Is it valid for the employee to promise not to pay wages during sick leave?

The employee's promise not to pay wages during the sick leave period is invalid, because the promise violates the provisions of the Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees, and may be determined invalid by the labor arbitration institution or the people's court.

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

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 between 5 and 10 years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

Article 4: 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 18 months of accumulated sick leave; 18 months is calculated based on the cumulative time of illness in 24 months; 24 months shall be calculated based on the accumulated sick leave time within 30 months.

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

If the employee agrees, it is a voluntary waiver of rights, and if the employee repents, the law does not recognize the validity of the agreement.

Legal analysis: If there is no agreement in the labor contract, the company does not need to pay labor remuneration during the period of sick leave, and can take sick leave to rest.

Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, the State stipulates that outpatient sick leave shall be held for a maximum of a few days, and a medical treatment period of three months to 24 months shall be granted according to the actual number of years of work and the number of years of work in the unit: (1) if the actual working experience is less than 10 years, 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.

The employer cannot afford not to pay the employee the salary during the sick leave. Sick pay can be paid less than the local minimum wage, but not less than 80 percent of the minimum wage; If the base amount of sick leave pay is stipulated in the labor contract, it shall be determined according to the wage standard not lower than that agreed in the labor contract; If there is no stipulation in the labor contract or the collective mold failure contract, it may be determined by the employer and the employee representatives through collective wage negotiation; Other.

[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 sick leave pay or sickness relief expenses in accordance with relevant regulations during the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80 of the minimum wage standard.

The employer cannot afford not to pay the employee the salary during the sick leave. Sick pay can be paid less than the local minimum wage, but not less than 80 percent of the minimum wage; If the base amount of sick leave pay is stipulated in the labor contract, it shall be determined according to the wage standard not lower than that agreed in the labor contract; If there is no stipulation in the labor contract or the collective mold failure contract, it may be determined by the employer and the employee representatives through collective wage negotiation; Other.

[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 sick leave pay or sickness relief expenses in accordance with relevant regulations during the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80 of the minimum wage standard.

It is not possible to be paid without pay during sick leave. Sick leave pay for illness or non-work-related injury = (calculation base number of monthly pay days) calculation coefficient number of sick leave days. During the period of illness or non-work-related injury**, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant regulations during the prescribed medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the lowest wage standard.

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.

It is not possible to be paid without pay during sick leave. For sick leave, the employer shall determine the payment method at its own discretion in accordance with the local minimum wage standard of not less than 80% of the local minimum wage during the statutory medical treatment period. 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, medical treatment, and rest.

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 employee sick leave wages or sickness relief expenses in accordance with the provisions of the relevant model books during the prescribed medical treatment period, and the sick leave wages or sickness relief expenses may be paid lower than the local minimum wage standard, but shall not be lower than 80% of the minimum wage standard.

Legal Analysis: Employers cannot afford not to pay their employees wages during sick leave. According to the provisions of the Labor Law, the wages of employees shall not be deducted or unjustified.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner.

If the employer is in arrears or fails to pay the full amount of labor remuneration, the person who has returned to work may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.