Yesterday's typhoon " Tiange " popped up the circle of friends. "Tiange" is not only powerful, but also takes a path that poses the greatest threat to Pearl River Delta urban agglomeration ! All cities that are severely affected have issued notices of shutdowns on work, business and market suspension. So, will the company need to pay wages during the holidays received due to the typhoon? Can employees be asked to make up for their shifts?
The two text messages sent by the Shenzhen Municipal Government have different requirements for holidays. With these two different requirements, companies will also have different arrangements for holidays. Whether they need to pay wages and make up for the shifts are also different.
The first text message is that the employer suspends work depending on the situation
If the Shenzhen Municipal Government only sends the first text message, then vacation is not necessary. The employer can take a vacation or not.
Notify employees that the company that is on holiday may not pay wages during the holiday or require employees to make up for work, but it is necessary to inform employees when the holiday is notified, and employees also have the right to refuse to take the holiday. Of course, many companies are also very humane, and most of the holidays they take will be paid in this case.
If a company does not notify the holiday, employees cannot apply for holiday on the grounds of typhoon weather. If you request leave due to inconvenience in work, you should apply for leave according to the unit's leave application system. In principle, when taking leave in typhoon weather is casual leave, employees can apply for casual leave or annual leave. If the employee does not ask for leave, then I'm sorry, this is absent from work.
The second text message is a holiday notice issued by the whole city to implement suspension of classes, work, business and market
. Enterprises must arrange holidays, which are deemed as workers providing normal labor and paying their wages, and employees should not be required to make up for shifts. Although
does not have legal provisions, many cities that are susceptible to extreme weather have issued the " Wage Payment Regulations " or "Protective Measures for Special Weather Labor". For example:
"Guangdong Province Wage Payment Regulations" (draft of opinion) proposes: During the period when typhoon yellow, orange, red or heavy rain red warning signal is in effect, if the employer arranges staff to postpone work, get off work early or stop work according to the work location, nature of the work, disaster prevention and avoidance needs, etc., they shall pay the normal working hours of wages.
China's first local regulations on labor protection for special weather, "Ningbo City Special Weather Labor Protection Measures" (implemented on May 1, 2015) also stipulates that if work is stopped and working hours are shortened under the red warning signal, the employer shall deem the worker to provide normal labor and pay his wages.
In this case, the holiday is equivalent to a normal rest day. The employer must arrange for employees to take holidays except for necessary positions and pay wages according to normal working hours. If the unit still arranges employees to work, overtime wages should be paid to the employees.
Wuyou Elite Network also reminds everyone that traveling on typhoons will increase the risk. If an accident occurs while commuting, even if it cannot constitute an industrial injury (motor vehicle accidents that are not the main responsibility of me during commuting and going out will be an industrial injury), the unit will still bear the responsibility for non-work casualties in accordance with the law.
Many companies will flexibly arrange their employees' working hours when encountering bad weather, which on the one hand shows that the company cares about employees. On the other hand, it also protects employees from harm and reduces the risks of the company.
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