The Wages Of The Employees Who Have Been Injured In The Medical Period Can Not Be Given At Will.

I am a company with four years of service.

Three months ago, when I was traveling during my paid holiday, I was badly bitten by three stray dogs.

I was asked to stay in hospital and rest for two months after being diagnosed by the hospital.

I reported the situation to the company in time and got the approval.

When I returned to work after the medical treatment, I found that during my medical period, the company only paid wages to me on a symbolic basis of 200 yuan / month.

In the face of my doubts, the company said that I was not hurt for the sake of work, and did not provide the company with the slightest labor during the medical treatment period, nor did it create any benefits for the company.

Excuse me, is the company's statement correct?

The company's statement is wrong.

On the one hand, the company has you.

Statutory obligations.

This case involves a period of medical treatment. It refers to the time limit for employees to stop working and cure for illness or non occupational injuries, and not to release labor contracts.

In other words, even if employees are non

And the need for treatment, enterprises still have the obligation to pay wages to employees within a certain period.

This is no exception for you.

And the sick or non injured workers are injured.

The third provision of the regulation stipulates: "if an employee of a company needs to stop working for medical treatment because of illness or non occupational injury, he shall give three to 24 months' medical treatment according to his actual working life and working time in his unit. (1) the actual working life is less than ten years, and the working life of the company is less than five years for three months.

Correspondingly, in view of your working life in the company for four years, you can enjoy medical treatment less than 3 months.

According to the certificate issued by the hospital, after the company has asked for leave and approved, it has only been used for 2 months. It shows that the time limit is not exceeded. Therefore, the company can not shirk the obligation to pay you with any reason that you do not provide the slightest labor.

On the other hand, the salary amount in the medical period can not be determined by the company has the final say.

The fifth provision of "medical treatment for sick or non working injured workers" stipulates: "in the period of medical treatment, the sick wages, sickness relief fees and medical treatment of enterprise employees shall be carried out in accordance with relevant regulations."

The fifty-ninth article on the implementation of the "labor law of the People's Republic of China" points out: "during the period of treatment for sick or non injured workers, the enterprises pay their sick leave or sickness relief fees according to relevant regulations during the prescribed medical treatment period, and the sick leave or sickness relief fees can be paid less than the local minimum wage standards, but they should not be lower than 80% of the minimum wage standard."

That is to say, the bottom line of the company's exercise of autonomy is only 80% of the minimum wage standard, which is only 200 yuan / month, which is obviously against it.