Pay attention to legal hotspots.
Capture the rule of law.
Interpret classic cases.
Baoshan Rong ** Center Law Popularization Publicity Short Series Program "Speaking of Law" invites people from the judicial circles to talk about laws and regulations, further enhance the legal awareness of the general public, popularize legal knowledge, and create a good atmosphere of "everyone knows the law and everyone abides by the law" in the whole society.
Say the Law - Legal Counsel by Your Side!
Arbitrator of Shanghai Baoshan District Labor and Personnel Dispute Arbitration Court.
Guest of this issue
Sitcoms
Boss, I've been injured at work, and I'm still in the treatment period, why is my salary so much money this month?You're paying me the minimum wage, that's not right!
You are paid by piecework, do more and take more, do less and take less, and you did not provide me with labor during the period of injury, and you were paid according to the basic salary, isn't it normal?
Hey boss, don't bully me for not knowing the law, you should pay me according to my normal salary standard!
According to the provisions of Hu Lao Bao Fu Fa (2004) No. 38, the original salary and benefits of the injured employee during the period of suspension of work and salary shall be paid by the employer on a monthly basis, and the standard shall be the average salary income of the injured employee in the 12 months before the injury. The original salary and benefits during the suspension period shall not be lower than the minimum monthly wage standard for employees in this city.
Therefore, in this case, although the employee was paid on a piece-rate basis, the wages for the period of suspension should be based on the average salary of the employee before the injury.
*: Shanghai Baoshan official WeChat.