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What is the salary leave period for work injury shutdown in Suzhou?

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Source: Legal Chart Compilation · 2024.02.23 · 7277 people have seen it
Guide: In Suzhou, there is no difference between the salary during the work-related injury shutdown period and the usual salary. The employer should pay the relevant salary in full. During the work-related injury shutdown period, employees should also carry out disability identification, and request the employer to make compensation according to the results of disability identification standards. Those who refuse to make compensation can be settled through labor arbitration.

 What is the salary leave period for work injury shutdown in Suzhou?

1、 Suzhou Injury on-the-Job Suspension with salary What is the treatment?

Suspension with salary Wages and benefits The treatment is flexible. Post salary Post subsidy and safety performance bonus belong to wages Within the total amount, the unit shall pay in full. For the floating salary, the company can refer to the employee's normal labor income to pay the salary during the suspension period. If the employee thinks that the wages paid by the unit for the suspension period do not meet the《 Regulations on Work Injury Insurance 》It is stipulated that mediation can be applied to the trade union at that time.

(1) If the employee has worked in the company for 12 months before the industrial injury, the average monthly salary (including basic salary, bonus, allowance and Overtime pay )Calculate the original wage standard;

(2) If the employee has worked in the unit for less than 12 months before the industrial injury, the original wage standard shall be calculated according to the monthly average wage of the actual number of working months before the industrial injury.

(3) If the employee has worked less than one month before the industrial injury, the original salary standard shall be calculated according to the monthly salary agreed in the contract; If the original salary amount has not been agreed or cannot be determined, the original salary standard shall be calculated at not less than 60% of the social monthly average salary of the city's employees in the previous year.

2、 Judicial interpretation

Generally, the leave of pay period for shutdown shall not exceed 12 months, which shall be determined according to the injury condition. Most provinces have issued the Classification Catalog of Work Injury Workers' Work Suspension and Salary Retention Period to determine the length of work suspension and salary retention period corresponding to specific injuries. If the injury is serious or special, it can be extended appropriately, but the extension shall not exceed 12 months. The Regulations on Work Injury Insurance has no clear provisions on the determination of the wage retention period for work stoppage. According to the relevant provisions on the wage retention period for work stoppage in provinces and municipalities directly under the Central Government, employers (such as Beijing City, Shandong Province) or Appraisal of labor capacity Committee (such as Hebei Province) to determine. The extension of the suspension period with salary shall be uniformly confirmed by the labor capacity appraisal committee of the city divided into districts.

What needs to be clear is that the treatment standard of Suzhou for the leave of pay period for industrial injury ceremony is handled according to the relevant national laws and regulations, but according to the characteristics of Suzhou's economic development level, the treatment of the leave of pay period for industrial injury shutdown can be reasonably adjusted to meet the local economic development level, and the specific situation should be determined by the judicial authority according to the actual situation.

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  • During the suspension period, the original wages and benefits will remain unchanged and will be paid by the unit on a monthly basis. The original salary is not defined in the Regulations on Industrial Injury Insurance, and the following calculation methods are generally stipulated in various regions: 1. Wages other than overtime pay before injury (Opinions on Several Issues Concerning Industrial Injury Insurance issued by the Department of Human Resources and Social Security of Henan Province); 2. Average salary of 12 months before injury (Regulations of Guangdong Province on Industrial Injury Insurance).
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  • Treatment of work-related injury shutdown with salary: If an employee needs to suspend work to receive medical treatment for work-related injury due to accident injury or occupational disease, the original salary and welfare treatment will remain unchanged during the shutdown with salary, and will be paid by his unit on a monthly basis. The downtime leave with salary period is generally not more than 12 months. If the injury is serious or the situation is special, it can be extended appropriately after being confirmed by the labor capacity appraisal committee of the city divided into districts, but the extension shall not exceed 12 months. After assessing the level of disability, the injured workers shall stop paying their original benefits and enjoy disability benefits in accordance with the relevant provisions of this Chapter. If the injured workers still need treatment after the period of suspension with salary expires, they shall continue to enjoy medical treatment for work-related injuries.
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  • According to the Regulations on Work Injury Insurance and the Labor Contract Law, during the period when an employee needs to suspend work to receive medical treatment for work-related injury due to work-related injury or occupational disease, he or she can enjoy the following benefits of suspension with pay: (1) During the period of suspension with pay, the unit shall not terminate or terminate the labor relationship. (2) The original salary and welfare benefits of the employees will remain unchanged during the shutdown period, and will be paid by the unit where they work on a monthly basis.
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