How to pay workers' work-related injury wages

1、 Employee's Injury on-the-Job wages How to send

During the period of work-related injury, the salary of the employee shall be paid monthly by the original unit, Wages and benefits If the treatment is unchanged, it will be paid according to the pre injury wage standard. Basis《 Regulations on Work Injury Insurance 》Article 33 stipulates that employees are injured or injured by accidents due to work Occupational Diseases If it is necessary to suspend work for medical treatment Suspension with salary The original wages and benefits will remain unchanged and will be paid monthly by the company. Therefore, during the period of industrial injury, the salary of employees is consistent with the salary standard before the injury.

two . During the period of work-related injury Termination of labor contract

In principle, the employer cannot terminate the labor contract during the period of work-related injury. However, if the employee has other circumstances, or the employee himself proposes to terminate the labor contract, both parties can terminate it.

According to《 Labor Contract Law 》According to Article 42, if an employee is injured at work and is confirmed to have lost or partially lost Incapacity The employer may not terminate the labor contract in accordance with Article 41 of Article 40 of this Law.

That is to say, in most cases, as long as the employee loses or partially loses the ability to work after an industrial injury, the employer cannot terminate the labor contract unless there is a serious violation of the rules and regulations of the employer, serious dereliction of duty and malpractice, which has a significant impact on the employer, and is investigated for criminal responsibility according to law and other special circumstances prescribed by law, However, the laborer still has the right to terminate the labor contract.

3、 What should employers do if they don't pay wages during work-related injuries?

Article 33 of the Regulations on Work Injury Insurance clearly stipulates that "if an employee needs to suspend work to receive medical treatment for work-related injury due to accident injury or occupational disease at work, the original wages and benefits will remain unchanged during the pay retention period, and will be paid by the unit where he works on a monthly basis."

Therefore, it is illegal for employers not to pay wages during industrial injury, which infringes the legitimate rights and interests of the injured.

The dispute caused by this belongs to Labor dispute , can be directed to labor supervision The brigade complains and requests intervention and investigation. You can also directly Labor dispute arbitration The Commission applied for arbitration and requested the adjudication unit to pay the wages during the suspension of work with salary.

Employees suffer Industrial accident When dealing with accidents, this cycle is relatively long, and the injured employees often need to go to medical institutions for treatment in the early stage, so they can not normally participate in the work of the unit. However, after all, employees are injured for work reasons, so our country stipulates that during the period of industrial injury, the unit should pay the injured employees with salary after work stoppage, and the unit should also ensure that the original wages and benefits of the employees remain unchanged.