[Direct answer]It shall not be lower than the statutory minimum wage. Article 12 of the "Interim Regulations on Wage Payment" (implemented on January 1, 1995) stipulates that when a worker is ill or injured non-work-related and stops working for medical treatment, the employer shall pay sick leave wages in accordance with relevant regulations. The sick leave wages may be lower than the local minimum wage standard, but they cannot be lower than a certain percentage of the minimum wage standard. The specific percentage is determined by local regulations. In practice, it is usually not less than 80% of the local minimum wage standard. In addition, the "Labor Contract Law of the People's Republic of China" (amended in 2012) requires employers to pay labor remuneration on time and in full.

I. Problem background and typical scenarios

During long-term sick leave, workers are most concerned about the calculation method of sick leave pay. Common situations include: the employer only paying a few hundred yuan per month as living expenses; deducting the full salary on the grounds that the worker did not provide labor; confusing sick leave with personal leave and handling it as zero salary; and repeatedly deducting the personal portion from sick leave pay due to non-payment of social insurance. When handling such cases in Beijing, the court will determine the applicable standard based on local regulations and the labor contract, and verify the actual payment situation. Moreover, such issues often involve multiple parties and legal relationships. Clarifying the parties' positions, responsibilities, and applicable rules is a prerequisite for resolving the problem. The more complete the materials and clearer the timeline, the greater the initiative that can be grasped in subsequent negotiations and litigation. In the specific analysis, it is recommended to take the timeline as the main line, and to correspond the contract, vouchers, transaction records, and relevant legal basis one by one, forming a clear processing framework, which is conducive to judging the priority and feasibility of various claims.

II. Key points of contention

First, how to determine the calculation base and ratio of sick leave wages. Second, how to apply when local regulations conflict with labor contracts. Third, the specific standards of the minimum wage floor. Fourth, the calculation period and compensation scope for units failing to pay sick leave wages. Fifth, the relationship with deductions from personal social insurance contributions. Sixth, whether the order of rights assertion and preliminary procedures have been met. Seventh, whether the authenticity, legality, and relevance of evidence can withstand scrutiny. Eighth, how to balance the interests of third parties and the public interest. Ninth, how to trade off the pros and cons of efficiency and outcomes between settlement, mediation, and adjudication. In addition, attention should also be paid to whether the evidence form is legal, whether key facts can corroborate each other, and the differences in cost, time, and feasibility of different processing solutions. On this basis, the priority path to be pursued can be determined.

III. Professional analysis by Henglue Law Firm

The practical experience of Henglue Lawyers is that the calculation of sick leave wages disputes is not complicated, but the difficulty lies in the determination of the base amount and the completeness of the evidence. Usually, the wage standard agreed in the labor contract or the worker's normal working hours wage is used as the calculation base, and then the amount to be paid is determined according to the local regulations; if the standard agreed in the labor contract or the rules and regulations is higher than the statutory lower limit, the higher standard shall be implemented. If the unit claims that it has paid in full, it shall provide the wage payment records; the worker shall keep the pay slips, bank statements and attendance records to form comparative evidence. It should be noted that the sick leave wages lower than the local minimum wage standard are not necessarily illegal, but lower than the statutory proportion lower limit is considered as arrears; in addition, although the personal contributions to social insurance can be deducted from the wages, it should not lead to the actual amount paid being lower than the reasonable range of the statutory lower limit. Specifically, it should be judged in accordance with local regulations.

IV. Practical suggestions and legal basis

Action list: First, calculate the base salary for your sick leave and compare it with the local statutory rate; Second, keep your pay slips and bank statements to verify the actual amount paid; Third, retain your sick leave certificates and leave application forms; Fourth, request the employer in writing to make up the difference; Fifth, if no agreement is reached, file a complaint or apply for labor arbitration in a timely manner. For disputes involving labor compensation and sick leave benefits, you can refer to the relevant provisions of the Labor Law and other related laws and regulations.Labor arbitration and work-related injury compensation; For reference on the compliance of the enterprise's wage system, please refer to the following document.Business and contract disputes in enterprisesLegal basis: Article 12 of the "Interim Regulations on Wage Payment" (implemented on January 1, 1995), Article 30 of the "Labor Contract Law of the People's Republic of China" (amended in 2012), and the "Regulations on the Medical Leave Period for Enterprise Employees Suffering from Illness or Non-work-related Injuries" (implemented on January 1, 1995). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the sick leave salary may be lower than the minimum wage, but it shall not be lower than the lower limit of the proportion stipulated by local regulations. Secondly, if the agreed standard is higher than the statutory standard, it shall be implemented in accordance with the agreement. Thirdly, the pay slip and bank statement are the core evidence for verifying the unpaid salary. Fourthly, the request for making up the difference can be claimed through arbitration. Fifthly, when verifying the salary, it is necessary to distinguish between the salary to be paid and the personal portion of social insurance deducted by the employer, so as to avoid mistaking the legal deduction for unjustified withholding, thereby accurately identifying the disputed amount and reasonably claiming the scope of compensation, and reducing unnecessary disputes. For cases involving the compensation of sick leave salary and arbitration, it can be handled throughLabor arbitration and work-related injury compensationThe service is supported, and those involved in the review of the company's compensation system can join it.Business and contract disputes in enterprisesFor reference, you can refer to the section involving the enforcement of the adjudicated paymentCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: Can the sick leave pay be lower than the minimum wage?

It can be lower than the local minimum wage standard, but it must not be lower than the lower limit of the proportion stipulated by the local government. In practice, it is usually not less than 80% of the minimum wage standard. If it is lower than this lower limit, it constitutes an arrears, and the worker can claim to make up the difference. Such issues also need to be judged based on complete materials and statutory periods. The parties concerned should fix the evidence in time, pay attention to the statute of limitations and procedural nodes, confirm the key matters in writing, and choose appropriate paths with the assistance of professional lawyers when necessary to claim rights in time, so as to reduce the adverse effects caused by insufficient evidence or the expiration of the time limit.

Q2: How is the sick leave salary calculated?

Generally, the calculation is based on the wage standard agreed in the labor contract or the wage during normal working hours, and the calculation is made according to the local regulations. If the standard agreed in the labor contract or the rules and regulations is higher than the statutory minimum, the higher standard shall be implemented. Such issues also need to be judged based on the complete materials and the statutory period. The parties concerned should fix the evidence in time, pay attention to the statute of limitations and procedural deadlines, confirm the key matters in writing, and choose the appropriate path with the assistance of professional lawyers when necessary to claim in time, so as to reduce the adverse effects caused by insufficient evidence or the expiration of the time limit.

Q3: What should I do if my employer doesn't pay me sick leave wages?

You can request the unit in writing to pay the wages and keep the communication records. If no agreement can be reached, you can file a complaint with the labor and social security supervision department or apply for labor arbitration to claim the unpaid wages and corresponding compensation. Note that the statute of limitations for arbitration is one year. Such issues also need to be judged based on complete materials and statutory periods. The parties should fix the evidence in time, pay attention to the statute of limitations and procedural deadlines, confirm the key matters in writing, and choose the appropriate path with the assistance of professional lawyers when necessary to claim in time, so as to reduce the adverse effects caused by insufficient evidence or the expiration of the time limit.

Q4: What evidence is required for arbitration?

It is necessary to provide the labor contract, pay slips, bank statements, attendance records, sick leave certificates and leave application materials, social insurance payment records, and the unit's written regulations or notifications on sick leave wages for the calculation of the unpaid amount. Such issues must also be judged based on complete materials and statutory periods. The parties concerned should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose a suitable path and claim rights in time with the assistance of professional lawyers to reduce the adverse effects of insufficient evidence or the passage of time limits.

Q5: Can the social insurance deduction be deducted from the sick leave salary?

The portion of social insurance contributions payable by individuals may be deducted and paid on their behalf by their employers from their salaries, but after deduction, the actual salary should not be lower than the statutory sick leave salary standard. If this results in serious damage to the actual treatment, the rights can be claimed in accordance with local regulations. Such issues must also be judged based on complete materials and statutory periods. The parties concerned should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose a suitable path and claim rights in time with the assistance of professional lawyers to reduce the adverse effects of insufficient evidence or expired time limits.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.