Labor law provisions on leave

Article 11 The labor security administrative department shall implement labor security supervision on the following matters:

The employer shall formulate internal labor security rules and regulations;

The employment contract between the employer and the employee;

The employer complies with the prohibition on the use of child labor;

The employer complies with the regulations on special labor protection for female employees and juvenile workers;

The employer complies with the regulations on working hours and rest and vacation;

The employer pays the wages of the workers and enforces the minimum wage;

Employers participate in various social insurance and payment of social insurance premiums;

Employment agency, vocational skill training institution and vocational skill appraisal and certification institution shall abide by the state's regulations on employment introduction, vocational skill training and vocational skill appraisal and appraisal;

Other labor security supervision matters stipulated by laws and regulations.

Article 17 The labor security administrative department's investigation of violations of labor security laws, regulations or rules shall be completed within 60 working days from the date of filing the case; if the situation is complicated, it may be approved by the person in charge of the labor security administrative department. Extended by 30 working days.

Article 25 If an employer violates labor security laws, regulations or rules to extend the working hours of laborers, the labor security administrative department shall give a warning, order it to be corrected within a time limit, and may be in accordance with the infringed laborers of 100 yuan to 500 yuan each. The standard calculation is fined.

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.