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Work-Related Injuries and Wage Deductions in China

In China, work-related injuries are a significant concern, and the government has implemented strict regulations to protect employees' rights and ensure they receive appropriate compensation for injuries sustained on the job. One of the key issues surrounding work-related injuries is whether employers are permitted to deduct wages from employees who have suffered such injuries.

According to the Labor Law of the People's Republic of China, employers are prohibited from deducting wages from employees who have sustained work-related injuries. Article 83 of the Labor Law explicitly states that "during the period of work-related injury treatment, the employer shall not reduce the employee's original wages." This provision ensures that employees continue to receive their full salaries while recovering from work-related injuries.

In addition to the Labor Law, other regulations and guidelines also provide protections for injured employees. The Work-Related Injury Insurance Regulations, for example, stipulate that employers must provide work-related injury insurance to their employees. This insurance covers medical expenses, disability compensation, and other benefits for employees who suffer work-related injuries.

The Social Insurance Law of the People's Republic of China also includes provisions related to work-related injuries. Article 36 of the Social Insurance Law states that employers must pay social insurance premiums for their employees, including premiums for work-related injury insurance. The law also prohibits employers from reducing employees' wages to cover social insurance premiums.

In practice, employers are generally required to continue paying employees' salaries during the period of work-related injury treatment. However, there are some exceptions to this rule. For example, if an employee is absent from work for more than one year due to a work-related injury, the employer may be permitted to reduce the employee's salary by up to 30%.

In addition, employers may be permitted to deduct wages from employees who have engaged in intentional misconduct or gross negligence that resulted in their work-related injury. However, such deductions must be reasonable and proportionate to the employee's misconduct or negligence.

If an employer violates the law by deducting wages from an employee who has suffered a work-related injury, the employee may file a complaint with the local labor authority. The labor authority may investigate the complaint and order the employer to rectify the situation. The employee may also be entitled to compensation for any lost wages or other damages.

In conclusion, Chinese law prohibits employers from deducting wages from employees who have sustained work-related injuries. Injured employees are entitled to receive their full salaries during the period of work-related injury treatment. Employers who violate this law may be subject to penalties, including fines and orders to rectify the situation.