중국노동법 (병가임금 관리 실무 대책)

3. Working-level measures for sick leave management

Brokers selling fake sick books on the Internet are rampant, and many workers are using them to fake illnesses. There are many measures to prevent abuse of sick leave, but the most effective way of doing so is to reduce the amount of sick leave to the maximum.
The calculation formula for sick wages is not unified across the country and varies from region to region. The two factors that determine sick pay are the wage term 2 payment rate. Of these, how to do the "payment rate" is defined by local legislation in each region, which creates legal risks if a company violates it. However, how to set the "wage term" exists in a flexible way for the enterprise.

Most companies pay based on "basic pay," not ordinary wages. At this time, what turns into a labor dispute is not a short-term sick leave of days or weeks, but a long-term sick leave of more than a month. In this case, a labor dispute may arise with respect to the basis for payment of sick leave wages. Since the generous calculation of sick leave from the perspective of personalization management can lead to the abuse of sick leave due to the lack of Daewoo's regular business trip, the company needs to study ways to reduce the payment of sick leave as much as possible, and it is enough to make up for the difference even if a lawsuit arises from the difference in sick pay, so there is no need to be excessive legal correspondence.

[discussing the number of sick leave calculators in Shanghai court]
In late 2014, let's take a look at the debate on sick leave and overtime calculations in Shanghai City Court.
Discriminatory application standard for sick leave wages and overtime calculation machines
Number of hours paid for sick leave calculation and number of hours spent calculating overtime expenses
In case there is an agreement between labor and management (when the agreement between labor and management is concluded, etc.), the amount agreed upon by both parties shall be included in the same.
* The number of sick pay periods should be 70 percent or more of the normal work wage (the expected income of workers if they report to work normally) as agreed upon by both parties.
* If the agreed normal work wages of both parties are clearly unreasonable, calculate them as 70% of the net income.
In the absence of an agreement between labor and management, in the absence of an arrangement, in the absence of an arrangement, 70 percent of the normal working wage, or in the absence of an agreement, the actual wage standard for the workers is not clear.
(Note) Normal working wage: fixed monthly, excluding overtime or irregular bonuses
wages paid

As shown in the table above, the Shanghai District Court judges that there should be a clear distinction between the number of overtime pay calculations and the number of sick pay calculators that do not provide normal labor (the position that overtime pay should be applied more strictly than the number of sick pay periods).
If a labor-management agreement is made in advance and the amount is not lower than 70 percent of the total wage, the court shall not consider the labor dispute as a violation of the law. Even if there is no agreement, 70 percent of the actual normal wage is the number of sick leave wage calculators, which is not a violation in Shanghai. This is the judicial judgment standard in Shanghai, but other local-based companies may also be able to set up and operate sick wages at an appropriate level.
[Example] If the basic wage (or job pay, including key wage items such as job allowance) is about 70% of the normal monthly wage (excluding overtime expenses), the labor contract clearly states that "the term of the sick pay shall be paid."

Reasons for submitting employee false sick leave
If a worker avoids going to work due to various causes, or if there is a labor dispute with a company, the usual method is to submit a sick person. Reasons for submitting false or over-paved sick leave exist as follows:
ᄋ Suffering from the long-term disadvantages of personal request, personnel performance and year-end bonus, the medical institution submits the number of sick people instead
ᄋ Even though it is a small disease, it is over-paved as a major disease, so long-term rest from illness (especially in third-term women)
ᄋ In the event of a dispute with the company, a long-term sick person is paid to avoid going to work (sometimes aimed at obtaining economic compensation by inducing the company to lay off).
ᄋ Submit sick employees to receive notification of termination of labor contract and to receive medical equipment that cannot be fired for a certain period of time
ᄋ Payment of long-term sick leave and double-occupation with other jobs outside

[working-level measures]

If false sick leave is widespread in-house, it will lead to lax corporate regulations as well as lower productivity and higher labor costs. To prevent this, companies need to create and operate a standardized sick leave management system.

1 Limit of hospital issuing sick leave (most important)
The majority of Chinese companies are required to attach sick leave certificates issued by "the city’s second or current hospitals" or higher when submitting sick leave to employment rules, even those issued by third-grade hospitals. Otherwise, there is a possibility of easily issuing and submitting sick leave certificates through first-class hospitals or clinics in small, poorly managed neighborhoods.
In the case of large-scale factories with thousands of employees, a number of hospitals in the city are designated to submit sick leave certificates for examination. Depending on the size of the city, a designated hospital is also available for large cities. For smaller companies, it is necessary to clearly limit hospitals that issue sick leave certificates to second-class hospitals or medical insurance designated hospitals in cities where they are located.

Hospital Classification Criteria in China
ᄋ Class 1 Hospital (with less than 100 beds): In Korean terms, a health center, a clinic, and a small hospital
ᄋ Second-class hospitals (with a bed count of 101-500): Hospitals that perform comprehensive medical services
ᄋ Class 3 hospitals (501 beds or more): so-called general hospitals, university hospitals, etc.
** Class 3, 2 and 1 hospitals are again rated 3 according to the level in the same water supply.
Class 1 pack/sick/sick/sick/sick/sick

2 It is mandatory to attach relevant evidence to the application for sick leave (most important)
The application for sick leave [Sample 6-2] shall use a prescribed form containing the doctor’s name and telephone number, and shall be available for confirmation if necessary. In addition, for example, sick leave of two days or more is required to attach the medical leave certificate of one hospital to the application for sick leave of one day or more to prevent abuse of sick leave.
Medical registration card, medical record card, medical expenses receipt, etc.

Attachment of evidence shall not be approved for sick leave, but shall be deemed to be a personal request price and treated as unpaid If the company refuses to submit a written request for a sick leave, it shall be treated as an unauthorized leave of absence, send a letter of notice to work in writing, and if it fails to comply with the company's employment rules, the company shall take measures to cancel the contract.
In particular, it is mandatory to issue an official receipt, such as a pharmacy issued by a hospital, when an employee is on sick leave for more than a certain period of time (e.g., more than five days) in order to prevent the employee from repeatedly submitting sick leave or suddenly requiring long-term leave. Since the official receipt is printed on the printer, the company can go to the hospital on the basis of which both the person's name and time exist.

3 Strict procedures for screening of sick leave
Depending on the number of sick days, senior citizens, personnel managers, and even general accounting, the payments are made in stages.
The institution thoroughly checks if the requirement is met when submitting by long-term hospital staff, as it stipulates that the approval procedure is carried out. For example, approval of a department manager who has been on sick leave for three days, approval of personnel affairs for five days or more, and approval of general account for seven days or more.
It is desirable to divide sick leave into two types for the convenience of the entity’s labor management.
(a) within 30 days: short sick leave;
(b) Over 30 days: long sick leave
In case of long-term sick leave, the medical device is also required to be re-examined at the company-designated hospital, if necessary.
Upon written notice, the medical institution shall take measures to terminate the labor contract if the medical institution fails to return even after the expiration of the medical institution.

4 Specify the authority to review sick leave of the company
In China, the issuance of sick leave certificates issued by brokers is common. Therefore, if the company raises reasonable doubts on the sick leave certificate submitted by the employee, the employment rules shall state the right to require the employee to go to the company-designated hospital for a re-examination.
The main targets of the re-examination include the submission of sick leave several times on a weekly or two-week basis, the submission of excessively long-term sick leave (certificate of sick leave for more than one month) or the submission of suspicious sick leave at the time of labor dispute with the company.

5 The employment rules stipulate punishment for false patients
The employment rules stipulate the punishment rules for false diseases, and the corresponding regulations are based on them.
take punitive measures For example, the act of submitting false sick leave is a serious violation of the company's rule system and specifies that labor contracts can be lifted.

6 Rational reduction of sick pay
If medical care is good, income that is not much different from normal business trips is maintained, so it is more likely to happen, such as deliberately submitting a false hospital, making a small bottle into a large bottle, or taking long-term sick leave and holding a concurrent job elsewhere. Therefore, it is desirable to create a wage structure so that the longer the sick leave, the less wage income.

ᄋ By changing the single wage structure of "basic pay + allowance", the proportion of other items is reduced and the resulting variable bonus items are expanded (if there are no existing items, new items are newly created and part of the wage increase is allocated).
Decrease or cancel performance bonus if monthly sick leave exceeds a certain number of days
ᄋ In connection with the annual absenteeism and tardiness situation (the number of days for which the medical leave is extended), the year-end bonus shall be paid by reducing the proportion of the employee with a long period of sick leave to a certain percentage corresponding to the period of sick leave, rather than paying a fixed amount to all employees
ᄋ The employment rules state that if the sick leave period reaches a long period of time, the employee will not be subject to wage hikes. For example, for those who have accumulated more than one month per year, they are not eligible for regular wage increases.