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Who will bear the social security for a month of sick leave?
Legal basis: Opinions on Implementing the Labor Law of People's Republic of China (PRC).
Article 59 If an employee suffers from illness or non-work-related injury, the enterprise shall pay his sick pay or sickness relief fee in accordance with relevant regulations within the prescribed medical treatment period. Sick pay or sickness relief can be lower than the local minimum wage, but not less than 80% of the minimum wage.
Article 74 The social insurance premiums of surplus employees of enterprises, employees who take long holidays, employees who take long sick leave, employees who borrow money, and employees of paid schools shall continue to be paid by the original units and individuals according to regulations, and the period of paying the insurance premiums shall be included in the payment period.
The provisions of the medical period of the workers who are ill or not for the cause of the work
Article 2 The medical treatment period refers to the period when employees of an enterprise stop working due to illness or non-work-related injuries and do not terminate the labor contract.
Article 5 During the medical treatment period, the sick pay, sickness relief fund and medical treatment of enterprise employees shall be implemented in accordance with relevant regulations.
It is the right of workers to enjoy medical treatment. If employees stop working and rest within the prescribed medical treatment period, the company shall not terminate the labor contract with them, and shall be obliged to pay the corresponding sick pay, social security fees and other welfare benefits according to law. There is no reason for the company to pass on the social insurance premium that the unit should pay to the employees, so that the employees during the sick leave should bear all the social insurance expenses themselves.
When a worker asks for personal leave, the employer can deduct the wages in full, but there is no relevant provision to exempt the employer from the legal obligation to pay social insurance premiums. Therefore, during the long vacation, the employer should still pay social insurance premiums for the workers. The part that should be borne by employees according to law is still withheld and remitted by the company. As no salary is paid for personal leave, part of the social security fees paid by employees who take personal leave can be deducted from next month's salary.
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