How Do We Calculate The Wages Of Work-Related Injuries During The Stay?

Article thirty-third of the regulations on industrial injury insurance stipulates that workers need to suspend work and receive medical treatment for occupational injuries because they are injured by accidents or suffer from occupational diseases.

The period of suspension is usually less than 12 months.

If the injury is serious or the situation is special, it can be appropriately extended by the municipal labor capacity appraisal committee established by the District, but the extension shall not exceed 12 months.

After the disability grade, stop the original treatment and enjoy the disability treatment according to the relevant provisions of this chapter.

Work-related injury workers still need to be treated after they stop working, and continue to enjoy medical treatment for work-related injuries.

Then, how to grasp the standard of the original wages and benefits? In practice, there will be different understandings. For example, Guangdong considers that the original wage and welfare treatment refers to the average wage of the injured workers in the twelve months before their work-related injuries.

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The workers who are injured in work for less than twelve months will calculate the average wages and benefits according to the actual number of months.

I think this regulation is more reasonable.

Workers deserve wages every month.

The main difference lies in various types of deductions and charges.

Due wages: the total amount of wages payable without social security, housing provident fund and personal income tax; actual wages: the actual wages, namely, tax deductible, social security fees, provident fund and other expenses.

As the social insurance premiums, taxes and other deductions, which are withheld by the employer, are all part of the individual's labor income, the employer only undertakes the withholding obligation.

Therefore, the part deducted is actually the wages of the laborers, which should be included in the wage income. When calculating the economic compensation, the wages should be calculated before the tax and social security fees are not counted as the base of calculation.

The labor contract law stipulates that economic compensation shall be paid to laborers according to the number of years worked by the laborers in their units and the wages paid for one month per year.

For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months.

Monthly wages refer to the average wages of workers within twelve months before the termination or termination of labor contracts.

Is the wage here a wage or a real wage? The twenty-seventh provision of the labor contract law stipulates that the monthly wages for the economic compensation stipulated in the forty-seventh clause of the labor contract law shall be calculated according to the wages payable by the laborers, including time wages or piecework wages, and monetary income such as bonus, allowance and subsidy.

The average wage of a worker within 12 months before the termination or termination of the labor contract is lower than the local minimum wage standard shall be calculated according to the local minimum wage standard.

If the workers are less than 12 months' work, the average wage shall be calculated according to the actual working months.

The above is the normal way of calculation, but there is a special case to note, that is, the monthly salary of laborers is higher than that of the people's Government of the municipality directly under the central government and the Municipal People's government at the municipal level, and the average monthly wage of the workers in the region is three times that of the previous year. The standard of paying the economic compensation is three times the average monthly wage of the workers, and the maximum period of payment for the economic compensation is not more than twelve years.