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Answer

Wage regime while on medical leave

question :

I'm working for a foreign company, the ill and the doctor advised me to take leave to convalesce 3 months. I would like to ask a lawyer, I have been the company paid for me? The company has the right to terminate my employment contract in this case is not

reply :

Do not know your employment contract type? In Article 38 of the Labor Code was amended provisions:

1. An employer may unilaterally terminate the labor contract in the following cases:

a) Employees often do not complete the work under the contract;

b) The employee is disciplined dismissed under the provisions of Article 85 of this law;

c) An employee who works under the labor contract does not specify the duration of illness was treated for 12 consecutive months, workers follow the labor contract indefinite term from 12 months to 36 months were treated illness six months and employees are under contract or seasonal workers in a certain job for less than 12 months has treated illness than half the duration of labor contracts, but no recovery of working capacity s. When workers' health recovered, they shall be considered for the conclusion of the contract.

Do not know what you are suffering, but in article 23 of the Law on Social Insurance provides:

Article 23. The period of sickness

1. The maximum period for sickness entitlement in one year for employees specified at Points a, b and c, Clause 1, Article 2 of this law work in days excluding public holidays, New Year holidays, weekends and are defined as follows:

a) Work in normal conditions, it is thirty days if the social insurance contribution less than fifteen years; forty days if paid between full fifteen years and under thirty years; sixty days if played full thirty years;

b) Do heavy work or profession, harmful, dangerous banned by the Ministry of Labour - Invalids and Social Affairs and the Ministry of Health issued or working regularly in regional allowance coefficient of 0 , 7 or more, it is forty days if the social insurance contribution less than fifteen years; fifty days if paid between full fifteen years and under thirty years; seventy days if played full thirty years or more.
2. Workers diseases on the list of diseases requiring long-term treatment, issued by the Ministry of Health, shall be entitled to sickness as follows:

a) not exceeding one hundred and eighty days a year including holidays, New Year holidays, weekends;

b) Upon the expiry of one hundred and eighty days but continued treatment are entitled to sickness regime with lower levels.

Article 25. The level of sickness entitlement

1. An employee whose sickness regime prescribed in paragraph 1, clause 2; Article 23 and Article 24 of this Law shall enjoy 75% of the salaries and wages of social insurance contributions of the month preceding the holiday.

2. Employees entitled to sickness regime prescribed in Clause 2, Article 23 of this Law, the benefit level is defined as follows:

a) by 65% ​​of the salaries and wages of social insurance contributions of the month preceding the holiday if the social insurance contribution for full thirty years;

b) In 55% of the salaries and wages of social insurance contributions of the month preceding the holiday if the social insurance contribution from the full fifteen years and under thirty years;

c) In 45% of the salaries and wages of social insurance contributions of the month preceding the holiday if the social insurance contribution under fifteen years.



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