How to complain if you have signed a labor contract and do not pay your salary for sick leave

The sick leave company is required to pay wages and can file a complaint with the labor inspection department or apply for labor arbitration.

According to the notice of the Ministry of Labor on the issuance of the "Regulations on the Medical Treatment Period for Employees of Enterprises Suffering from Illness or Non-work-related Injuries" (Ministry of Labor [1 9 9 4] 4

Article 5 of No. 7 No. 9) stipulates that during the medical treatment period of an enterprise employee, his sick leave pay, sickness relief expenses and medical treatment shall be implemented in accordance with the relevant regulations.

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.

You can go to the labor inspection of the local social security bureau to complain on the spot, or you can directly call 12333 to consult and complain.

Legal analysis: You can negotiate with the company, labor arbitration, or file a lawsuit. It is illegal for the company to take sick leave without paying wages, and the employer should pay the sick leave pay.

According to the provisions of the "Opinions on Several Issues Concerning the Implementation of the Opinions", 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.

Legal basis: Opinions on Several Issues Concerning the Implementation of the Ministry of Labor 59 During the period when an employee is sick or injured non-work-related, the enterprise shall pay his sick leave pay or sickness relief expenses in accordance with the relevant provisions during the prescribed medical treatment period, and the sick leave pay or sickness relief allowance may be paid lower than the local minimum wage standard, but not lower than 80 of the minimum wage standard.

Legal analysis: If wages are not paid, you can go to the labor administrative department to complain.

Legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If you are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 85 of the Labor Contract Law of the People's Republic of China If an employer combines any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Summary. If an employee takes sick leave, the company may negotiate with the company, labor arbitration, or file a lawsuit if the employee does not pay the employee. It is illegal for a company to take sick leave without paying wages, and the employer should pay sick leave pay.

According to the provisions of the "Opinions on Several Issues Concerning the Implementation of the Opinions", 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.

If an employee takes sick leave, the company may negotiate with the company, labor arbitration, or file a lawsuit if the employee does not pay the employee. It is illegal for a company to take sick leave without paying wages, and the employer should pay sick leave pay. According to the provisions of the "Opinions on Several Issues Concerning the Implementation of the Opinions", during the period of illness or non-work-related injury, the enterprise shall pay the sick leave pay or sickness relief according to the relevant regulations 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.

Legal basis: "Opinions on Several Issues Concerning the Implementation of the Opinions" issued by the Ministry of Labor 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 lower than the local minimum surplus bridge wage standard, but shall not be lower than 80 of the minimum wage standard.

I am a part-time worker in Zhejiang from Hubei, and I haven't been to work for more than a year due to illness, and I still haven't received a month's salary and a half.

You can ask the company to settle your salary.

I have difficulty moving, how can I get paid?

They had to go to the Ministry of Manpower in person.

Now that I'm home, can I get a client to help me get my salary?

Yes, it can be delegated.

In this case, you can apply for a refund of wages through labor arbitration.

Legal Analysis: Yes, but it depends on the number of years of service.

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 given according to the actual number of years of work and the number of years of work in the unit: if the actual working experience is less than ten years, three months if the actual working experience is less than five years; six months for more than five years; Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months; 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.

OK. Reason: During the period of sick leave, the employer shall pay the wage difference according to the local wage regulations, and if the employer does not know that it is illegal, it may notify the employer to terminate the contract in accordance with Article 38 of the Labor Contract Law, and request the payment of sick leave wages according to the standard and compensation according to the number of years of service.

Legal basis: Labor Contract Law of the People's Republic of China

Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) the worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) The labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. 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. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of payment of economic compensation to the employee shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Legal Analysis: Filing a complaint with the labor inspectorate or applying for arbitration of a labor dispute.

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 an 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) If the actual working experience is more than 10 years, the working year in the unit is limited to less than 5 years, and it is 6 months; 9 months for those between five and ten years; 12 months for those who have been between 10 and 10 years and less than 5 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

Legal analysis: If the employer does not pay sick leave pay in accordance with the labor contract when taking sick leave, the employee can first negotiate with the employer to resolve the problem, and if the problem cannot be solved, the employee shall promptly file a complaint with the local labor inspection brigade and apply to the local labor arbitration institution for arbitration. If the problem cannot be resolved after labor arbitration, the employee or a lawyer shall file a labor lawsuit to protect their rights.

According to the relevant provisions of Chinese law, during the period of sick leave, the employer must pay the employee the corresponding proportion of sick leave pay, otherwise the employee shall pay the corresponding compensation. Therefore, when we take sick leave and encounter a similar situation, we must improve our legal awareness and know how to protect our legitimate rights and interests.

Legal basis: Article 47 of the Labor Law of the People's Republic of China An employer shall, in accordance with the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with the law. During the period of illness or non-work-related injury, the enterprise shall pay sick pay or sickness relief expenses within 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 not less than 80% of the minimum wage standard.

Article 4 of the Labor Contract Law of the People's Republic of China 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 discuss with the employee representative congress or all employees, put forward plans and opinions, and negotiate 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.