[Summary of the trial]
Article 16 of the Draft Amendment to the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance and Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China provide different provisions on the wage standards for employees during the treatment of illness or non-work-related injuries. Therefore, the claim for the difference in sick pay was not supported.
【Brief Facts of the Case】
On April 19, 2004, Mr. Wang joined a company in Beijing, and the two parties signed an indefinite labor contract with a term starting from April 19, 2008, stipulating that Mr. Wang would act as a translator. On December 26, 2018, a company in Beijing (Party A) and Wang (Party B) signed a "Negotiated Termination Agreement", stipulating that the labor relationship between the two parties would be terminated on December 31, 2018, and both parties confirmed that Wang's monthly salary before his resignation was 20,109 yuan.
Wang asserted that he underwent surgery due to illness, and that he had taken sick leave since the end of September 2016, and both parties confirmed that the period from February 1, 2017 to November 30, 2017 was Wang's sick leave. During the period from February 2017 to November 2017, after deducting the deduction of leave, the personal expenses borne by the housing provident fund, and the personal expenses of social insurance, the monthly actual wages were 1,512 yuan, 1,874.43 yuan, 1,512 yuan, 1,700.34 yuan, 1,716.94 yuan, 1,639.45 yuan, 1,639.45 yuan, 1,600 yuan, and 4,850.22 yuan respectively. Wang only recognized the actual amount and claimed that a company in Beijing should pay him sick pay in accordance with 80% of the minimum wage standard in Beijing during the period, but according to Articles 16 and 17 of the Draft Amendment to the Detailed Rules for the Implementation of the Regulations of the People's Republic of China on Labor Insurance, a company in Beijing should pay him 100% of his salary for the above period, and he claimed the difference between the two.
A company in Beijing stated that it had paid sick leave wages to Wang during the above-mentioned period in accordance with the standard of not less than 80% of the minimum wage standard in Beijing, and submitted a notarial certificate (2010) Jing Chang'an Nei Zheng Zi No. 17692 for its own claim, showing that the agent of a company in Beijing applied for evidence preservation of the content of the web page, which showed that Chapter 4 of the "Employee Handbook" of a company in Beijing was the management of working hours, rest and leave, and overtime, which stated that "Article 9 employees must consciously complete their attendance in accordance with the "Regulations on the Management of Working Hours, Rest and Vacation". Leave requests must be completed in accordance with the regulations and approved accordingly. The payment method of employees' medical period salary is as follows: the number of sick leave days X in each calendar year is: X≤ 24 days (working days), 24 working days and 12 months, and the salary (basic salary ratio) of medical treatment period is: 100%, 80%, 50%, 30%, and the monthly minimum wage standard. Wang did not recognize the authenticity of the evidence, saying that he had never seen it.
Wang demanded that a company in Beijing pay the difference in sick leave wages, and the two parties had a corresponding dispute over the sick leave pay standard and filed a lawsuit with the arbitration commission.
【Judgment Result】
The Beijing Haidian District Labor and Personnel Dispute Arbitration Commission issued a notice of inadmissibility of Jinghai Lao Ren Zhong Bu Zi (2020) No. 478 and decided not to accept it;
The Beijing Haidian District People's Court (2020) Jing 0108 Min Chu No. 14083 Civil Judgment rejected Wang's claim for the difference in sick leave wages;
The Beijing No. 1 Intermediate People's Court (2021) Jing 01 Min Zhong No. 1729 Civil Judgment upheld the original trial court's determination that it rejected Wang's claim for the difference in sick leave wages.
【Case Tips】
Employers are reminded to protect employees' right to rest during sick leave and the right to receive sick leave pay in accordance with the law. It should be noted that the standards of sick leave in Shanghai are different from those in other regions, and each region has different local regulations. Therefore, it is recommended that the employer implement the specific local regulations. For example, in Tianjin, if the company's rules and regulations do not specify that it is higher than the statutory standard, the salary during sick leave should be paid at no less than 80% of the local minimum wage, which has been found to be legal.
Workers are reminded that according to the relevant regulations of the State Council, from May 1, 2024, the sick leave pay standards specified in the Labor Security Regulations and the Draft Amendment to the Detailed Rules for the Implementation of the Labor Insurance Regulations implemented in 1953 will no longer be valid. Thereafter, the sick leave treatment during the sick leave of the employee will be fully implemented in accordance with the relevant policies of the local government. Unless there are special provisions, in principle, the employer should pay no less than 80% of the local minimum wage, and this practice is legal and effective. At the same time, if the employer fails to pay wages during the sick leave, or requires the sick leave to be deducted by means of test drives, etc., this is in principle a violation of the law.
Disclaimer: The content of this article is for reference only and is not intended as legal advice for specific cases.