Answer: Whether casual employees are entitled to sick leave, as full-time employees are, is not explicitly stated in the laws and regulations. Employers are only required to contribute to work injury insurance and bear the responsibility for work-related compensations for casual employees, without the obligation to contribute to other types of social insurance programs, including medical insurance. Currently, there are two different views in the judicial practices regarding whether casual employees have the right to receive sick leave wage during medical care leave. Some courts such as Chongqing Jinan, and Guangzhou courts held that this right should not be denied to casual employees, 1 Civil Judgment of First Instance of Labor Dispute between Nanning Yijing Information Service Co., Ltd. and Yang Zhengqiu Civil Judgment of Huaiyin District People’s Court of Jinan City (2020) Lu 0104 Min Chu No.1725, Yang Min v. Chongqing Yujiang Taxi Co., Ltd. Labor Dispute Case Civil Judgment of People’s Court of Banan District of Chongqing (2016) Yu 0113 14143 in the Early Republic of China, Labor Dispute Appeal Case between Guangzhou Midi Garments Co., Ltd. and Xiao Liudi, etc. Civil Judgment of Guangzhou Intermediate People’s Court of Guangdong Province (2014) S.Z.F.M.Y.Z.Z. No.7353. while there are also some courts such as Changsha and Shenyang courts made contrary decisions. 2Civil Judgment of Liaoning Shenyang Intermediate People’s Court on the Second Instance of Labor Dispute (2019) Liao 01 Min Zhong No.14332, Changsha Intermediate People’s Court Civil Judgment (2011) C.Z.M.S.Z.Z. No.0338, Labor Dispute Appeal Case between Limou-mou and Hunan Limousine Co., Ltd.
Where local regulations or court decisions support the entitlement of casual employees to medical care leave, these employees¡¯ pay during medical care leave should certainly refer to the pays to full-time employees as described above, but the issue of number of days of the leave is rarely discussed in detail in judicial decisions, and it may be necessary to refer to the number of days worked by the employee in proportion to the number of days worked by full-time employees.
The work systems of General Work Hours and Irregular Work Hours are quasi-full-time workhour systems. Therefore, the entitlements of employees under these two systems for the medical care leave should refer to the aforementioned standards for full-time employees. Please see I am an employee. How many days of paid sick leave am I entitled to? How should our company pay our employees during their sick leave?
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Mr. Dong Wang has been in practice for over 20 years, specializing in business law, including employment law, commercial law, company law, and intellectual property law. Mr. Wang has earned respect and trust from his clients due to his professionalism, fidielty, and kindness.
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- 1Civil Judgment of First Instance of Labor Dispute between Nanning Yijing Information Service Co., Ltd. and Yang Zhengqiu Civil Judgment of Huaiyin District People’s Court of Jinan City (2020) Lu 0104 Min Chu No.1725, Yang Min v. Chongqing Yujiang Taxi Co., Ltd. Labor Dispute Case Civil Judgment of People’s Court of Banan District of Chongqing (2016) Yu 0113 14143 in the Early Republic of China, Labor Dispute Appeal Case between Guangzhou Midi Garments Co., Ltd. and Xiao Liudi, etc. Civil Judgment of Guangzhou Intermediate People’s Court of Guangdong Province (2014) S.Z.F.M.Y.Z.Z. No.7353.
- 2Civil Judgment of Liaoning Shenyang Intermediate People’s Court on the Second Instance of Labor Dispute (2019) Liao 01 Min Zhong No.14332, Changsha Intermediate People’s Court Civil Judgment (2011) C.Z.M.S.Z.Z. No.0338, Labor Dispute Appeal Case between Limou-mou and Hunan Limousine Co., Ltd.