How to calculate the salary during quarantine? How are the regulations stipulated in each region? Watch it quickly! Recently, many people have been concerned about how to calculate the salary for those who cannot work normally due to closed management of the community, home isolation, etc., and at present, the Ministry of Human Resources and Social Security has officially made it clear! Enterprises, finance, and employees all need to know!
Wuhan . Some communities implement closed management and employees cannot go to work normally. Some employees return to Wuhan from other places and need to be quarantined at home. How should their wages be paid?
During this period, enterprises should actively communicate with employees and arrange employees to work from home through telephone, Internet, etc. to pay wages according to normal labor;
After consultation with employees, enterprises should coordinate the arrangements for employees to take annual leave, set up self-profit leave and other various leaves, and pay wages in accordance with relevant holiday regulations.
For those who are unable to go to work after all kinds of leave, the company negotiates with employees to pay wages within one wage payment cycle according to the standards stipulated in the labor contract; if it exceeds one wage payment cycle, living expenses can be paid at no less than 70% of the minimum wage standard in our city.
. How to pay the salary of those who implement quarantine measures in accordance with the law?
The medical institution or the government shall implement isolation measures on patients with COVID-19, carriers of pathogens, suspected patients, close contacts, etc. in accordance with the law. If employees are unable to provide normal labor, the enterprise shall pay their wages during the isolation period according to normal labor.
. During the normalized epidemic prevention and control period, what are the restrictions on enterprises unilaterally terminate labor contracts?
For patients with COVID-19 who are subject to isolation treatment or medical observation in accordance with the law, carriers of the pathogen, suspected patients, close contacts, and employees who are unable to provide normal labor due to the government's implementation of isolation measures or other emergency measures, the enterprise shall not terminate the labor contract with them. If the labor contract expires, it shall be postponed to the end of the isolation treatment period, the medical observation period, the isolation period expires or the end of the emergency measures taken by the government. For dispatched workers, enterprises shall not return them to labor dispatch units.
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. Some employees are worried about being infected by the virus and refuse to go to work. What should the company deal with it?
If an enterprise requires employees who meet the conditions to go to work to fulfill their labor obligations, employees shall obey the company's work arrangements.
If you fail to take the job as required without a legitimate reason, the company may deal with it in accordance with the rules and regulations.
Nanjing Picture Recently, there have been many inquiries about holiday and salary payments in this period because employees who are "green code" or are in another place need to implement epidemic prevention and control requirements at home or centralized isolation. According to relevant laws, regulations and policies, after consultation, the reply is put forward as follows. "Green code" employees need to be at home or centralized quarantine, how do they calculate their salary? The Nanjing Human Resources and Social Security Bureau has come to reply!
. Regarding the "green code" of Sukang code employees due to related wage payment issues during the implementation of epidemic prevention and control measures
The employee's own health code is not abnormal. During the epidemic prevention and control requirements (such as the implementation of community and building closure, etc.), the enterprise shall pay the corresponding wages in accordance with the previous work and holiday arrangements related to the "yellow code" of employees' home isolation observation, etc.
2. Regarding the issue of holiday and wage payment during the period that employees are affected by epidemic prevention measures in other places,
. When employees are on business trips in other places for business and are subject to isolation and observation due to epidemic prevention and control requirements, the enterprise shall deem the employee to provide normal labor and pay wages in accordance with the relevant salary rules and regulations of the unit.
. Employees are required to take leave or take leave in other places. Due to epidemic prevention and control requirements, wage payment during the period of isolation and observation shall be handled in accordance with the specific circumstances.Among them: If
is during the holiday, the enterprise should handle it in accordance with Article 26 of the "Jiangsu Province Wage Payment Regulations" and in accordance with the relevant rules and regulations of the unit;
. Strengthen care and communication and actively prevent and resolve labor disputes
Enterprises should care about employees who are away on duty or during holidays, actively contact and inquire about their status, understand the requirements of local epidemic prevention measures, and properly handle the situation of employees who fail to return to work on time due to special reasons.
Employees who are subject to isolation and observation due to epidemic prevention and control requirements in other places shall promptly inform the company and provide relevant notices or notices and certificates required by local epidemic prevention and control measures. They shall not use the excuse of prevention and control and still not return to work after the expiration of the period, or falsely state that they and their families need to be isolated, and disrupt the overall situation of epidemic prevention and control and interfere with the normal production and operation order of the enterprise. If such a situation occurs, they shall bear corresponding legal responsibilities. The enterprise may deal with it in accordance with the law and regulations in accordance with the relevant rules and regulations of the unit.
In the current special period of epidemic prevention and control, enterprises and employees should strengthen communication and contact, understand and support each other. Employees' relevant demands can be negotiated with the trade union to avoid unnecessary labor disputes, jointly maintain the harmony and stability of labor relations, and jointly contribute to epidemic prevention and control.
In addition, the Beijing Municipal Human Resources and Social Security Bureau answered hot questions such as how employees use their holidays during the current Sukang code "yellow code" and how to pay their wages during their home isolation observation period. The details are as follows:
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Guangzhou Guangzhou Municipal Human Resources and Social Security Bureau issued the policy guidelines for labor relations related to the epidemic on June 2, clarifying that if workers located in risk areas cannot arrive at work normally, their wages can be processed in three categories! picture (1) If the enterprise arranges workers who have not returned to work to provide normal labor through telephone, Internet, etc., wages shall be paid according to normal labor. (2) If the company arranges workers to use paid annual leave and company-owned welfare leave during the epidemic period, the salary will be paid according to the relevant leave regulations. (3) If a worker has not returned to work and cannot provide normal labor through other means, he shall negotiate with the worker in accordance with the relevant provisions on wage payment during the suspension of work and production. If the wage payment cycle is exceeded, the wage shall be paid according to the standards agreed in the labor contract; if the wage payment cycle exceeds one wage payment cycle, the enterprise shall pay living expenses, and the living expenses shall be paid at no less than 80% of the local minimum wage standard. picture . Because the government takes emergency measures in accordance with the law, workers cannot return to work, how should workers' wages be calculated?
should be treated differently: . How to calculate wages when workers are isolated according to law?
According to the provisions of the Infectious Disease Prevention and Control Law, medical institutions or governments shall implement isolation measures on patients with new coronavirus pneumonia, 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 is over, for workers who still need to stop working for treatment, during the medical period stipulated by the state, the enterprise shall pay their sick leave wages in accordance with the provisions of the labor contract, collective contract or relevant national regulations, and the sick leave wages paid shall not be less than 80% of the local minimum wage standard.
. Can enterprises terminate their labor contracts with patients with COVID-19, pathogen carriers, suspected patients, close contacts, and workers who cannot provide normal labor due to the government's implementation of isolation measures or other emergency measures?
Enterprises shall not terminate the labor contract with patients with new coronary pneumonia who are subject to isolation treatment or medical observation in accordance with the law, carriers of the pathogen, suspected patients, close contacts, and workers who are unable to provide normal labor due to the government's implementation of isolation measures or other emergency measures.
If the labor contract expires, it will be postponed to the end of the worker's isolation treatment period, medical observation period, isolation period, or emergency measures taken by the government. The employer shall not return the dispatched workers to the labor dispatch unit for this reason.
. What should be done when an enterprise cannot enter into or renew written labor contracts with workers in a timely manner in accordance with the law? What should be done when the original labor contract cannot be continued due to the impact of the epidemic?
Due to the impact of the epidemic, enterprises and the hired workers cannot enter into or renew written labor contracts in a timely manner in accordance with the law, and can reasonably and smoothly extend the time for entering into a written labor contract through negotiation. Enterprises and workers can enter into written labor contracts in electronic form when they reach an agreement. Once an electronic labor contract that complies with the provisions of the Labor Contract Law, the Electronic Signature Law and other laws and regulations is concluded, it has the same legal effect as a written labor contract.
If the original labor contract is indeed unable to be performed due to the impact of the epidemic, the practice of temporarily stopping the performance of the labor contract shall not be adopted. The enterprise and the employee shall reach an agreement and change the labor contract in accordance with the law.
5. During the epidemic, how should the parties apply for labor mediation and arbitration?
A labor dispute occurs, the parties can negotiate and settle, or apply for labor dispute mediation. The parties can submit information through online, postal, etc., and apply for mediation of disputes through contactless instant communication methods such as telephone and online video. For arbitration cases that meet the conditions, they may be handled by video trial or written trial with the consent of the parties. If the parties or agents are unable to attend the trial at the labor and personnel dispute arbitration institution due to the impact of the epidemic, they may apply to the labor and personnel dispute arbitration institution for postponement of the trial.