Editor/by Da Xin Legal Affairs Yao Yao
This article was first published on official account: Daxin Legal Affairs
(ID: AMZSVSP) Feel free to reprint
The epidemic in Shenzhen is coming with great momentum
The lives of migrant workers in Shenzhen have also undergone significant changes
Home quarantine and office quarantine are not unfamiliar to Shenzhen residents
'Work Home Nucleic Acid' has become a daily trilogy for Shenzhen office workers
Bring a blanket to work and carry a work computer after work
Has become the last stubbornness of Shenzhen workers
Shenzhen people have already taken money seriously
The determination and dedication to work that cannot be resisted when anything happens are showcased to the fullest
Even if people in Shenzhen are quarantined at home, they will try their best to complete their work as much as possible
This can definitely surprise people in other places
At this point, someone asked:
Will the company still pay wages during home quarantine for the epidemic?
The editor clearly reminds everyone that during the epidemic period, work wages should be paid in accordance with the provisions of the labor law and contract agreements. That is to say, the salary will be paid as usual.
Basis for salary distribution during the epidemic period
Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations During the Prevention and Control of Pneumonia Infected with novel coronavirus
If an enterprise faces difficulties in production and operation due to the impact of the epidemic, it can adopt measures such as adjusting salary, rotating work hours, shortening working hours, etc. through consultation with employees to stabilize the job position, and try to avoid or minimize layoffs. Enterprises that meet the conditions can enjoy job stabilization subsidies according to regulations. If the enterprise shuts down and stops production within a salary payment cycle, the enterprise shall pay employees' wages according to the standards specified in the labor contract. If the employee provides normal labor for more than one salary payment cycle, the salary paid by the enterprise to the employee shall not be lower than the local minimum wage standard. If employees do not provide normal labor, the enterprise shall distribute living expenses, and the living expenses standards shall be implemented according to the regulations of each province, autonomous region, and municipality directly under the central government.
Article 12 of the Provisional Regulations on Wage Payment stipulates that if a unit shuts down or stops production within a wage payment cycle due to reasons other than the worker, the employer shall pay the worker's wages according to the standards specified in the labor contract. If the employee provides normal labor for more than one salary payment cycle, the labor remuneration paid to the employee shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with relevant national regulations.
In addition, the editor also collected some topics that interest everyone and gave them answers one by one:
ask
Is pandemic wages also paid normally?
answer
If an enterprise is affected by the novel coronavirus and stops production within a wage payment cycle, the enterprise shall pay wages to employees according to the standards specified in the labor contract. If the employee provides normal labor for more than one salary payment cycle, the salary paid by the enterprise to the employee shall not be lower than the local minimum wage standard.
ask
How should enterprises pay wages to workers in case of production and operation difficulties due to the impact of the epidemic?
answer
If an enterprise faces difficulties in production and operation due to the impact of the epidemic, it can adopt measures such as adjusting salary, rotating work hours, shortening working hours, etc. through consultation with employees to stabilize the job position, and try to avoid or minimize layoffs. Enterprises that meet the conditions can enjoy job stabilization subsidies according to regulations, and the funds returned from job stabilization can be used for stable employment related expenses such as employee living subsidies, payment of social insurance premiums, job transfer training, skill improvement training, etc.
ask
What are the restrictions on unilateral termination of labor contracts by enterprises during the normalization of epidemic prevention and control?
answer
The enterprise shall not terminate the labor contract with COVID-19 patients, pathogen carriers, suspected patients, close contacts, and employees who cannot provide normal labor due to isolation measures or other emergency measures taken by the government, who are subject to isolation treatment or medical observation according to law. If the labor contract expires, it shall be postponed to the end of the quarantine treatment period, medical observation period, quarantine period, or emergency measures taken by the government. For dispatched workers, the enterprise shall not return them to the labor dispatch unit as a result.
ask
Can the probationary period of employees be extended or dismissed?
answer
If there are clear provisions in the labor contract of an enterprise or if a labor contract amendment letter is signed through consultation with employees, the probationary period may be changed, but the number of days changed shall not violate the probationary period provisions in the Labor Contract Law.
ask
How should companies handle employees who are worried about being infected with the virus and refuse to work?
answer
If an enterprise requires employees with working conditions to fulfill their labor obligations on duty, they should comply with the enterprise's work arrangements. For those who fail to follow the requirements without justifiable reasons, the enterprise may handle them in accordance with rules and regulations.
ask
Do you deduct your salary by conducting nucleic acid testing according to policy notifications during work?
answer
No salary deduction, normal salary distribution
ask
How can I receive salary for being quarantined on a business trip?
answer
Business trip isolation: Provide normal labor, pay regular wages, and provide regular travel subsidies. Leave quarantine: No salary will be paid for personal leave; Paid leave: Employees who are on annual leave, marriage leave, home leave, or maternity leave and are quarantined will be paid as usual.
ask
Are patients diagnosed with COVID-19 unable to work paid?
answer
If an employee undergoes treatment after diagnosis, the unit shall pay wages according to the regulations during the medical period.
ask
Can the unit punish employees for refusing to work in high-risk areas?
answer
The unit shall not impose any punishment. However, it should be noted that personnel responsible for epidemic prevention and control, such as doctors and personnel closely related to epidemic prevention and control, cannot refuse unless there are special circumstances.
ask
Should employees work online from home and form documented records or attendance records to avoid risks?
answer
It is recommended that the unit release regulations and requirements for flexible methods such as working from home, and specify attendance and work delivery methods.
ask
During the epidemic, how should parties apply for labor dispute mediation and arbitration?
answer
In the event of a labor dispute, the parties may use the E Arbitration Service platform to submit a mediation and arbitration application. After being reviewed by the arbitration institution, the relevant materials can be mailed and submitted. Mediation and arbitration cases that meet the conditions can be handled through video or written hearings with the consent of the parties. If the parties or agents are affected by the epidemic and are unable to attend the hearing at the arbitration institution, they may apply to the arbitration institution for an extension of the hearing.
Recently, the epidemic in Shenzhen has been severe. While work is important during the epidemic, personal safety is more important. It is important to take care of yourself and your family, take protective measures, and wear masks when going out. If you have any other questions about salary distribution during the epidemic, please feel free to leave a message or message us privately!