Provisions on sick leave in the new labor law

First of all, the People's Republic of China **** and the State Labor Contract Law for sick leave medical period did not make specific and clear provisions;

Secondly, for this issue, the Ministry of Labor on the issuance of the "enterprise workers sick or non-work-related injuries of the medical period of the provisions of the notice (Ministry of Labor [1994] No. 479), to do the corresponding more detailed provisions:

1. Article 2 of the law provides that the medical period refers to the time limit within which an enterprise employee may not terminate a labor contract because of illness or injury not caused by public duty and may not stop working to cure the disease and take a rest.

2. Article 3 of the Law stipulates that

When an enterprise employee needs to stop work for medical treatment due to illness or injury not caused by work, he or she shall be given a medical treatment period of three to 24 months according to his or her actual years of work and the number of years of service in his or her own organization:

(1) For those who have worked for less than ten years in actuality, or less than five years in his or her own organization, it shall be three months; and for those who have worked for five years or more, it shall be six months. of six months.

(ii) For those with more than ten years of actual service, six months for those with less than five years of service in the organization, nine months for those with more than five years and less than ten years; twelve months for those with more than ten years and less than fifteen years; eighteen months for those with more than fifteen years and less than twenty years; and twenty-four months for those with more than twenty years.

According to the Ministry of Labor on the issuance of "enterprise workers sick or non-work-related injuries of the medical period of the provisions of the notice" (Ministry of Labor [1994] No. 479), article 6, the employee's illness or non-work-related injuries during the treatment period in the prescribed medical period by the enterprise in accordance with the relevant provisions of the sick pay or sickness relief, sick pay or sickness relief can be less than the minimum wage standard of the local, but can not be less than 80% of the minimum wage standard of the local, but can not be less than the minimum wage standard. However, it cannot be less than 80% of the minimum wage standard.