated on a basis of not less than 80% of the minimum wage, which is implemented in accordance with local policies. The coefficient for calculating sick pay is based on the duration of medical treatment.

If the actual working experience is less than 10 years, the working experience in the unit is less than 5 years, and the working experience is 6 months if the actual working experience is less than 5 years. If the actual working experience is more than 10 years, it will be 6 months for those who have worked in the unit for less than 5 years, 9 months for those who have worked for 5 years and less than 10 years, 12 months for those who have worked for more than 10 years and less than 15 years, 18 months for those who have worked for more than 15 years and less than 20 years, and 24 months for those who have worked for more than 20 years.

Legal basis] Article 3 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees.

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 the number of years he has worked in the unit: (1) three months if the actual working years are less than 10 years, and those who have worked in the unit for 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.

Legal Analysis: Employees are still entitled to wages during sick leave. 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 regulations within the prescribed medical treatment period, and the sick leave salary or sickness relief fee may be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.

Legal basis: "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" Article 59 During the period of illness or non-work-related travel injury, the enterprise shall pay the employee sick leave pay or sick relief allowance in accordance with the relevant provisions during the prescribed 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 an employee is injured in an accident at work or suffers from an occupational disease 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. Sick leave pay, the employer can determine the salary standard for the employee during sick leave between 60% and 100% of the standard salary.

[Legal basis].Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China.

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 regulations within the prescribed 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.

Article 4 of the Labor Law If an employee is sick and has been suspended from work within 6 months during the medical treatment period, his sick leave pay shall be calculated and paid according to the following methods:

1) If the continuous service is less than 10 years, it shall be paid at 70% of the employee's salary;

2) If the employee has worked continuously for 10 years but less than 20 years, he shall be paid 80 of his salary;

3) If the employee has worked continuously for 20 years but less than 30 years, he shall be paid 90 of his salary;

4) Those who have worked continuously for 30 years or more shall be paid 95 percent of their salary.

Enterprises with good economic benefits can be raised on the basis of the above standards5. Enterprises with poor economic efficiency and difficulty in meeting the above standards may be appropriately lowered after being deliberated and approved by the workers' congress or workers' congress of the enterprise. The proportion of downward float generally does not exceed 5 of the standards of each grade.

If the circumstances exceed 5, it shall be reported to the labor and social security administrative department of the district and county (autonomous county, city) for approval.

1. Is sick leave pay a labor remuneration?

During sick leave, the worker does not provide labor. Therefore, wages are not labor remuneration, but labor insurance benefits enjoyed in accordance with laws and regulations.

Article 73 of the Labor Law provides that workers are entitled to social insurance benefits in accordance with the law under the following circumstances:

a) retirement; b) Illness;

3) Suffering from work-related disability or occupational disease;

iv) unemployment; 5) Childbearing.

After the death of a worker, his surviving family members are entitled to survivors' allowances in accordance with the law.

The conditions and standards for workers to enjoy social insurance benefits shall be prescribed by laws and regulations.

Social insurance contributions must be paid in full and on time.

2. Can sick pay be lower than the minimum wage?

Sick pay can be lower than the minimum wage.

Article 3 of the Minimum Wage Regulations, recently promulgated by the Ministry of Labor and Social Security, stipulates that "the minimum wage standard referred to in these Regulations refers to the minimum remuneration that an employer shall pay in accordance with the law on the premise that an employee has provided normal work during the statutory working hours or the working hours agreed in the labor contract signed in accordance with the law".

It can be seen that the conditions for workers to receive the minimum wage are: first, within the working hours stipulated in the statutory working hours or the working hours agreed in the labor contract signed in accordance with the law; Second, it provided normal labor and fulfilled the obligation of limb labor.

It is legal and reasonable that the hospitalization due to illness is obviously due to the failure to provide normal labor during the statutory working hours or the working hours agreed in the labor contract signed in accordance with the law, so the wages can not be paid according to the minimum wage standard.

Sick pay is not protected by the minimum wage, but is paid on the basis of the minimum wage.

According to the provisions of relevant laws and regulations, during the period of illness or non-work-related injury, the enterprise shall pay the sick leave salary or sickness relief fee according to the relevant regulations during 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.

If a worker is sick or injured not due to work, the employer shall pay sick leave pay in accordance with the provisions of the labor contract or collective contract during the sick leave. The sick leave pay paid by the employer shall not be less than 80% of the minimum wage standard of the city

According to the Ministry of Labor's "Notice on Strengthening the Management of Sick Leave for Employees of Enterprises and Ensuring the Life of Employees During Sick Leave", employees who are sick within six months:

1) If the continuous service is less than two years, it will be calculated and paid at 60% of the employee's salary;

2) If the employee has worked continuously for two years but less than four years, it shall be paid at 70% of his salary;

3) If the employee has worked for four consecutive years but less than six years, it shall be paid at 80% of his salary;

4) 90% of the salary shall be calculated and paid according to the salary of the person who has worked continuously for six years but less than eight years;

5) Those who have worked continuously for eight years or more will be paid 100% of their salary.

1. How to say 5 days of sick leave with the leader.

If a worker takes sick leave, the employee shall go to the medical institution designated by the employer in person, and if it is necessary to stop work for recuperation after being examined by a licensed physician, the medical practitioner shall issue a sick leave note, and the employee shall go through the leave application procedures in accordance with the procedures prescribed by the employer with the sick leave note. However, if it is an emergency, you can be admitted to the nearest hospital, ask for leave verbally, and even go through the procedures afterwards. Article 23 of the Law on Medical Practitioners stipulates that when a physician implements medical, preventive and health care measures and signs a certificate of medical science, he or she must personally examine and investigate, and fill in the medical documents in a timely manner in accordance with the regulations, and shall not conceal, forge or destroy the medical documents and related materials.

The Ministry of Labor, the Economic Office, the Ministry of Health, the State Administration for Industry and Commerce, and the All-China Federation of Trade Unions, "Notice on Strengthening the Management of Injured and Sick Employees on Long-term Leave in Enterprises" Lao Bao Zi 1992 No. 14.

Second, it is necessary to uphold and improve the system of leave and resumption of work for injured and sick employees of enterprises. If an employee needs to take leave due to injury or illness, he or she shall present the disease diagnosis certificate issued by the enterprise's medical institution or designated hospital, which shall be reviewed and approved by the enterprise. If an injured or sick employee needs to be transferred to a long-term leave, the labor appraisal committee (group) of the enterprise shall make an appraisal according to the disease diagnosis certificate issued by the enterprise's medical institution or designated hospital, and shall be approved by the enterprise's administration.

2. Can I terminate the labor tour during the sick leave?

The law stipulates that the employer shall not terminate the employment relationship during the medical treatment period. After the end of the medical treatment period, if the employee is unable to engage in the original job or the work arranged by the employer, the labor appraisal committee shall conduct an appraisal of the working ability with reference to the standards for the evaluation of 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 retirement and resignation procedures, and enjoy retirement and retirement benefits; If the employee is assessed as grade 5 to 10, the labor contract shall not be terminated during the medical treatment period.

Generally speaking, when an employee takes sick leave and the sick leave is shorter than the medical treatment period, the employer cannot terminate the employment contract during this period, unless the employee has the circumstances specified in Article 39 of the Labor Contract Law. When an employee takes sick leave but the sick leave has exceeded the medical treatment period, the employer can terminate the labor contract in accordance with the law.