배움과 공유의 시간

2. Wage for sick leave

(1) Rules for calculation of sick wages

The sick leave consists of two parts: the sick leave wage term and the sick leave wage ratio. During the period of sick leave, the employee does not provide normal labor, so sick wages should be naturally lower than normal wage levels. Therefore, calculate the sick rate by discounting it twice as shown below.

Calculation formula: sick leave wage term (base) × sick leave wage ratio

1 Number of sick leave wage terms: the number of sick leave wage terms, for example, "basic salary," etc.
In the case of a calculation, the number of units (bases) becomes the agreed wage item, not the entire wage. therefore
Focusing on major fixed wage items, excluding allowances, subsidies, and performance benefits, on labor contracts
It is desirable to make an agreement on the number of sick pay periods.
2 The rate of sick pay varies somewhat from region to region, but most regions have a percentage depending on the number of years of service.
be set at a different level The sick leave period will be six months on the alert, and the payment ratio will be lowered.
[Wage for sick leave] = (Number of sick leave wage calculators (基数)2121.75) × rate of sick leave × days of sick leave

(2) Applying the combination of national unification and local rules;

The rules for the payment of sick wages exist throughout the country, and if there are no local rules, the national unification rules will be enforced nationwide.
Only unified rules apply, but if local rules are present, central and local rules are applied at the same time.

1 National Unification Rule - stipulate the minimum minimum wage limit for sick leave only
The minimum wage for sick leave is 80 percent of the minimum wage for the country. That is, sick leave is not an option.
It should be more than 80 percent of the minimum wage.

[A little bit of a question on the enforcement of Labor Law]
Article59 In cases where a worker is in the treatment period due to illness or non-work injury, in the case of a prescribed medical period, the entity shall pay sick leave wages or disease relief expenses in accordance with the relevant regulations, and the sick leave wage or disease relief cost may be lower than the local minimum wage standard, but cannot be lower than 80 per cent of the minimum wage standard.

2 Local rules - specifically stipulate how sick wages are calculated
Various local gender laws stipulating how to set up sick leave wage terms and the rate of sick leave wage rates in each province
As the entity operates (eg wage payment ordinance, etc.) and so on, the entity identifies the relevant rules of location.
need of
Among the local sick leave rules, Beijing is the most favorable to business. In the city of Beijing, one can make an agreement on the number of sick pay periods in labor contracts and execute them by lowering the minimum wage by up to 80 percent, regardless of the high wages of one's own.
The majority of provinces except Beijing have stipulated that sick wages should be paid by multiplying the rate of payment by the length of time and years of service. Therefore, in order to reduce the number of sick pay periods (bases) as much as possible, the government should study ways to curb the level of sick pay by dividing wages into basic pay, performance pay, and allowances, and making arrangements for the period of sick leave pay as basic pay.

(3) Three types of sick leave pay by region

1 Based on the employee's years of service and wages, a certain percentage is paid (injury, reduced intensity, etc.)

This method is based on the draft Tax Regulations for Labor Insurance Regulations (1953), which stipulates that a certain proportion of one’s wages should be paid according to the number of years of service, and the higher the number of years of service, the higher the rate of sick pay. It is important to note that although the large frameworks are similar, they create independent regulations that vary from region to region and apply the criteria differently.

[Case - Injury City]

Number of sick leave wage terms (one discount) 병 rate of sick leave wage (second discount)

(1) First discount rule: Number of days of sick leave wage
The number of sick leave wage calculators can be agreed on the labor contract. The basis for the arrangement of calculation instruments means the predictable income acquired from normal commuting (including one-time or temporary income) and should not be lower than the 70 per cent criterion. If the two parties do not agree on the number of sick leave wage calculators, the calculation period of sick leave wages shall be determined on the basis of the above-mentioned normal commuting wage 70% 70 per cent.
(2) Second discount rule: rate of sick leave wages
The proportion of sick pay depends on the length of the employee's sick leave and the length of his or her years of service. Generally, the longer the period of sick leave and the shorter the service life, the lower the rate of sick leave wage.
Rate of payment of sick leave in case of injury
Percentage of payment in comparison to the number of years of service calculation for the company per sick leave
Within six months...
Disease leave payment
(疾病休假工资) 60% less than 2 years
70 percent in less than two or four years.
Over four years, less than six years, 80 percent.
Over 6 years, less than 8 years, 90%.
100% over 8 years
Over 6 Months--
Disease relief payment
(疾病救济费) 40% less than 1 year
50% less than 3 years over 1 year
60% over 3 years

(3) Upper/lower limit of sick leave wage
ᄋ Upper limit on sick leave wages: Monthly average wage for the previous year in case of injury (15: 5939元)
ᄋ Minimum minimum wage for sick leave: 80% of the minimum wage in case of injury (after the principal burden social insurance, kitchen utilities deduction)

2 Based on employee wages, a certain percentage is paid (Sandongseong, Shenzhen, Seomseoseong, etc.)

A typical model of this approach requires that 70 percent of one’s wages be paid as "bottlenecks" if the period of sick leave is less than six months, and 60 percent of one’s wages as "disease relief" if it is more than six months. In addition to Shandong Province, Shenzhen City and Seomseo Castle are also applying this method. In order to lower the number of "main wages," it is necessary to make a monthly commitment to major fixed items such as "basic pay" in labor contracts and employment rules.
He pays 60% of his wages for sick leave.
Simcheon City Employee Payment Ordinance, December 2004
Seventy percent of the promised wages for labor contracts are paid as sick wages.
Island Business Payment Ordinance, Inc.

3 Payment in accordance with the agreement of labor contract (North Gyeongsang, Kang So-sung, etc.)

The representative model of this method is Beijing and Kang So-sung, which is stipulated to pay sick wages according to the agreement of the labor contract. In other words, it is allowed to make an agreement between labor and management on the labor contract and implement it based on the assumption that the lower limit of sick wages (80 per cent of the minimum wage) stipulated by the national law is complied with.

[Wage payment regulations in the relevant provinces]
Article21 In the period during which a worker is on sick leave due to illness or non-work injury, the user shall pay the sick leave allowance in a lump sum on the basis of the agreement of the labor contract or collective contract. The sick leave paid by the user should not be lower than 80 per cent of the minimum wage standard in this city.
Article27 During the medical period prescribed by the State, sick wages shall be paid according to the provisions of the company's salary distribution system, labor contracts, collective contracts or relevant regulations of the State, and shall not be lower than 80 per cent of the minimum wage of the company's location.