Is there a deduction for taking sick leave, and is there a deduction for taking sick leave

deduction, but still sick pay.

Draft amendments to the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor T

Article 16 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, in accordance with the provisions of Paragraph B of Article 13 of the Labor Insurance Regulations, be paid sickness and injury leave wages by the administrative side or the employer of the enterprise according to the following standards: 60 years of service for the employee; 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.

Article 17 When a worker stops working for more than 6 months due to illness or non-work-related injury, according to the provisions of Article 13, Paragraph B of the Labor Insurance Regulations, the sickness and injury leave salary shall be suspended and the sickness or non-work-related injury relief shall be paid on a monthly basis under the labor insurance**, and the standard shall be as follows: if the employee has worked in the enterprise for less than 1 year, the salary shall be 40 for himself; For those who have completed 1 year but less than 3 years, their salary is 50; For those who have been 3 years or more, the salary is 60 for themselves. This relief fee is paid until he is able to work or is determined to be disabled or dead.

Article 18 If a worker's salary is lower than the average wage of the enterprise, if the amount of the relief allowance received by a worker or employee is lower than the average wage of the enterprise 40, he shall be paid at the average wage40, but shall not be higher than his own wage.

Answer, support me.

Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China.

59.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 shall not be lower than 80% of the minimum wage standard.

Deduct the day's wages and add sick leave pay. The payment method of sick leave wages shall not be lower than 80% of the local minimum wage.

Labor. Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China.

Labor Ministry Fa 1995 No. 309.

59. During the period of illness or non-work-related injury**, the enterprise shall pay the employee 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 minimum wage standard.

Legal analysis: If an employee takes sick leave, the sick leave salary shall not be lower than 80% of the local minimum wage. During the period of illness or non-work-related injury**; During the prescribed medical treatment period, the enterprise shall pay the sick leave pay or sickness relief allowance in accordance with the relevant regulations, and the sick leave pay or sickness relief fee may be lower than the local minimum wage standard, but shall not be lower than 80% of the wage standard of the lowest grade.

Legal basis: Article 16 of the Draft Amendment to the Detailed Rules for the Implementation of the Labor Insurance Regulations.

In accordance with the provisions of Paragraph B of Article 13 of the Labor Insurance Regulations, the administrative side or the employer of the enterprise shall pay the sickness and injury leave wages according to the following standards: 60% of the salary of the employee who has worked in the enterprise for less than two years; For those who have completed two years but less than four years, 70% of their salary; For those who have completed four years but less than six years, 80% of their salary; For those who have completed six years but less than eight years, 90% of their salary; Those who have been cheating for 8 years or more will be 100% of their salary.

Legal analysis: If an employee takes sick leave, the sick leave pay shall not be less than 80% of the local minimum wage. During the period of illness or non-work-related injury**; During the prescribed period of medical treatment, the enterprise shall pay the sick leave pay or sickness relief expenses in accordance with the relevant regulations, 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 basis: Article 4 of the Labor Contract Law of the People's Republic of China The employer shall establish and improve labor rules and regulations in accordance with the law to ensure that employees enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall be discussed by the workers' congress or all employees, and the plans and opinions shall be put forward and determined through consultation with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

Legal analysis: 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.

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 provisions 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 not less than 80% of the minimum wage standard.

Legal analysis: 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 wages or sickness relief expenses in accordance with the relevant regulations during the specified medical treatment period, and the sick leave wages or sickness relief expenses can be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.

It can be seen from this that during the sick leave, the worker can still receive the salary of the worker, but it may not be as much as the original salary, but it cannot be determined that the salary has been deducted. 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.

Legal basis: Regulations on Paid Annual Leave for Employees

Article 2 Employees of government organs, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.

Article 3 Employees who have worked for 1 year but less than 10 years shall have 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave.

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Sick leave is generally not deducted from wages. Sick leave pay shall be paid during the sick leave period, which may be lower than the local minimum wage standard, but it cannot be regarded as a deduction of wages, and if the employer directly deducts wages during the sick leave, it is an illegal act. According to 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 expenses in accordance with the relevant provisions during the specified medical treatment period, and the sick leave pay or sickness relief expenses may be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard.

Is there a deduction for wages for sick leave?

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Sick leave is generally not deducted from wages. Sick leave wages should be paid during the sick leave period, which can be lower than the local minimum wage standard, but cannot be regarded as deducting wages. According to 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 expenses in accordance with the relevant provisions during the specified medical treatment period, and the sick leave wages or sickness relief expenses can be paid lower than the local rapid minimum wage standard, but not less than 80% of the minimum wage standard.

Legal basis: Article 59 of the Opinions of Huaiyin 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 injury, the enterprise shall pay the sick leave salary or sickness relief fee in accordance with the relevant provisions within the specified medical treatment period, and the sick leave salary or disease relief fee can be paid lower than the local minimum wage standard, but not less than 80% of the minimum wage standard