Understand the calculation logic of sick pay in Shanghai

In the field of labor management, the calculation of sick pay is an important matter that enterprises must deal with properly. From the perspective of enterprises, the correct calculation of sick pay is an important link to standardize employment management and avoid legal risks. Unclear or incorrect calculation of sick pay can lead to labor disputes, which not only costs the company time, energy and money, but also can have a negative impact on the company's reputation.

Therefore, it is of great practical significance to study the calculation logic of sick pay in Shanghai and clarify the specific provisions and application of relevant laws and regulations for promoting the healthy development of enterprises and building harmonious and stable labor relations. This paper will explain the calculation logic of sick pay in Shanghai in detail, aiming at providing a clear and practical operation guide for enterprises.

01.The specific provisions of sick pay calculation in Shanghai

On the basis of national labor laws and regulations, Shanghai has formulated a more detailed and specific policy for calculating sick pay.

(1) Determination of the calculation base

According to the "Shanghai Enterprise Wage Payment Measures (revised in 2016)", the calculation base of sick pay is the normal monthly wage corresponding to the worker's position, but does not include year-end bonus, commuting subsidy, meal subsidy, housing subsidy, mid-night shift allowance, summer heat allowance, overtime pay and other special circumstances paid wages.

In particular, the calculation base is determined by the following principles:

1. If there is a clear agreement on the monthly wage of the worker in the labor contract, the monthly wage corresponding to the position of the worker as agreed in the labor contract shall be determined; If the actual performance is inconsistent with the provisions of the labor contract, the monthly wage corresponding to the position of the laborer who actually performed the performance shall be determined.

2. If the monthly wage of the worker is not clearly stipulated in the labor contract, and the monthly wage corresponding to the post is stipulated in the collective contract (wage-specific collective contract), the monthly wage corresponding to the post of the worker shall be determined according to the monthly wage stipulated in the collective contract (wage-specific collective contract).

3. If there is no agreement on the monthly wage of the worker in the labor contract or collective contract (wage special collective contract), it shall be determined by 70% of the wage stipulated in Article 2 of these Measures for the normal attendance month of the worker (excluding overtime wage).

4. At the same time, it should be noted that according to the "Notice of Shanghai Municipal Labor and Social Security Bureau on the Minimum standard of Sick Leave pay or sickness relief Fee for employees of enterprises in the City", during the treatment of employees who are sick or non-work-related injuries, the sick pay shall be paid by the enterprise in accordance with the relevant provisions during the prescribed medical treatment period, and the sick pay shall not be less than 80% of the minimum wage standard.

(2) Determination of calculation coefficient

The calculation coefficient of sick pay is mainly related to the number of sick days and continuous service years of employees, as follows:

If an employee takes a continuous leave of less than 6 months due to illness or non-work-related injury, the calculation coefficient of sick pay payable by the enterprise is as follows:

If the continuous working experience is less than 2 years, 60% of the salary shall be calculated;

For those who have worked continuously for less than 4 years and less than 2 years, they shall be paid at 70% of their wages.

If the continuous working experience is not less than 4 years but not more than 6 years, the salary shall be calculated at 80% of the salary;

For those who have worked continuously for more than 6 years but less than 8 years, they shall be paid at 90% of their wages;

Those who have worked continuously for 8 years or more shall be paid at 100% of their salary.

If an employee is on leave for more than 6 consecutive months due to illness or non-work-related injury, the calculation coefficient of sick pay (sickness relief) payable by the enterprise is as follows:

For those who have worked continuously for less than one year, they shall be paid at 40% of their wages;

For those who have worked continuously for less than 3 years, they shall be paid at 50% of their wages;

Those who have worked continuously for 3 years or more shall be paid at 60% of their salary.

(3) Determination of sick leave days

The number of sick leave days for illness or non-work-related injury shall be calculated according to the actual number of leave days, and the continuous leave period containing rest days and holidays shall be excluded. This provision avoids the unreasonable increase in the number of sick days caused by the overlap of rest days and holidays, and the user units and workers have a clear basis for the identification of sick days, reducing disputes caused by inconsistent calculation methods. For example, if an employee takes 10 days off due to illness, including 2 rest days, then the actual number of days to calculate sick pay should be 8 days, which is more in line with the actual work and rest law, and also reflects the scientific and rational provisions of the law.

02. Analysis of key elements of sick pay calculation in Shanghai

(1) Wage standards stipulated in labor contracts

As an important agreement document between the rights and obligations of workers and employers, labor contract plays a key role in determining the calculation base of sick pay. When the labor contract has a clear and specific agreement on the monthly wage of the worker, the calculation base of sick pay shall be determined strictly in accordance with the monthly wage corresponding to the position of the worker as agreed in the contract. For example, if an employee's labor contract clearly states that his monthly salary is 10,000 yuan, of which the basic salary is 6,000 yuan, the performance salary is 3,000 yuan, and the post allowance is 1,000 yuan, then when calculating the sick pay of the employee, 10,000 yuan should usually be used as the calculation base, unless there are legal special circumstances that cause the wage standard to change.

However, in the actual situation, there may be inconsistency between the wage standard agreed in the labor contract and the actual performance. In this case, the calculation base shall be determined according to the monthly wage corresponding to the actual performance of the laborer's position. For example, although the monthly salary of the employee is 8000 yuan according to the labor contract, in the actual work, the employee has been receiving the salary standard of 10,000 yuan for a long time, and the employer has not raised objections, in this case, if the employee asks for sick leave, 10,000 yuan should be used as the calculation base of sick pay.

(2) The conditions stipulated in the collective contract

Collective contract is a written agreement reached between the enterprise and the trade union or the employee representative through collective negotiation on labor remuneration, working hours, rest and vacation, and plays an important complementary role in determining the calculation base of sick pay. When the monthly wage of the worker is not clearly stipulated in the labor contract, but the monthly wage corresponding to the post is stipulated in the collective contract (wage-specific collective contract), the calculation base of sick pay shall be determined according to the monthly wage corresponding to the post of the worker agreed in the collective contract. For example, if the collective contract of an enterprise stipulates that the monthly wage standard of a certain post is 9,000 yuan, and the labor contract of an employee of the post does not specify the wage amount, then when calculating the sick pay of the employee, 9000 yuan should be used as the calculation base according to the agreement of the collective contract.

(3) The calculation method in the absence of an agreement

When the labor contract and the collective contract (wage special collective contract) do not agree on the monthly wage of the laborer, in order to protect the basic rights and interests of the laborer during the sick leave period, the Shanghai Municipal Government stipulates that the calculation base of the sick leave wage shall be determined by 70% of the wage (excluding overtime pay) stipulated in Article 2 of the Measures for the Payment of Wages of Enterprises in Shanghai in accordance with the normal attendance month of the laborer. For example, if the wage composition of an employee for a normal attendance month includes basic salary of 5000 yuan, bonus of 1000 yuan, and allowance of 500 yuan (including overtime salary of 500 yuan), then in calculating his sick pay, overtime salary of 500 yuan should be excluded first, based on the remaining 6000 yuan, calculated according to 70%, that is, the calculation base of sick pay is 4200 yuan.

03.The importance of strengthening management of enterprises

In many cases, enterprises in the management of sick pay problems are more prominent. Some enterprises do not understand the calculation rules of sick pay accurately, and enterprises are faced with legal risks and economic losses and reputation damage caused by labor disputes. Therefore, enterprises should strengthen the management and implementation of the sick pay system.

First of all, in-depth study and accurate grasp of the calculation policy of sick pay in Shanghai, establish and improve the internal accounting process and management system of sick pay, ensure that the calculation and payment of sick pay in strict accordance with the requirements of laws and regulations to avoid illegal acts caused by ignorance or negligence.

Secondly, enterprises should strengthen the examination and management of employees' sick leave, establish a standardized sick leave application, approval and verification mechanism, require employees to provide real and effective sick leave certificates and medical records, and carry out necessary tracking and investigation of sick leave, prevent employees from false sick leave or abuse of sick leave rights, and maintain the normal production and operation order of enterprises.

In addition, enterprises should also strengthen communication and exchange with employees, timely answer employees' questions and confusion about sick pay, avoid disputes caused by information asymmetry, and create a good atmosphere of labor relations.