Which workers must an employer pay furlough compensation to, and what wage is the proportion the provision sets applied to?
General information · Not legal advice
Material to check
In a practice file we read the record showing that the worker's injury or illness was accepted as one requiring medical treatment under the provision preceding this one on occupational injury, the papers covering the period of that treatment, and the wage records from which the average wage during treatment is drawn.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty at its word: where a worker is undergoing medical treatment under the preceding provision on occupational injury, the employer must pay that worker furlough compensation at the proportion of average wage the provision sets, calculated on the average wage during the treatment period and, where the worker was paid part of the wages during that period, on that average wage less the amount paid.
Another reading marks what the provision does not reach: it fixes only the rate and the wage base, and leaves the time of payment to a Presidential Decree, so the file must still show what was paid and when for the duty to be tested.
Your judgment
If the average wage during the treatment period differs from the wage the worker earned before the injury, what in the record shows which figure the proportion was applied to?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the rate or the wage base, or if a court decision settles what counts as a worker undergoing treatment under the provision on occupational injury that precedes this one.