[Direct answer]There is a minimum wage, which cannot be arbitrarily lowered. During the period when a worker is ill or injured non-work-related, the employer shall pay sick leave wages or disease relief fees; the sick leave wages may be lower than the local minimum wage standard, but shall not be lower than a certain percentage of the minimum wage standard. In practice, the baseline is usually not less than 80% of the local minimum wage standard. The specific percentage and calculation method shall be determined according to local regulations, labor contracts, and internal systems. If the standards agreed upon in the labor contract or collective contract are higher, the higher standards shall be implemented. If the employer refuses to pay or deducts the wages below the minimum wage on the grounds that "there is no salary if there is no work", the worker may claim the supplementary difference according to law; if the employer refuses to pay, the worker may apply for labor arbitration. It should be noted that sick leave must comply with the unit's system for leave application and approval procedures, and medical certificates must be retained.

1. Problem background and typical scenarios

The most common disputes during employees' sick leave are about "how much to pay and whether it can be reduced". A typical scenario is that employees take sick leave due to hospitalization, but the company pays them at a very low standard or even does not pay them at all; or the company stipulates that "sick leave shall be calculated at 60% of the minimum wage", which is lower than the statutory minimum. The disputes focus on the basis of the standard and the calculation method.

II. Key points of contention

First, the statutory minimum wage for sick leave; Second, the calculation base and ratio; Third, the hierarchy of the effectiveness of the unit's system and the contractual provisions; Fourth, the impact of the leave application process on wages. In practice, courts and arbitration institutions will prioritize the application of standards that are more favorable to workers.

III. Professional analysis by Henglue Lawyers

Firstly, the existence of statutory minimum standards. Relevant regulations specify that the sick pay or disease relief fees paid by employers during sick leave may be lower than the local minimum wage standard, but not less than 80% of the minimum wage standard; this is the bottom-line requirement at the national level, with some regions having more detailed regulations or higher ratios. Secondly, the calculation base and ratio. Sick pay is usually based on the wage standard agreed in the labor contract or the wage during normal working hours, and is paid according to the seniority ratio determined by the employer's system or local regulations; if the standard agreed in the contract or collective agreement is higher than the statutory minimum, it shall be implemented according to the agreement. Thirdly, the effectiveness of the employer's system. The employer's rules and regulations must not violate laws and regulations, must not be lower than the statutory minimum, and shall be formulated and publicized through democratic procedures; any part of the internal system that conflicts with the law is invalid and cannot be used as a basis for deductions. Fourthly, leave application and evidence. Workers shall submit a diagnosis certificate and sick leave note in accordance with the employer's system and go through the approval process; the employer shall not refuse to pay on the grounds that the full process has not been followed. If the system itself is unreasonable or not publicized, the employer's defense will be difficult to establish. Henglue Law Firm Tip: Although the amount of disputes over sick pay is small, it involves long-term rights and interests. Workers should keep their pay slips, bank statements, leave records, and medical certificates. If they find that their pay has been deducted, they should first communicate internally and, if no agreement is reached, apply for labor arbitration in a timely manner.

IV. Practical suggestions and legal basis

The first step is to verify the local minimum wage standards and local regulations on sick leave pay; the second step is to check the pay slips and the actual amount paid, and calculate whether it is below the statutory minimum; the third step is to communicate with the unit in writing to request the supplementation of the difference and keep records; the fourth step is to apply for labor arbitration in a timely manner if no agreement is reached, and claim the difference and corresponding legal responsibilities. The main legal basis: the provisions on wage payment and minimum wage of the Labor Law of the People's Republic of China; the provisions on sick leave pay in the "Opinions on Implementing the Labor Law of the People's Republic of China" issued by the Ministry of Labor; and the relevant provisions on wage payment in various regions. The specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points regarding sick leave pay: it can be lower than the minimum wage, but it must not be lower than 80% of the minimum wage; if the contract or system standards are higher, the higher standard shall apply; keep the pay slips and leave records, and claim the difference if the employer deducts the pay. For disputes involving wages and labor benefits, you can seek resolution through legal channels.Labor arbitration and work-related injury compensationWe provide a comprehensive solution for services, which can integrate medical care and personal rights protectionPersonal injury and medical disputesFor those interested in corporate system compliance, the following materials may be helpful:Intellectual property protection and corporate lawFor columns related to difficult labor disputes, you can seek advice from usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can the employer not pay wages during the period of sick leave?

No. During the period when a worker is ill or injured non-work-related, the employer shall pay sick leave wages or disease relief fees. The standard may be lower than the local minimum wage, but it shall not be lower than the prescribed lower limit (usually 80% of the minimum wage). If the employer fails to pay at all or pays less than the lower limit, the worker has the right to claim the difference in payment.

Q2: What evidence should I prepare to claim the difference in sick leave pay?

The following items need to be prepared: labor contracts and agreements on wage standards; the unit's sick leave system and evidence of public announcements; leave application and approval records; diagnosis certificates and sick leave notes; pay slips and bank statements; local minimum wage standards documents; and communication records. The evidence is used to prove the standard wages, the actual amount paid, and the difference between the two.

Q3: How much does it cost to engage in such labor arbitration?

Labor arbitration generally does not charge fees; if you do not agree with the arbitration award and file a lawsuit in court, the litigation fees will be charged on a per-case basis, and the amount will be relatively low. Lawyer's fees are subject to market-regulated prices, and they are usually negotiated on a per-case or stage-by-stage basis. For cases with relatively small disputed amounts, it is recommended to first evaluate the costs and benefits and, if necessary, resolve the dispute quickly through arbitration.

Q4: How long does it take to resolve a dispute over sick leave pay?

Arbitration generally ends within 45 days after acceptance, and the time limit can be extended by 15 days if the case is complex. If the party is not satisfied with the arbitration award and files a lawsuit, the first-instance trial usually takes several months to half a year, and the second-instance trial will take even longer. Cases with smaller amounts and clear facts usually proceed faster, and the key lies in whether the leave and wage evidence is complete.

Q5: Is it valid for the unit to stipulate that only half of the minimum wage will be paid during sick leave?

If the regulation is lower than the statutory minimum, it is invalid. The employer's rules and regulations must not violate laws and regulations. Agreements or systems that are lower than 80% of the minimum wage cannot be used as a basis for deductions; workers can claim to make up the difference according to the statutory standards. If the system has not gone through a democratic process or has not been publicized, its effectiveness is even weaker.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, in order to avoid missing the statutory time limits.Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute formal legal advice for specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.