4. How to standardize the implementation of rotation or adjustment of annual rest days?
Shanghai's epidemic relief policy stipulates that enterprises that have difficulties in production and operation due to the impact of the epidemic can stabilize their jobs by adjusting salary, rotation and rest periods, flexible working hours, and rest days within the year of comprehensive adjustment of use. The specific methods are determined by negotiation between the company and employees.
Shenzhen’s epidemic relief policy stipulates that enterprises allow comprehensive adjustments to the rest days within the year of use in accordance with the law to balance the overall working hours of current on-duty staff and those who cannot return to work normally.
According to the spirit of the above policies, if enterprises are unable to start work and employees are unable to go to work due to the impact of the epidemic, they can take rotation and rest days within the year of comprehensive adjustment and use; however, the government departments have not provided operational guidance on how the above policies are implemented, so how can enterprise HRs standardize the implementation of rotation and rest days within the year of adjustment?
1. How to standardize the negotiation procedure?
Shanghai policy stipulates: "The specific method of (the resumption or adjustment of the annual rest day) is determined by negotiation between the enterprise and the employee", that is, the enterprise needs to negotiate with the employee before it can implement the resumption or adjustment of the annual rest day; so, how to conduct the negotiation procedures in a standardized manner?
① Negotiation method: individual consultation or group consultation?
Shanghai policy stipulates that "enterprise consultation with employees" means that the enterprise conducts individual consultations and negotiations with each employee? Or does it mean that the company and employees conduct group negotiations? For example, collective consultation, staff congress consultation, and trade union representative employees conduct negotiations.
If, the company is required to conduct individual negotiations and negotiations with each employee, regardless of the high negotiation costs, inefficiency and endless disputes, if; all employees need to agree to it before it can be implemented, perhaps when the company obtains the consent of all employees, the epidemic lockdown measures will be lifted, and the company and employees have done a useless effort. If the employee who agrees to execute first and the employee who disagrees to execute, then what is the fairness? The final result may be: naughty employees benefit, honest employees suffer losses, and there may be a phenomenon of "turning up the cake".
In the special emergency of the epidemic, "enterprise consultation with employees" interprets that group negotiation is more reasonable. On the basis of taking into account the wishes and interests of the most employees, enterprises efficiently introduce practical plans and implement them.
② Consultation form: joint decision or joint decision? After
consultation, does the implementation plan require the company and employees to negotiate and decide together? Or should the company ask the company to discuss and listen to opinions and suggestions together and then the company decides on its own?
Shanghai policy stipulates "negotiation and determination" rather than "negotiation and determination", so the basis for requiring enterprises and employees to decide together is not valid. Beijing’s policies stipulate that if an employer suspends work and arranges workers to stand on duty due to the epidemic, the employee cannot return to work due to epidemic prevention and control reasons. In the above circumstances, the employer arranges workers to stand on duty and cannot be attributed to the employer. Although consultation is encouraged, it is not advisable to strictly require that both parties must reach an agreement. Article 4 of the Labor Contract Law stipulates that when an enterprise formulates rules and regulations, it shall be discussed by the staff congress or all employees, listen to opinions and suggestions, and negotiate with the trade union or employee representatives on an equal basis. In practice, we call it: an enterprise should formulate rules and regulations through democratic procedures, and after listening to employees' opinions, it will be determined by the enterprise (i.e. "co-discussion and single decision"). The implementation plan for the resumption of the annual rest day can be considered as part of the enterprise rules and regulations. The formulation of the implementation plan can be based on the procedures for formulating the rules and regulations and in accordance with the democratic procedure of "co-debate and single decision".
2. How to "turn" on rotation and rest?
There are many "wheel methods" for enterprises to implement rotation and rest:
① "wheel" shift.
A employee and B employee take shifts: A works one day, B takes one day off; B works one day off, A takes one day off. Everyone in the company has classes, and the hours of work are similar, and the salary income of the same position is similar, which is relatively fair and reasonable, and the employees have a high degree of acceptance."Rotation" shifts are a relatively ideal rotation and rest state, which is more suitable for normal production arrangements. Some industries and enterprises have production requirements of "man and machine stops"; under the epidemic situation, enterprises are generally unable to start work or insufficient start work, it is unlikely to implement this step-by-step shift method similar to " three shifts and ".
② Department (team) "turn".
Enterprises are grouped according to departments (teams) and take turns to work or rest; there are two prerequisites for implementing this shift method: one is to scientifically group to ensure the proportion of technical strength of each department (team), which can be replaced and seamlessly connected; the other is that the work tasks of each group must be the same, otherwise, the normal development of production and operation cannot be guaranteed.
In practice, you will encounter a lot of problems: how to rotate between different product lines? How to turn between business lines and functional lines? How to turn between the design and R&D line and the marketing line?
③ Short "wheel". The cycle of
rounds is as short as possible, such as one cycle once, or one cycle once per cycle, and the frequency of rounds is higher, which can ensure that every employee has the opportunity to go to work, at least in a fair manner; however, this requires that the managers of the company have higher and more refined management tools and skills, which not every company has.
④Long "wheel".
According to the business management needs of the company, considering the business continuity and the personal abilities of employees, the company can arrange for some departments and employees to work in a stable manner for a long time, while some departments and employees can only rest at home for a long time. For example, for enterprises that operate both online and offline businesses, online departments and employees can attend all work, while offline departments and employees can rest; production departments and employees all rest, and IT and other guarantee departments and employees all attend; within the same department, enterprises can arrange important positions, core positions, and employees with strong abilities to go to work, and other employees to rest.
In summary, enterprises can formulate various rotation and rest plans based on the actual situation of the impact of the epidemic on their own operations, and government departments should not intervene too much. If there is obvious unreasonable content of the company's rotation and rest plan, it is recommended that the trade union organize a representative of employees to put forward opinions and demands and require the company to correct the problem.
3. How to "adjust" the rest day during the year of adjustment?
generally believes that the rest day within the comprehensive adjustment year means that the rest day after the year is to take a break in advance to offset the time when employees cannot go to work; similar to the company implementing a comprehensive calculation working hours system based on the annual calculation cycle, that is, in an annual comprehensive adjustment of working hours and rest time, employees cannot go to work during the epidemic to calculate rest (more rest). After the epidemic ends, employees go to work more and less. In the practice of
, there are two main issues that need to be clarified: How to adjust
①?
For example, calculate how many rest days are left this year, first offset the time when employees cannot go to work during the epidemic according to 50% of the rest days. If the remaining 50% of the rest days this year are not enough, offset the time according to the order of the other 50% of the rest days. How to make up for
②?
After offsetting with a rest day, after the epidemic is over, the actual rest day of the employees has been off. On the premise of ensuring the physical and mental health of employees, the company can implement weekly single breaks or even non-stop breaks. If an enterprise arranges employees to work on the original system rest day (which has been automatically adjusted to work days), they only need to pay the wages for normal labor, and there is no need to pay overtime wages. If the company takes into account the health of employees and the actual situation of business operations, it can also add rest days on the basis of the original system's rest days so that employees can enjoy more rest time. This kind of work and rest arrangement is the independent employment management of the company's working hours and vacations, and it is not against the law and government departments do not need to interfere.
4. During the rest period, will the salary be paid?
Enterprises implement rotation and resumption periods, employees' resumption periods; rest days within the annual adjustment periods of the enterprise, employee rest periods; do enterprises still need to pay wages during these two types of employee rest periods?
① According to my country's working hours and vacation systems, rest days are unpaid.
In my country, the working hours and rest leave system is not subject to salary; if employees rest on the rest day, the company does not pay wages, and if employees work on the rest day, the company pays employees overtime wages according to the double salary standard.
Enterprises implement resumption or comprehensive adjustment and use rest days. During the rest period of employees, the company does not need to pay employees' wages according to the working time system. This is common sense in the field of labor law , and there is no controversy in practice.
However, when the epidemic broke out in 2020, Shanghai's relevant policy calculus (no written documents have been issued so far) stipulates that the delayed resumption of work is in nature a rest day. If the worker rests on the rest day, the enterprise must pay the original salary. If the worker works on the rest day, the enterprise must pay overtime wages according to the standard twice the original salary.
Beijing policy stipulates that employers arrange workers to provide labor in flexible ways such as staggered and flexible working systems, or pay labor remuneration according to the normal attendance of the workers.
The above policy regulations are obviously inconsistent with my country's working time system, subverting the common sense formed in the field of labor law for decades, and setting a precedent for "employees have to rest on rest days, and enterprises have to pay their original wages". This is really a new initiative in the new era, which makes people wonder! Dear workers, the happy moment of getting money even if you lie down!
② Enterprises can provide appropriate protection benefits to employees during rest periods.
If employees who are resting encounter difficulties in life or some employees have a long rest time, the government department guides or advocates that enterprises can provide employees with appropriate guarantee benefits (but not wages in nature), and enterprises fulfill certain social responsibilities. However, it cannot be a mandatory moral kidnapping , and it cannot be considered that it is illegal for enterprises not to pay wages.
If some enterprises pay wages in advance according to the original salary standard during the rest period of employees; from the perspective of equal rights and obligations, after the epidemic is over, the enterprise requires employees to work on the original rest day in the form of " return to shift ", employees generally do not refuse. During the "shift change", it is not illegal for the enterprise to pay wages.
During the epidemic relief period, when the resumption of the year is implemented, the company must first do: standardize according to the law, be fair and reasonable; only employees can achieve: get on and off, be safe.
