Sick leave means that when a worker needs to stop working for medical treatment due to illness or non-work-related injury, the enterprise shall give a certain amount of sick leave according to the actual working years of the worker and the working years in the unit.
How to calculate sick pay? Throughout the legislation on sick pay in various places, there are mainly three modes:
1. Pay according to the employee's length of service and salary in a certain proportion;
2. Pay according to a certain proportion of the employee's salary;
3. Pay wages according to labor contracts and collective contracts.
Each of the three models has its own merits, but one aspect is the same, and they all stipulate the "minimum standard" of sick pay. The basis comes from Opinions on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC): sick pay or disease relief can be paid below the local minimum wage, but it shall not be less than 80% of the minimum wage. But in fact, there are still many units that decide on their own that the sick pay of their employees is lower than the standard stipulated by law.
situation
2065438+September 2005, Dai entered an electronics subsidiary in Hangzhou as a front-line operator with a monthly salary of 3,000 yuan and a bonus. Prior to this, Dai's practical work experience was 6 years. In March this year, Dai accidentally fell down at a party with friends and spent two months in treatment and rehabilitation. To Dai's dismay, during the sick leave, the company only paid 600 yuan sick leave every month. The company explained that the basis of payment was "company regulations", and the minimum wage in Hangzhou at that time was 1650 yuan. After the communication with the company failed, Dai had a question: Can the employer determine the sick pay of employees at will?
The lawyer answered the question.
Dai's actual working experience is 6 years, and his working experience in this unit is less than one year. Therefore, Dai's medical treatment period is 3 months. According to the Provisions of the Ministry of Labor on Medical Treatment Period for Employees Suffering from Illness or Non-work-related Injury (Zhejiang Labor Insurance [1995] No.231), the sick pay is my salary (excluding overtime pay, bonus, allowance and price living allowance; The same below) 50%, but the minimum wage can not be less than 80%. In this case, if the unit pays sick pay at 50% of my salary, the monthly sick pay is 1500 yuan, which is higher than 80% of the minimum wage, that is, 1336 yuan. Therefore, the monthly salary that the unit should pay to Dai is 1336 yuan.
Legal tips
1. Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC) stipulates that during the treatment of employees' illness or non-work-related injuries, during the prescribed medical treatment period, enterprises shall pay their sick pay or disease relief funds in accordance with relevant regulations, which may be paid below the local minimum wage, but shall not be less than 80% of the minimum wage.
2. Article 34 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC) stipulates that the employer shall not terminate the labor contract upon the expiration of the medical treatment period, pregnancy, childbirth and lactation period, except under the circumstances stipulated in Article 25 of the Labor Law. The term of the labor contract automatically extends to the medical treatment period, pregnancy, childbirth and lactation period.
3. Notice on Forwarding the Provisions of the Ministry of Labor on the Medical Treatment Period for Employees Suffering from Illness or Non-work-related Injury (Zhejiang Labor Insurance [1995] No.231): 2. About the calculation and payment of sick pay: 1. If an employee suffers from illness or non-work-related injury and has been sick for less than six months, he shall be paid sick pay according to his continuous length of service. The standard is: 50% of my salary if I have less than ten years of continuous service; 60% of my salary if I have worked continuously for ten years but less than twenty years; 70% of my salary if I have worked continuously for more than 20 years and less than 30 years; 80% of my salary if I have worked continuously for more than 30 years.
risk prevention
So for the company, because the sick leave system belongs to the rules and regulations involving the vital interests of workers, in order to set up the sick leave system of the company and make it legally effective, it must have three legal elements: legal content, democratic procedure and employee publicity.
First, the relevant content must be legal, and the sick pay should not be less than 80% of the local minimum wage, so it is obviously inappropriate for the company to pay sick pay to 600 yuan every month;
Second, the sick leave system needs to be submitted to the workers' congress or all employees for discussion. The company shall negotiate with the trade union or employee representatives on an equal footing and inform each employee in time;
Third, the company should formulate a system to take care of sick employees.
How to deduct sick pay?
Provisions of Labor Law on Sick Pay-Calculation Formula of Sick Pay;
Monthly sick pay = sick pay calculation base × corresponding sick pay calculation coefficient.
Daily sick pay = calculation base of sick pay ÷ calculation coefficient of paid day in the current month × corresponding sick pay.
In life, no one is sick, so it is inevitable to ask for sick leave at work. However, some units deduct all the wages of the day as soon as they call in sick. Therefore, workers should be clear about the provisions of the labor law on sick pay and learn to use legal weapons to safeguard their rights.
Legal objectivity:
The provisions of the medical period of the workers who are ill or not for the cause of the work
Article 5
During the medical treatment period, the sick pay, disease relief funds and medical treatment of enterprise employees shall be implemented in accordance with relevant regulations.
Opinions on Several Issues Concerning the Implementation of People's Republic of China (PRC) Labor Law
Article 59
During the treatment of employees' illness or non-work-related injuries, the enterprise shall pay their sick pay or disease relief funds in accordance with relevant regulations within the prescribed medical treatment period. Sick pay or sickness relief can be paid below the local minimum wage, but not less than 80_ of the minimum wage.