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Legal analysis: Sick leave pay (also known as sick leave pay) for employees who have taken continuous leave for less than 6 months due to illness or non-work-related injury is determined separately according to the continuous length of service: 1
For those who have worked continuously for less than two years, the sick leave pay is 60% of their salary; 2.For those who have worked continuously for two years but less than four years, the sick leave pay is 70% of their salary; 3.For those who have worked continuously for four years but less than six years, the sick leave pay shall be 80% of their salary; 4.
For those who have worked continuously for six years but less than eight years, the sick leave pay is 90% of their salary; 5.For those who have worked continuously for eight years or more, the sick leave pay is 100% of the employee's salary.
Legal basis: 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, 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) Where the actual working years include less than 10 years, and where the working years are less than 5 years in the unit, it is three months; Six months for more than five years.
2) Where the actual working experience is more than 10 years, and the working experience is less than 5 years in the unit, it is 6 Tan Biyue; 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.
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1. 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 within the specified medical treatment period, and the sick leave pay 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; After the expiration of the medical treatment period, if they are still unable to engage in their original work or the work arranged by the unit, the labor appraisal committee shall conduct an appraisal of their 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.
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Legal analysis: For sick leave pay, the employer can agree with the employee in the contract, as long as it is not less than 80% of the local minimum wage. According to the relevant regulations of the Ministry of Labor, the average monthly working days and working hours of employees throughout the year are adjusted to days and hours respectively, and the average daily wage of employees can be converted accordingly.
Legal basis: Labor Law of the People's Republic of China
Article 87 Where a celery unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47.
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.
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If an employee takes one month of sick leave, if the employee can provide the hospitalization certificate and diagnosis certificate from the hospital, the employer shall pay the employee the salary during the sick leave, which may be lower than the local minimum wage, but not less than 80% of the minimum wage.
1. Is sick leave deducted from wages?
According to the provisions of the Labor Law: 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;
Sick pay or sickness relief can be paid less than the local minimum wage, but not less than 80% of the minimum wage.
It can be seen from this that during the sick leave, the employee can still receive wages, but it may not be as much as the original salary, but this cannot be regarded as a deduction of wages.
If the employer directly deducts wages during the sick leave, it is illegal, and the employee can file a complaint with the local labor department, and if the complaint cannot be resolved, he or she can file a labor arbitration with the local labor arbitration commission.
2. What are the sick leave wages stipulated in the Labor Law?
Specific provisions on sick leave pay: wages shall be paid to the worker in the form of money on a monthly basis, and shall not be paid in kind or in lieu of currency; Sick pay can be paid less than the local minimum wage, but not less than 80% of the minimum wage; The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record; Other.
3. Do I need to deduct my salary if I have a leave slip?
Sick leave is generally not deducted from wages. During the medical treatment period prescribed by the state, the employer shall pay the employee sickness and injury leave pay at a rate not less than 60% of the employee's normal working hour wage, but not less than 80% of the minimum wage. In other words, the employer can determine the salary rate for the employee's sick leave between 60% and 100% of the standard salary.
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 expenses in accordance with the relevant provisions 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 not less than 80% of the minimum wage standard. Enlighten this rough.
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During work, it is inevitable that employees will get sick, and employees working in the enterprise will include the part of seniority pay in their wages.
1. Is the sick leave for one month of seniority pay during the sick leave, if the employer does not need to pay the seniority wage, the sick leave pay can be paid according to the regulations, according to the provisions of the relevant laws, 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 prescribed medical treatment period, and the sick leave pay 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. Standards for the payment of sick leave wages Article 4 of the New Labor Law Sick Leave Wage Regulations 2015 If an employee is sick and has been suspended from work for less than 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 period 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% of their salary. Enterprises with good economic benefits can increase by 5% on the basis of the above standards. 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 movement generally does not exceed 5% of the standards of each grade. If the situation exceeds 5% in special circumstances, it shall be reported to the labor and social security administrative department of the district and county (autonomous county, city) for approval. Article 5 If an employee is sick and has been suspended from work for more than 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 60% of the employee's salary;
2) If the employee has worked continuously for 10 years but less than 20 years, he shall be paid 65% of his salary;
3) Those who have worked continuously for 20 years or more shall be paid 70% of their salary. Article 6 During the period of sick leave, the wages of workers who were formerly national model workers, provincial (ministerial) level model workers, and those who have been awarded combat heroes or who have been honored with meritorious service such as cherry-fighting heroes and have always maintained their honors shall be paid as they are on sick leave. Article 7 If an employee is sick and suspends work during the medical treatment period, the monthly sick leave salary shall not be less than 80% of the minimum wage standard in the world.
Article 8 If an employee is sick and cannot resume work after the expiration of the medical treatment period or after the end of the medical treatment period, and is found to be completely incapacitated by the labor appraisal committee at or above the county level, he shall be retired, retired, or dealt with at one time in accordance with the relevant regulations; In the case of a majority or partial loss of working capacity, the enterprise may terminate the labor contract after the expiration of the medical treatment period and pay severance and medical subsidies in accordance with relevant regulations. Article 9 Anyone who commits fraud and gives false certificates of sick leave shall be dealt with as absenteeism once it is verified. Article 10 These provisions shall be interpreted by the municipal labor and social security administrative departments.
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