The Suspension Of Wages And Salaries Is Not Allowed By Law.

Article thirty-third of the regulations on industrial injury insurance stipulates that workers need to suspend work and receive medical treatment for occupational injuries because they are injured by accidents or suffer from occupational diseases.

The period of suspension is usually less than 12 months.

After assessing the disability level, the injured workers are entitled to the original treatment and enjoy the disability treatment according to the relevant regulations.

Work-related injury workers still need to be treated after they stop working and leave their salaries, and continue to enjoy work-related injuries.

Case replay

In May 2013, Liaoning migrant worker Lao Xu went to a station freight pport company to do the pportation work.

The labor contract signed by both parties agreed that the basic salary of Lao Xu was 2300 yuan plus performance bonus, and the contract period was 3 years.

In November 20, 2014, Lao Xu accidentally injured his right leg in his forklift truck handling and was diagnosed as a fracture of the middle part of the right tibia.

After 32 days of hospital discharge, the doctor advised him to rest for 3 months.

In March 25, 2015, Lao Xu rechecked, and the doctor's prescription once again recommended Lao Xu to rest for 2 months.

The local industrial injury identification Department identified Lao Xu as a worker injured and constituted ten grade disability.

Afterwards, the local social security bureau paid Lao Xu a one-time disability allowance of 19600 yuan from the industrial injury insurance fund.

After the treatment and discharge from Lao Xu, the company paid a salary of 4600 yuan.

Lao Xu stopped work

After the end of the period, the company was unable to engage in the original work, asking the company to take care of the work properly.

The company said that unless it continues to do its original job, it can not be adjusted.

Lao Xu immediately said he would no longer work, and asked the company to pay a one-time disability employment subsidy, the economic compensation for the termination of the labor contract, and the wages during the period of suspension.

The company refused to pay the economic compensation for the cancellation of the labor contract and the wages during the period of suspension.

Lao Xu brought the arbitration to the labor dispute arbitration commission of the place where it was located.

Adjudication: the applicant's freight pport company pays the applicant's one-time disability employment subsidy (the Liaoning Provincial People's Government on the implementation of the "industrial injury insurance Ordinance"): the one-off disability employment subsidy is calculated according to the monthly salary of the employee, the ten level is 8 months) 22400 yuan; the salary for the suspension period is 15000 yuan (deducting the 4600 yuan already paid); and the economic compensation (calculated according to my 2 month wage standard) is 5600 yuan.

The goods pportation company disclaims the arbitration award and brings a lawsuit to the court.

After hearing the case, the court supported all arbitration results of labor arbitration according to law.

Legal analysis

First, during the medical treatment period, the original salary and welfare benefits will remain unchanged, and the monthly payment will be paid by the units in question. The two is "the original treatment of the workers after injury is assessed after the disability rating is assessed."

After the treatment and discharge of the case, the doctor issued a medical certificate which recommended that he rest for 5 months. The period should belong to the period of suspension and salary, and it did not exceed the 12 months stipulated by the law. The monthly salary should be paid by the unit according to the "original salary and welfare treatment" standard.

Lao Xu was assessed as a ten grade disability at the end of the 5 medical period. Therefore, the unit should pay 5 months' pay off wages in full.