Recently, the epidemic has begun to break out in various places again. For HR, how to manage employment and pay wages well during working from home has become the top priority.
Today, the editor summarized the recent documents from various provinces and cities. You can refer to them. The home office system is also attached at the end of the article. HR quickly collects it.
01
Working from home, how do you pay your salary? Employers are encouraged to negotiate with workers to determine whether the wage level of employees shall not be lower than the city’s minimum wage standard.
[Editor's reminder] Here are two key points to be clarified:
1) Need to negotiate with workers to determine;
2) The minimum wage in Beijing is 2,320 yuan/month.
2, Shanghai
The "Several Policy Measures in the Human Resources and Social Security Field in the City to Fully Support the Fight against the Epidemic" released by the Shanghai Municipal Human Resources and Social Security Bureau mentioned: Encourage negotiations to deal with wages and benefits.
The medical institution or the government shall implement isolation measures on patients with COVID-19, pathogen carriers, , suspected patients, close contacts, etc. in accordance with the law, resulting in the workers being unable to provide normal labor, the enterprise shall pay their wages during the isolation period according to normal labor. After the quarantine period ends, the enterprise will pay the wages of workers who still need to stop working for treatment in accordance with the relevant regulations on the medical period when the employees are sick.
For other people who have been suspended from work or workers cannot return to work due to the government's law, the two parties to the labor relations should strengthen the concept of working together and overcoming difficulties together, distinguish different situations, and negotiate and resolve them as much as possible.
3, Xuzhou
The issue of how to pay wages for enterprise employees during the epidemic prevention and control period, Yu Hongliang, director of the Xuzhou Municipal Human Resources and Social Security Bureau, introduced that if enterprises have difficulty in operating difficulties due to emergency measures such as the government taking suspension of work and business, they will be unable to pay wages with the trade union or After the employees agree to negotiate and agree, they may temporarily postpone the wages of workers, and the extension time shall not exceed 30 days.
4, Zhejiang
Zhejiang Province clearly stipulates that during the period when patients with COVID-19 are suspected patients and close contacts are taken to be isolated, enterprises shall be deemed to provide normal labor and pay employees' normal working hours wages. After the quarantine period ends, the enterprise will pay the sick leave salary for patients who still need to stop working for treatment in accordance with the relevant regulations on the medical period when the employee is sick.
Employees cannot return to work on time due to emergency measures taken by the government, and shall be implemented in accordance with the relevant regulations of the state and provincial on wage payment during shutdowns and production suspensions. That is, if the wage payment cycle is within one wage payment cycle, the wages of the workers shall be paid in accordance with the standards agreed in the labor contract .
If more than one wage payment cycle, the enterprise shall pay living expenses at no less than 80% of the local minimum wage standard. However, for enterprises and employees to negotiate with priority to using paid annual leave and other types of leave (including welfare leave set by enterprises), wages will be paid according to the relevant leave regulations.
5, Zhanjiang, Guangdong
Zhanjiang Municipal Human Resources and Social Security Bureau recently gave the latest response. Because the government has taken emergency measures such as suspension of work and blocking epidemic areas in accordance with the law, resulting in the suspension of work or the workers being unable to return to work, different situations should be handled:
1) If workers who have not returned to work provide normal labor through telephone, Internet, etc., they will pay their wages according to normal labor.
2) If the company arranges workers to use paid annual leave during the epidemic, the company's own welfare leave and other types of leave, the salary will be paid in accordance with the relevant leave regulations.
3) If a worker has not returned to work and cannot provide normal labor through other means, he shall consult with the worker in accordance with the relevant provisions on wage payment during the suspension of work and production. If the wage is paid in one wage payment cycle, the wage shall be paid according to the standards agreed in the labor contract; if it exceeds one wage payment; In the period, the company shall pay living expenses, and the living expenses shall be paid at no less than 80% of the local minimum wage standard.
6, other cities
If the local government does not issue clear regulations on wage payment during working from home, then in accordance with "Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of the New Coronavirus Pneumonia Epidemic by the New Coronavirus Infection 》 (Director of Human Resources and Social Security [2020] No. 5) was executed.
1) If employees work normally during the quarantine period, the company shall pay employees' wages normally;
2) If the company has difficulty in production and operation due to the impact of the epidemic, and the suspension of work and production is within one wage payment cycle (usually one month), the company shall follow the labor contract. The agreed wages are paid to employees;
3) Due to the impact of the epidemic, the company has difficulty in production and operation, and the suspension of work and production will last for more than one salary payment cycle. If employees go to work normally, the company can pay wages to employees according to the minimum wage standard;
4) Due to the impact of the epidemic, the company has difficulty in production and operation, and the work will be suspended. If the production is suspended for more than one salary payment cycle, if the employee does not go to work, the company can pay the employee living expenses at 75% of the minimum wage standard.
02
Home office management difficulties nine questions and answers
Q1: Should employees work online at home? Should file records or attendance be formed to avoid risks?
Answer: It is recommended that the unit publishes specifications and requirements for flexible methods such as working from home, and stipulates attendance and work delivery methods.
Q2: How to do practical work on the next rest day?
Answer: You can borrow Saturday and arrange for employees to rest first. After resuming work, you can go to Saturday and take a break, and make up for the rest day, and pay Saturday's salary. An agreement on transfer Saturday is required, including the time of transfer, arrangements for future work and wage payment standards. (This suggestion is for reference only)
Q3: During the epidemic, the company's turnover was affected, and all employees were reduced in the month. The heads of each department were notified by telephone, and the relevant paper or electronic version were notified. What are the risks of doing so? ?
Answer: The key to negotiation is that the two parties reach an agreement and must have consensus supporting documents, such as written agreement or email confirmation. If you just inform me by phone, unless there is a recording, there will be legal risks, such as wage arrears, etc.
Q4: Does the unit need to negotiate with the employees if it is necessary to arrange annual leave? What should I do if an employee is unwilling to use the annual leave?
Answer: Annual leave is arranged uniformly by the company based on business conditions and considering the employee's own wishes.
[Policy basis] Article 5 of " Employee Paid Annual Leave Regulations ", the unit shall coordinate the annual leave of employees based on the specific situation of production and work, and consider the wishes of the employees themselves.
Q5: Our unit has 150 people, and the work and production will be suspended in April. How to issue a notice on standby? We have a WeChat group, and the employees are all ordinary front-line employees.
Answer: If all employees are suspended from work and are on standby:
First, all employees can be notified to work due to corporate reasons, and can be delivered to employees through WeChat mass sending or emailing. It is best to have feedback similar to "received" and take screenshots and save them. , the wage standard for the first wage payment period shall be paid according to the wage standard for the labor contract. If it exceeds 30 days and no labor is provided, it may be paid according to the wage standard for the standby work. The wage standards for the standby work in different places are different. Generally, the minimum wage shall be 70% and 80% of the minimum wage in the general area. .
Second, you can initiate negotiations to all employees for waiting, and you can also send it through WeChat mass or email. Everyone reply "Agree" and save screenshots. The salary payment standard can be implemented in accordance with the agreed standards of the two parties and must not be lower than the basic living expenses. .
Q6: You can adjust your salary through consensus with employees. How to adjust for hundreds of people? What should employees do if they don’t agree?
Answer: If all employees are suspended from work and are on standby, the enterprise can execute unilaterally. The unilateral execution does not require the consent of the employee, but wages must be paid in accordance with Article 12 of the "Interim Regulations on Wage Payment". The unit is not caused by the workers' reasons. If the work suspension or production suspension is within one wage payment cycle, the employer shall pay the employee’s wages according to the standards stipulated in the labor contract.
If the wage payment cycle exceeds one wage payment cycle, if the worker provides normal labor, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard;
If the worker does not provide normal labor, it shall be handled in accordance with relevant national regulations. For example: If labor is not provided in Beijing, the minimum living expenses are 70% of the minimum wage.
Q7: During the epidemic control stage, can the probation period of employees during the probation period be postponed? Can I dismiss the probationary employee because I fail the probationary period?
Answer: If there are clear provisions in the enterprise labor contract, or if the labor contract change letter is signed with the employee, the probation period time may be changed, but the number of days of change shall not violate the probation period provisions of the Labor Contract Law in the Labor Contract Law.
[Policy basis] Article 19 of the Labor Contract Law, if the probation period labor contract term or more than three months is less than one year, the probation period shall not exceed one month;
labor contract term 1 or more than three years is less than one year. , the probation period shall not exceed two months; the probation period shall not exceed six months for a fixed period of more than three years and a labor contract with an unfixed period of more than six months.
If there is evidence to prove that an employee does not meet the employment conditions during the probation period, he or she can terminate the labor contract.
[Policy basis] Article 39 of the Labor Contract Law If a worker is in any of the following circumstances, the employer may terminate the labor contract: (1) It is proved that it does not meet the employment conditions during the probation period.
However, for employees of enterprises who are unable to provide normal labor due to the new coronavirus pneumonia patients, suspected patients, close contacts during their isolation treatment or medical observation period, and due to the government's implementation of isolation measures or other emergency measures, the enterprise shall pay the employees. Work remuneration during this period shall not be terminated with employees in accordance with Articles 40 and 41 of the Labor Contract Law.
—"Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of Pneumonia by the New Coronavirus Infection" Department of Human Resources and Social Security [2020] No. 5
03
HR Please collect the home office management system
This system is a flexible working system in a special period. In order to improve the office efficiency and work quality in such situations, system requirements for home office situations need to be made, as follows:
1, home communication management requirements
1) Office equipment requirements
Report the home office equipment in advance, such as: computers, WIFI, etc.;
2) Office places require
When working from home, the office area must be fixed in a dedicated area to reduce interference. During video conferences, you must ensure that you can clearly see yourself and Worker status;
3) Online office attendance requirements
All personnel are required to use their mobile phones to enter the video conference room and debug the video equipment 10 minutes in advance. If more people work in the same space, only one person needs to turn on the voice and phone number, and the supervisors of each department must pay attention to the department Workers do a good job in online attendance inspections to ensure that the work status of work staff in this department is recorded;
4 ) Online office work requirements
During the office, employees must ensure that other communication software used normally are turned on at any time and have a good signal, which is convenient for communication at any time;
5) Online management work duty requirements
Duty supervisor: Check the problems encountered by all personnel on duty attendance and coordinating the work of the staff; the supervisor of this department: randomly check the work status of the office workers at home;
2, work arrangement requirements for each department
1) Time node
1 Recommended one day as one node, Require a department video conference notification one day in advance;
2) Work plan confirmation
Supervisor needs to formulate a work task table for this department. The task table requires the overall work plan of this department and the detailed work content of each employee, and is assigned to each group member. Make sure each team member has clear their work tasks;
3) Daily work acceptance
Employees must keep work records every day. Supervisors can check it every day or collect the work results of the day after 17 o'clock every day, and give work comments on the employees' completion of work;
4) The next work plan will be arranged for
acceptance After completion, start the next day's work schedule again.
3. Home office attendance record requirements
1) The supervisors of each department must formulate the working hours requirements for each department in advance, notify the team members and report to the Human Resources Department;
2) The attendance records of all personnel are subject to the entry/exit video conference time. 10 minutes in advance. For example, if the working hours are 10 o'clock, the attendance record time is 9:50. If the time recorded by the system is outside the working hours specified by the department, it will be processed as late/early leave, and the corresponding punishment will be imposed. ;
3) If the supervisor has communicated in advance and has made work arrangements, Those who request temporary leave shall be treated as leave (double);
4) If the department requires work but does not enter the video conference room, the process shall be treated as leave (double) and the corresponding punishment shall be imposed;
5) Ensure concentration of energy during work , During the online video time, the cumulative time of leaving the video area shall not exceed 15 minutes each time, and shall not exceed 3 times a day;
6) During work, you must not do things that are unrelated to work, such as eating snacks, chatting with your family, watching TV, and shaking , raising children, etc.;
7) Full attendance reward is given to employees who are online throughout the day and all the time during the online office period and have been in a working state.
