The suspension period of pay is more than four months, and the unit has not solved it, and the unit

I only know that there is a suspension of work, and I have not heard of a suspension of work and salary, so if you don't have to work, will you still be paid? If you haven't worked for more than 4 months, of course the employer won't pay you a salary. Whether the employer gives you living expenses should be determined according to the contract you signed with the unit.

This is the case when a contract is signed.

According to the provisions of the law, if a written contract is signed, the contract shall be established when both parties sign or affix their seals, and if the terms of the contract are not equal, the contract shall not affect the conclusion of the contract, but the contract may be revoked after its conclusion.

Article 32 of the Contract Law stipulates that if the parties conclude a contract in the form of a contract, the contract shall be formed when both parties sign or affix their seals.

Article 33 stipulates that [Confirmation and Formation of Contract] If the parties conclude a contract in the form of letters, data messages, etc., they may request the signing of a confirmation before the conclusion of the contract. The contract is concluded when the confirmation is signed.

Article 54 stipulates that [voidable contracts] One of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:

1) It was concluded due to a major misunderstanding;

2) It is obviously unfair at the time of the conclusion of the contract.

If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.

Where a party requests a modification, the people's court or arbitration institution must not revoke it.

2. Types of liability for breach of contract.

1. Liability for breach of contract: Liability for breach of contract refers to the liability that the parties should bear when they fail to perform or do not fully perform the contractual debts;

2. Liability for anticipatory breach of contract: The so-called liability for anticipatory breach of contract refers to the liability that one party clearly indicates to the other party that it will not perform its contractual obligations after the effective conclusion of the contract and before the arrival of the performance period agreed in the contract, or the party's own behavior or objective facts imply that it will not be able to perform its contractual obligations according to the contract;

3. Liability for negligence in contracting: In the process of concluding a contract, if one party fails to form, invalidate or revoke the contract due to its fault, and the other party suffers a loss of trust interests, the fault party shall bear the responsibility.

How is the pay period determined? The period of suspension of work with pay is a concept stipulated in the Regulations on Work-related Injury Insurance, which refers to the fact that if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary, salary, welfare, insurance and other benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. Generally, it will not exceed 12 months, and if the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee of the city divided into districts, but the extension shall not exceed 12 months.

After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury. If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Under normal circumstances, the employee will go to the work ability appraisal in time after the injury is stabilized, and if he can continue to work, the worker will resume work in time after the work ability is determined, and there is no major dispute about the determination of the suspension period. However, in practice, the situation in this case may occur: the employee's injury has long been stable and able to work normally, but he has not undergone a work ability evaluation, and the date of the labor ability evaluation conclusion has been a long time before the date of his return to work.

As a result, disputes often arise between employers and employees. Article 31 of the Regulations on Work-related Injury Insurance stipulates that "if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis." The period of leave without pay is generally not more than 12 months.

If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter. If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible. According to the above provisions, the period of suspension with pay shall begin when the employee is injured in an accident at work or is suspended from work due to occupational disease to receive medical treatment for work-related injuries, and ends after the work-related injury of the injured employee is assessed for disability. Since there is no clarity on the method of calculating the period of leave without pay, two different views have been formed on the interpretation of this article.

One view is that the period of suspension with pay should end on the date of the conclusion of the appraisal of work ability, and this argument is based on the fact that Article 31 of the Regulations on Work-related Injury Insurance stipulates that "after the work-related injury employee has been assessed for disability, the original benefits shall be suspended", which can be referred to as the "appraisal cut-off theory". Another view is that the period of suspension with pay should end on the date on which the employee can work normally, which is based on the fact that Article 31 of the Regulations on Work-related Injury Insurance stipulates that "if it is necessary to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay", which can be referred to as the "resumption of work cut-off theory".

The unit that has suspended work and retains wages shall pay living expenses to its employees.

In fact, this is all a matter to be solved by their own units

Legal analysis: The period of suspension with pay is generally not more than 12 months, and the longest is not more than 24 months. Regarding the specific length of the period of suspension with pay, the state has no unified regulations, generally based on the location and degree of the work-related injury, the needs and individual differences, with reference to the diagnosis certificate of the work-related injury medical institution, and generally does not exceed 12 months.

In order to strengthen and standardize the management of the period of suspension of work and pay for employees injured at work, each province has generally formulated its own measures for the management of the period of suspension with pay, a classified catalogue of the period of suspension with pay, and other local documents, which can be implemented in parallel. If the injured employee has completed the period of suspension with pay, the injury has not been stabilized or healed, and he or she cannot resume work but still needs to continue** or **, he or she shall apply for an extension of the suspension period with pay, and the labor ability appraisal agency shall confirm the extension of the suspension period with pay, but the extension shall not exceed 12 months. If an application for an extension of the period of suspension with pay is not submitted within the prescribed time, the period of suspension with pay shall be terminated upon expiration.

The specific content can be implemented in accordance with the actual regulations of Luxing.

Legal basis: Article 33 of the Regulations on Work-related Injury Insurance If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

Derivative question: Who decides the length of the leave without pay?

The length of the suspension period shall be determined according to the injury and illness of the injured employee, and generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the Labor Energy Belt Zhaoli Appraisal Committee at the districted city level, but the extension shall not exceed 12 months.

1. The suspension of work and salary is generally not more than a few months.

1. The suspension of work and pay is generally not more than 12 months. Generally, according to the location and degree of work-related injury, ** needs and individual differences, with reference to the diagnosis certificate of the work-related injury medical institution, generally not more than 12 months, if the application for extension of the suspension period is not submitted within the specified time, the suspension of blind work and pay period shall be terminated upon expiration, and the expiration of the suspension period shall be assessed by labor ability, and compensation shall be applied for according to the results of labor ability appraisal, and the compensation shall be paid by the work-related injury insurance, and if the company does not purchase work-related injury insurance for the employee, the compensation shall be borne by the company.

2. Legal basis: Article 533 of the Civil Code of the People's Republic of China.

After the conclusion of the contract, if the basic conditions of the contract have undergone major changes that were unforeseeable by the parties at the time of conclusion of the contract and are not commercial risks, and it is obviously unfair to one of the parties to continue to perform the contract, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract.

The people's court or arbitration institution shall, in light of the actual circumstances of the case, modify or terminate the contract in accordance with the principle of fairness.

Article 534.

Where parties use contracts to carry out acts that endanger the national interest or the public interest, the market regulation and other relevant administrative departments are responsible for supervising and handling them in accordance with the provisions of laws and administrative regulations.

2. Under what circumstances can the parties terminate the contract?

1. The purpose of the contract cannot be achieved due to force majeure;

2. Before the expiration of the performance period, one of the parties clearly states or the orange infiltrator shows that it does not perform the main debt by its own behavior;

3. One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4. One of the parties delays the performance of debts or has other breaches of contract, resulting in the failure to achieve the purpose of the contract.