In the course of handling the case, I found that many employers only pay wages according to the national minimum wage standard during the period between the time the employee is injured at work and the time the employment contract is terminated, which is very common, but the practice is obviously illegal.
Therefore, in order to protect the injured worker, the wage standard for the suspension of work during the work-related injury shall be calculated according to the average monthly wage of the injured employee in the 12 months before the work-related accident injury or occupational disease, and the average wage includes hourly wages or piece-rate wages, bonuses, allowances and subsidies, but does not include overtime wages. It is not the minimum basic wage agreed in the employment contract.
According to Article 33 of the Regulations on Work-related Injury Insurance, if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis. The period of leave without pay is generally not more than 12 months. The specific rest period of the shutdown is subject to the rest sheet issued by the hospital, which generally needs to go to a large hospital at the tertiary level, and the rest order issued by a small hospital such as outpatient clinic is definitely not possible.
If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.
Therefore, Article 38 of the Labor Contract Law stipulates that if the employer fails to pay the labor remuneration in full and in a timely manner, the employee may terminate the labor contract at any time on the grounds that the employer is at fault, and may require the company to bear economic compensation.
It should be noted that when exercising the right to terminate an employment contract, it is recommended to retain relevant evidence, such as employment contracts, salary slips, bank salary statements, notice of termination of employment contracts, etc., so as to protect your rights and interests when necessary. If the employer refuses to pay severance payments, it can apply for labor arbitration.