-
If the output is not completed after a work-related injury, the employee may be evaluated in accordance with the employer's performance appraisal system, and the employee's performance salary shall be paid according to the evaluation results, and the employer shall not illegally deduct the employee's lawful wages. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Interim Regulations on the Payment of Wages
Article 18 The labor administrative departments at all levels shall have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:
1) Withholding or defaulting on the wages of workers without reason;
2) Refusal to pay wages for extended working hours;
3) Paying wages to workers at a rate lower than the local minimum wage.
The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.
Article 19 Where a labor dispute arises between a worker and an employer over the payment of wages, the parties concerned may apply to the labor dispute arbitration authority for arbitration in accordance with law. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
Labor Contract Law
Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.
Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
-
If you can't adapt to your original position, you can apply for a job transfer.
-
No wages will be deducted during the work-related injury, and according to the law, if the employee accepts ** due to work-related injury, the original salary and benefits will remain unchanged during the period of suspension of work.
1. How to calculate the salary during the period when the work-related injury is not at work.
If the wages for work-related injuries are not at work, the employer shall pay them on a monthly basis according to the original salary and welfare level. According to the relevant laws and regulations, if an employee is injured in an accident or suffers from an occupational disease due to work and needs 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, 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.
2. Whether the wages of work-related injuries should be deducted.
No deduction of wages is deducted for work-related injury leave. If an employee is injured in an accident or suffers from an occupational disease and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, 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 of the districted city, but the extension shall not exceed 12 months.
After the work-related injury employee is assessed for disability level, the original benefits shall be stopped and the disability benefits shall be enjoyed in accordance with the relevant provisions of this chapter. If the injured employee still needs to be injured after the expiration of the period of suspension of work and salary, he or she shall continue to enjoy the medical treatment of work-related injury.
3. How to calculate wages after work-related injuries.
After the work-related injury, the salary will be paid according to the original benefits. The benefits of the original salary of the injured employee during the period of suspension of work and pay remain unchanged, and shall be paid by the employer on a monthly basis. According to the relevant provisions of the regulations on work-related injury insurance, the injured employee stops working, and during the period of work-related injury, including the period of hospitalization and the period of recuperation after discharge, it is called the period of suspension of work with pay, and the salary and benefits during the normal work period before the accident injury remain unchanged, and shall be paid by the unit on a monthly basis.
Article 33 of the Regulations on Work-related Injury Insurance Article 33 If an employee is injured in an accident or suffers from an occupational disease due to 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 of work and salary, and shall be paid by the unit to which he or she belongs 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.
-
Hello, according to the law, the employer shall pay wages as usual during the work-related injury period. The period of suspension without pay is generally not more than 12 months.
-
According to the regulations, the employer shall not deduct the wages of the employee during the period when the employee is suspended due to injury.
-
The basic salary is generally not deducted. However, attendance bonuses are generally deducted.
-
Generally speaking, employees will not be deducted from their wages, and it is a work-related injury
For more information, please contact us, please rate.
If the negotiation fails, you can apply for arbitration, but you must first determine that it is a work-related injury before you can claim work-related injury compensation, and the following is the work-related injury determination procedure: >>>More
After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, if one of the parties requests arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration, and one of the parties may also directly apply to the Labor Dispute Arbitration Commission for arbitration. >>>More
In the event of a work-related accident, workers should learn to use the law to protect their legitimate rights and interests. For rights protection, there are the following suggestions: >>>More
1. Work-related injury reporting procedures: This procedure is only available if the employer has taken out work-related injury insurance for the employee in the work-related injury insurance institution. The employer shall, within 15 days from the date of the occurrence of the work-related accident or the date of diagnosis of the occupational disease, submit a work-related injury report to the local labor administrative department. >>>More