"Stock Tax" Interpretation of Labor and Personnel Regulations
In one article, understand the salary payment standards during the COVID-19 quarantine
▲ Author: Li Yinwei Lawyer
From the end of March to early June 2022, due to the sudden outbreak of the COVID-19 epidemic (Omikefeng), Shanghai, China's largest city, pressed the pause button. All enterprises in the city, including all enterprises, entered a stagnation period of more than two months, causing huge economic losses. During and after the epidemic, a major controversy faced by enterprises and employees is how to pay wages during the epidemic ? This article has sorted out the relevant policies of the country and Shanghai, hoping to help enterprises and employees and reduce controversy.
1
close contacts for new coronavirus positive and close contacts
For patients with new coronavirus positive, asymptomatic infected patients, , suspected positive and close contacts , salary should be paid normally.
According to Article 1 of the "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 Pneumonia Epidemic by the New Coronavirus Infection", for employees of the new coronavirus pneumonia patients, suspected patients, and close contacts who are unable to provide normal labor during their isolation treatment or medical observation period, and those who are unable to provide normal labor due to the government's implementation of isolation measures or other emergency measures, the enterprise shall pay employees' work remuneration during this period. shall not terminate the labor contract with employees in accordance with Articles 40 and 41 of the Labor Contract Law. During this period, if the labor contract expires, it will be postponed to the end of the employee's medical period, the medical observation period, the quarantine period, or the end of the emergency measures taken by the government.
Therefore, if an employee is a positive confirmed case of COVID-19, asymptomatic infection, suspected case, and close contacts, he shall pay his salary normally during treatment, isolation and medical observation. If the continues to treat after the quarantine is completed, the employee will be paid sick leave wages in accordance with the medical period regulations.
2
Home office
(1) If an employee can attend normally during the home office, the company shall pay the salary;
(2) If the unit arranges employees to work overtime on weekends during the home office, the employee may arrange additional compensatory leave. If the compensatory leave is not arranged, the overtime salary of 200% of the daily wage standard must be paid; the unit arranges employees to work on statutory holidays to pay overtime salary of 300% of the daily wage.
(3) If an employee refuses to provide labor at home when he can work from home, the employer may not pay labor remuneration because he has not provided labor and has no legitimate reasons.
(4) Transportation subsidies and meal posts are not sent.
3
cannot go home in the work unit
If an employee is closed at the work unit and cannot go home, the unit has normal working conditions and the employee attends normally, he shall pay the salary normally.
Employees live in the unit for rest time is not used as overtime.
Considering that employees live in the company's factory to insist on production, they can consider giving subsidies from the perspective of concern.
If a close contact or suspected positive blockade is in the work unit, the salary will be paid normally according to the first point above.
4
2 There is no condition to arrange employee labor during the closed period
If the closed period can be negotiated with employees prioritize the use of paid annual leave , parental leave , enterprise self-set welfare leave and other various types of leave, cumulative overtime compensatory leave and rest days within the year of comprehensive adjustment use (i.e. take a leave first and then make up for shifts, and ensure one day off every week when making up for shifts), and pay wages according to various holiday regulations.
5
Enterprises have difficulty in production and operation and stop production
Enterprises can conduct democratic negotiations with trade unions or employee representatives to determine the benefits during the suspension of work and production. If the negotiation cannot reach an agreement, will be in the first wage payment cycle, and should pay employees' wages according to the standards stipulated in the labor contract . has that exceeds one wage payment cycle. If a few employees provide that provides normal labor during the shutdown period, they will pay wages according to the new agreement between the two parties, but shall not be lower than the minimum wage standard stipulated by the city; if employees do not provide normal labor, the enterprise shall pay living expenses, and the living expenses standard can be determined through democratic consultation, but in practice, 80% that is not lower than Shanghai's minimum wage standard.
6
blocking caused by personal violations of employees
employee fails to comply with the government's epidemic prevention and control regulations, resulting in isolation treatment or medical observation. The company may not pay their wages and remuneration during the period of quarantine, and employees bear the corresponding consequences on their own.
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text|Gu Ming Lawyer
pic|Source from the Internet
type|Ellie Lee
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