Are you sick and deducting your salary?

If a worker is sick or is not injured by work, during the sick leave, the employer shall pay sick pay according to the labor contract or the collective contract. The employer shall pay sick sick wages no less than 80% of the city's minimum wage.

If the employee is sick or is not injured due to work-related injuries, the employer shall pay the employee's sick leave holiday pay at 60% of the standard salary of the person within the medical period prescribed by the state. That is to say, the employer can determine the sick pay standard between 60% and 100% of the standard salary, but regardless of the determined standard, the sick pay paid by the employer to the employee must not be lower than the minimum wage. Eighty percent. For example, if a company stipulates that sick pay is paid at 60% of the employee's standard salary, and the employee's standard salary is just the same as the minimum wage, the enterprise should pay 80% of the minimum wage during the sick leave period. wage. Otherwise, the wages will be deducted. The unit must pay the employee's salary in full and pay the employee an economic compensation of 25% of the total amount of wages. If you use this as a reason to terminate the labor relationship, you can also ask for the termination of the labor relationship economic compensation.

The payment standard for sick pay is: if the working age is less than 2 years, the salary is 60% for the person; if the person has been 2 years or less, the salary is 70% for the person who is less than 4 years old; if the person has been 4 years or less, the salary is 80%. The Ministry of Labor's "Opinions on Implementing Several Issues Concerning the Labor Law of the People's Republic of China" further stipulates that sick leave wages or sickness relief fees shall be paid in accordance with relevant regulations, but not lower than 80% of the minimum wage.

Article 16 A labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract.

The labor contract text is executed by the employer and the laborer.

Article 17 A labor contract shall have the following provisions:

The name of the employer, the domicile and the legal representative or principal responsible person;

The name, address and resident ID card of the worker or other valid ID number;

Labor contract period;

Work content and work location;

Working hours and rest breaks;

Labor remuneration;

Social insurance;

Labor protection, working conditions and occupational hazard protection;

Other matters that should be included in the labor contract as stipulated by laws and regulations.

Article 26 The following labor contracts are invalid or partially invalid:

By means of fraud, coercion or vicissitude, the other party may enter into or change the labor contract in violation of the true meaning;

The employer exempts its statutory responsibilities and excludes the rights of workers;

Violation of the mandatory provisions of laws and administrative regulations.

If there is any dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

Article 27 If the labor contract is partially invalid and does not affect the effectiveness of other parts, the other parts are still valid.

Article 28 If the labor contract is confirmed to be invalid, and the laborer has already paid the labor, the employing unit shall pay the labor remuneration to the laborer. The amount of labor remuneration shall be determined by reference to the labor remuneration of the same or similar post workers.

Wages Payment Regulations

Article 13 An enterprise shall pay wages to the employee himself. Where a laborer entrusts another person to receive a salary, the entrusted party shall provide the enterprise with a power of attorney signed and sealed when the employer receives the salary. When the employee himself or the client is receiving wages, he shall sign and seal it. Enterprises paying wages should provide workers with a personal salary list.

If an enterprise entrusts a bank to pay wages on its behalf, it shall deposit the wages into the employee’s own account.

Enterprises pay wages should make a payroll payment form. The salary payment form shall specify the issuing unit, the time of issuance, the name of the person to be distributed, the number of working days, the time for overtime work, the items to be issued and reduced, and the amount, and shall be kept in accordance with the law.

Article 16 If a laborer participates in social activities according to law in the statutory working hours, it shall be deemed to provide normal labor. The enterprise shall pay wages in accordance with the state regulations and the wage standards stipulated in the labor contract.

During the period of legal leave, marriage and funeral leave, the enterprise shall pay wages in accordance with the state regulations and the wages stipulated in the labor contract; when the workers enjoy maternity leave or breastfeeding leave according to law, the enterprise shall pay wages in accordance with the relevant provisions of the state and the province.

If the employee asks for leave, the enterprise may not pay the wages during the leave, but may not deduct the wages other than the leave.

2. Employees' leave holidays are consecutive for more than 5 days, during which public holidays or statutory holidays are counted.

Article 12 The sick leave of an employee shall not be offset by overtime work.

Article 13 Employees' sick leave within one year shall be more than one month, and they shall not enjoy the annual leave of the year; those who arrange for recuperation or recuperation may make up for the insufficient number of days of annual leave; those who are out of production or semi-production shall not enjoy the same year. annual leave.

Article 14 The mid- and senior-level staff members of the company shall be required to file a case in the general manager's office for approval, and shall record the contact information of the leave-in-person to prepare for emergency contact and maintain normal working order.

Chapter V Supplementary Provisions

Article 15 These Measures shall be interpreted and supplemented by the Ministry of Personnel and approved by the executive meeting of the general manager of the company.

The average company will have the company's internal "attendance system", according to this decision to take a few days off, according to leave or sick leave or other deductions.

Generally, if you have a seven-day break, you should have two days off, and you should not deduct your salary. This matter can ask colleagues who are paying for your unit, whether they are wrong.

It is still calculated by the company.