Due to the epidemic this year, we not only spent an unforgettable New Year but also spent a very long holiday, but there are certain people who still insist on working even during the extended New Year holiday. How should the salary and benefits of these people be determined and

This year

Due to the epidemic

Not only

We have not only

spent an unforgettable New Year

but also spent a very long holiday

But there are definitely some people

Even during the extended New Year holiday

still insists on working

Then how should these people's salary and benefits be determined and calculated?

Recently,

Guangdong High Court and Guangdong Provincial Department of Human Resources and Social Security

jointly released

"Answers on the Trial of Labor and Personnel Disputes in the New Coronavirus Pneumonia Epidemic

Several Questions Concerning the Trial of Labor and Personnel Disputes in the New Coronavirus Pneumonia Epidemic"

Answers to multiple questions

If you still have any questions, hurry up and take a look!

01

How should workers' wages and benefits be determined during the 2020 Spring Festival extended holiday?

If an employer arranges workers' work during the extended Spring Festival holiday (January 31, February 1, February 2), he shall first arrange compensatory leave; if compensatory leave cannot be arranged, he shall pay wages at 200% which is not less than the worker's own daily or hourly wage standard.

If the employer does not arrange work for workers during this period and it will be handled according to the original salary calculation method.

02

2020 Spring Festival extended holiday overlaps with other holidays, medical period , and wage suspension period. How should it be handled?

If maternity leave, reward leave, paternity leave (care leave), wage suspension period and medical period overlap with the 2020 Spring Festival extended holiday, it shall not be postponed. If the 0-year vacation overlaps with the 2020 Spring Festival extended holiday, it can be postponed, or the worker applies separately or the employer arranges separately.
If marriage and funeral leave and matter leave overlap with the 2020 Spring Festival extended holiday, the worker and the employer can negotiate and arrange it in accordance with the law.

03

How should workers determine their wages and benefits during the delayed resumption of work in the government?

If an employer who meets the regulations and does not suffer from delayed resumption of work restrictions and arranges worker work during this period, he shall pay the employee's wages in accordance with the law.
Among them, if the employer arranges the work of the worker on the rest day but cannot arrange compensatory leave, the salary shall be paid at no less than 200% of the worker's own daily or hourly wage standard.

04

Due to the impact of the epidemic, employers cannot enter into or renew written labor contracts with workers in a timely manner in accordance with the law. What should be done?

Due to the impact of the epidemic, the employer cannot enter into or renew a written labor contract with the employee in a timely manner in accordance with the law, and the employee requests that the wage difference be doubled for the written labor contract, it will not be supported.

During the epidemic prevention and control period, the employer and the employee can enter into an electronic form to enter into a labor contract. Once an electronic labor contract that meets the requirements is concluded, it has the same legal effect as a written labor contract.

05

What should workers handle wages and remuneration for requesting treatment, medical observation or quarantine?

should be supported. However, if the worker fails to comply with the government's epidemic prevention and control regulations, resulting in isolation treatment or medical observation, and the worker requests wages and remuneration during the period, he will not be supported.

06

Due to emergency measures such as suspension of work and blocking of epidemic areas, employers delayed their resumption of work, and workers requested wages and remuneration during the period when they could not return to work. How should they be dealt with?

If the employer arranges workers who have not returned to work to provide normal labor through telephone, Internet, etc., the wages shall be paid according to normal labor.

If the employer has not resumed work or has resumed work but the worker has not returned to work and cannot provide normal labor through other means, consult with the employee 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 in accordance with the standards agreed in the labor contract; if one wage payment cycle exceeds one wage payment cycle, the employer shall pay living expenses, and the living expenses shall be paid at no less than 80% of the local minimum wage standard.

07

What should be done if a worker requests to return to work after the expiration of his or her isolation treatment or medical observation period, but the employer refuses it? If the employer refuses without a legitimate reason, he shall pay the salary for normal working hours.

If the employer refuses the worker to return to work and fails to pay wages for more than a reasonable period of time, and the worker terminates the labor contract in accordance with the law and requests to pay economic compensation, it should be supported.

08

What should be done if an employer who undertakes epidemic prevention and control guarantee tasks require workers to return to work early or reasonably extend their working hours? If

is a case where a labor contract can be terminated, the employer may terminate the labor contract according to the law, the provisions of the labor contract or the rules and regulations of the unit.

If a worker requests economic compensation or compensation, he will not be supported.

09

Workers refuse to go to areas with severe epidemics, or areas with severe epidemics but have been determined to be low-risk areas for work or business trips. The employer terminates the labor contract with this. Can the worker claim compensation?

During the epidemic prevention and control period, the employer did not provide necessary protective measures, had no legitimate reasons or relevant policy basis to require workers to work or travel in areas with severe epidemics, and the workers have the right to refuse.

If an employer terminates the labor contract due to the employee's refusal and the employee requests compensation in accordance with the law, it should be supported.
However, if the transport of epidemic prevention materials and other related to epidemic prevention and control are closely related to epidemic prevention and control, workers shall not refuse without special circumstances. Employers require workers to work or travel in areas with severe epidemics but have been identified as low-risk areas, and workers should obey without legitimate reasons.

10

How should an employer terminate the labor contract based on the reason that the worker's hometown and residence belongs to the area where the epidemic is severe?

Employers shall bear legal liability for illegally terminating labor contracts.

11

Workers refuse treatment, medical observation, medical examination, and isolation in violation of government epidemic prevention and control measures. Can the employer terminate the labor contract?

If it affects the production and operation of the employer or seriously violates labor discipline and employer rules and regulations, the employer may terminate the labor contract in accordance with the law.

12

Due to the impact of the epidemic, the employer delays paying wages or fails to pay social insurance premiums for workers in a timely manner in accordance with the law, and the worker terminates the labor contract and requests economic compensation. Should it be supported?

If an employer delays paying wages for more than 30 days due to the impact of the epidemic, or fails to pay social insurance premiums in a timely manner in accordance with the law, and the employee terminates the labor contract and requests economic compensation on this ground, it will not be supported.

13

Employers terminate their labor contracts due to serious difficulties in production and operation due to the impact of the epidemic. Can workers claim economic compensation?

If an employer has severe production and operation difficulties due to the impact of the epidemic, he or she can negotiate with the workers and change the labor contract by adjusting salary, rotating work, shortening working hours, and waiting for work to stabilize jobs.

If the two parties fail to reach an agreement and the employer terminates the labor contract, economic compensation shall be paid.

14

Employers are suspended due to the impact of the epidemic. How to deal with salary and benefits?

If an employer stops work and production due to the impact of the epidemic and does not exceed one wage payment cycle, the wages shall be paid in accordance with the wage standards agreed in the labor contract.

If more than one wage payment cycle is made, the employer and the employee may negotiate the new wage standard based on the labor provided by the employee; if the negotiation fails, the employer may terminate the labor contract, but shall pay economic compensation.If the wage payment cycle exceeds one wage payment cycle, the employer shall not arrange the work of the worker and shall pay the workers' living expenses at no less than 80% of the local minimum wage standard.

15

Employer terminates the labor contract that expires during the epidemic prevention and control period, and the worker requests to continue to perform or pay compensation. Should it be supported?

The labor contract expires during the isolation treatment period, during medical observation period, and during the government's implementation of isolation measures or other emergency measures, the labor contract period will be postponed to the labor contract period, the medical observation period, the quarantine period expires or the government's emergency measures respectively.

If the employer terminates the labor contract that expires during the above period and the employee requests to continue to perform, it shall be supported.

16

How to deal with the employer terminates the labor contract on the grounds that the worker cannot provide normal labor during the treatment period or during the epidemic prevention and control period?

If a worker fails to provide normal labor due to isolation treatment, medical observation, government implementation of isolation measures or other emergency measures, and the employer terminates the labor contract with this and the worker requests to continue to perform, it should be supported.

If a worker does not request to continue to perform or the labor contract is no longer able to be performed and requests to pay compensation, it shall be supported.

17

Workers suffer from New New 5 Can they not engage in their original work after treatment, nor can they engage in work arranged separately by the employer. Can the employer terminate the labor contract?

The employer can terminate the labor contract, but shall pay economic compensation.

18

How should the labor relationship between shared employment be identified during the epidemic prevention and control period?

During the epidemic prevention and control period, if the surplus unit of the employee lends the worker to the shortage unit for sharing employment, the labor relationship between the lending unit and the worker will not be changed, but the relevant terms in the labor contract can be changed after negotiation between the two parties.

19

What should workers be treated as work-related injuries due to COVID-19?

Workers are identified as working-related injuries due to COVID-19 and enjoy work-related injuries insurance benefits in accordance with the law. If you have participated in the work-related injury insurance, the work-related injury insurance benefits shall be paid by the work-related injury insurance fund and the employer in accordance with the relevant provisions of work-related injury insurance; if you have not participated in the work-related injury insurance, the employer shall pay by the prescribed work-related injury insurance benefits items and standards.

20

Diet a worker due to COVID-19 is not a work-related injury. Their close relatives claim that the employer pays death pensions. What should be done?

should be supported, except for those that have been included in social insurance payments as required.

▌Explanation: This article was edited, compiled and published by Shenzhen local treasure . Please indicate the reprint!

▌Source: Guangdong Published

▌Editor: Xia Yi

If you like this article, please comment, collect, forward and like. If you want to get more information about local service guides in Shenzhen and new information on eating, drinking and having fun, please stay tuned for local treasures in Shenzhen!