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According to the Detailed Rules for the Implementation of the Regulations on Labor Insurance of the Ministry of Labor, sick leave should be paid.
Sick leave pay standard: According to the employee's length of service in the company, the employee will be paid according to the following proportion.
Those who have worked for less than 2 years will receive 60 yuan of their salary;
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 are less than 6 years, their 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 or more, the salary is 100 yuan.
Basis for compiling wages during sick leave: All monthly wage workers are calculated on a monthly basis, and all piece-rate workers are calculated on the basis of their average wage for the past three months. However, the wages of all workers shall not be less than 80% of the minimum wage, and if it is lower than this standard, it shall be paid at 80% of the minimum wage.
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According to the law, the basic salary is 80% of the original salary. But in the face of some unreasonable companies, you have nothing to do, he will not do it in accordance with national regulations, work on Saturdays, do not pay overtime, is this a national regulation? In the same way, there is no way, and it is useless for you to go to the labor bureau to file a complaint.
I'm here for 6 days a week, and I work 26 days a month, so if I want to stay, I can only endure it, and I will administer justice to us. No way.
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Yes, be ready to leave your job, go to the labor bureau to sue him,
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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.
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When an employer formulates, amends, or decides on rules and regulations or major matters related to labor remuneration, working hours, rest and vacation, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.
Legal basis: Civil Code of the People's Republic of China
Article 203:Where the last day of the period is a statutory holiday, the day following the end of the statutory holiday shall be the last day of the period. The cut-off time on the last day of the period is 24 o'clock; If there is a business time, the time for stopping business activities is the deadline.
Article 204:The method of calculating the period is to be in accordance with the provisions of this Law, except as otherwise provided by law or otherwise agreed upon by the parties.
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Legal Analysis: Sick leave, no deduction of 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 standard for the employee's sick leave between 60% and 100% of the standard salary.
Legal basis: "Provisions on the Medical Treatment Period for Employees of Enterprises Who Are Sick or Blind or Injured Non-work-related Injuries" 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 service 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.
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Sick leave is generally not deducted from wages. During the medical treatment period stipulated by the state, the employer shall pay the employee the leave salary for illness and injury at a rate not less than 60% of the employee's salary for normal working hours, 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 48 of the Labor Law of the People's Republic of China The State implements a minimum wage guarantee system. 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.
The wages paid by the employer to the employee shall not be lower than the local minimum wage.
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1. It is reasonable for the employer to deduct the employee's salary due to sick leave, but the salary after deduction shall not be less than 80% of the local minimum wage. Employers are required to pay sick pay to employees at a rate higher than that.
2. Legal basis:
Article 4 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees.
If the medical treatment period is three months, it will be calculated according to the cumulative sick leave time within six months; 6 months is calculated based on the accumulated sick leave time within 12 months; Nine months shall be calculated as the cumulative time of sick leave and staring in 15 months; 12 months shall be calculated as the accumulated sick leave time within 18 months; 18 months shall be calculated based on the accumulated sick leave time within 24 months; 24 months is calculated based on the accumulated sick leave time within 30 months.
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It is reasonable to take sick leave to deduct wages, but it cannot be less than 80 per cent of the lowest wage rate. The minimum wage is based on the standard of each region. The law stipulates that:
For those who take sick leave within 6 months, the administrative side of the enterprise or the employer shall pay the sick leave salary according to the following standards: for those who have worked in the enterprise for less than 2 years, 60% of their own salary; 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 are less than 6 years, their 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 or more, the salary is 100 yuan. When it exceeds 6 months, the sickness and injury leave pay will be suspended, and the sickness or non-work-related injury relief will be paid on a monthly basis under the labor insurance**, and the standards are as follows:
Those who have worked in the enterprise for less than 1 year shall be 40% of their salary; For those who have completed 1 year but less than 3 years, 50% of their salary; For those who have been 3 years or more, 60% of their salary. This relief fee is paid until he is able to work or is determined to be disabled or dead.
Legal basis] Article 17 of the Draft Amendment to the Detailed Rules for the Implementation of the Labor Insurance Regulations.
When a worker stops working for more than six months due to illness or non-work-related injury, according to the provisions of Article 13 of the Labor Insurance Regulations, the sickness and injury leave pay shall be suspended, and the compensation for illness or non-pickpocket injury shall be paid on a monthly basis under the labor insurance**, and the standards are as follows: 40% of the salary of the employee who has worked in the enterprise for less than one year; For those who have completed one year but less than three years, 50% of their salary; For those who have been for three years or more, 60% of their salary. This relief fee is paid until he is able to work or is determined to be disabled or dead.
deduction, but still sick pay.
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