Can Workers Pay Financial Compensation On The Grounds Of Unpaid Sick Wages?

Case worker Yang worked for a company in 2009 for 12 months as a driver.

The company signed a labor contract with yang to pay social insurance for him.

In September 2014, Yang was diagnosed with diabetes.

Yang asked for sick leave from the company orally and negotiated with the company on behalf of the class. Yang did not work for the company again.

In November 12, 2014, Yang wrote to the company to terminate the labor relationship, saying that the company had not paid the sick leave wages, and the company had terminated labor relations with the company in accordance with the thirty-eighth provisions of the labor contract law, and asked the company to pay the economic compensation.

Both sides had labor disputes, and Yang applied for arbitration to the labor dispute arbitration committee, requesting the company to pay sick leave and remove the economic compensation for labor relations.

Comment on the controversial focus of the case: whether the employer's payment of sick leave is a legal release of "not paying the remuneration in full and in time"

Situation?

First of all, employing a company during the sick leave period of a worker shall pay sick leave to workers in accordance with the law.

According to the second regulations of the Ministry of labor on "medical treatment period for sick or non working injured employees" (No. 479 of labor department, No. 1994), third, the company has worked for 5 years in the company and enjoys 6 months' medical treatment according to law.

According to the original

The fifty-ninth provision on the implementation of several issues concerning the labor law of the People's Republic of China stipulates that during the period of treatment for sick or non injured workers, the enterprises shall pay their sick leave or sickness relief fees according to relevant regulations during the prescribed medical treatment period, and sick leave or sickness relief fees may be lower than the local minimum wage standards, but they must not be lower than 80% of the minimum wage standard.

At the same time, according to the twenty-second provision of the Anhui province's wage payment regulations, the workers should stop working if they are sick or not injured by work. In the period prescribed by the state, the employing unit shall pay sick and injured wages to the laborers in accordance with the stipulation of the labor contract and collective contract.

No less than 80% of the local minimum wage standard.

It can be seen that the workers should enjoy sick leave wages during the sick leave period. The employer should not deduct the sick leave wages of the workers without cause.

Secondly, according to the thirty-eighth and forty-sixth stipulations of the labor contract law, if the employer fails to pay the labor remuneration in full and in time, the laborer may terminate the labor contract, and the employer shall pay the financial compensation to the laborer.

According to the provisions on the composition of total wages ([1990] first of the National Bureau of Statistics) fourth, the total amount of wages is composed of six parts: (1) time wages; (two) piece rate wages; (three) bonuses; (four) allowances and allowances; (five) overtime pay; (six) wages paid under special circumstances.

The tenth rule: wages paid under special circumstances include: (1) according to the laws, regulations and policies laid down by the state, wages due to diseases, work-related injuries, maternity leave, family planning leave, marriage and funeral leave, leave of absence, family leave, vacation, stop study, implementation of state or social obligations and other reasons are paid by a certain proportion of the time wage standard or the time wage standard; (two) additional wages and retention wages.

Therefore, sick leave is a category of labor remuneration.

The employer fails to pay the sick leave of the worker in full, which is the case of insufficient payment of labor remuneration under the thirty-eighth provision of the labor contract law.

Therefore, in this case, a company did not pay the sick leave of Yang in accordance with the law, the act should be identified as "not paying the remuneration in full and in time".

When a company did not pay its sick leave, Yang proposed to terminate the labor contract, requiring the company to pay the economic compensation, in line with the provisions of the labor contract law.

Finally, the labor dispute arbitration commission supported Yang's request for arbitration, and decided to pay a company's compensation for the sick leave and the economic compensation for the dissolution of the labor contract.