The maximum magnitude 17 super typhoon "Lekima" has caused disasters to many areas. In recent years, earthquakes, typhoons, floods and other disasters have occurred more and more. These natural disasters not only pose a threat to the safety of people in the affected areas, but some affected areas will inevitably stop work, production and business to protect the personal safety of staff. It will also cause huge losses to property, and economic losses are inevitable for both workers and employers.
In addition to the necessary staff on duty in disaster radiation areas, employers shall arrange 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, and provide necessary risk avoidance measures for on-duty staff and staff stranded in the unit due to weather reasons.
If the local government stipulates the time for suspension of work, the enterprise must stop work as required, postpone work or get off work early, until the government cancels the suspension order.
The suspension of work and business caused by natural disasters is not the reason for workers and employers. Do employers need to pay workers’ wages? What is the salary payment standard?
Are employees considered paid leave during the shutdown?
Paid leave usually refers to paid annual leave. There is a fundamental difference between work suspension wages and paid leave wages, and the payment standards are also different.
Article 12 of the Interim Provisions on Wage Payment If the unit suspends work or production due to reasons not due to workers, the employer shall pay the worker's wages according to the standards stipulated in labor contract . If the wage payment cycle exceeds one wage payment cycle, if the worker provides normal labor, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; if the worker does not provide normal labor, it shall be handled in accordance with relevant national regulations.
The salary for paid leave is paid based on the daily wage except for overtime pay. The suspension of work and business caused by natural disasters should fall under the above clause "unless the work or production of the unit caused by workers' reasons" and should be implemented in accordance with the above provisions.
If there are clear provisions on this situation in the local terms, payment shall be made in accordance with the local regulations.
Can the company forcefully arrange paid annual leave for employees during the suspension of work?
Article 5, Paragraph 1 of the "Regulations on Paid Annual Leave of Employees" The unit coordinates the annual leave of employees based on the specific situation of production and work, and considers the wishes of employees.
From this we can see that annual leave is arranged by the employer based on production and operation conditions, but the employee's own wishes must also be considered. Due to natural disasters, the employer can arrange for employees to take paid annual leave during the suspension of work, but this is actually harmful to the interests of employees and must obtain the consent of the employees.
The company forcibly offset the annual leave of employees during the shutdown period, and there is no legal basis.
Can the company regard the shutdown period as a rest adjustment?
The Labor Law stipulates that if workers are arranged to work overtime on rest days, the employer may arrange for workers to adjust their leave. So can the suspension period be considered as a rest adjustment, and the suspension wage is not paid, and it is used as a rest adjustment, which can be used as a rest adjustment for employees to make up for the previous rest day or the rest day after the resumption of work?
Obviously, it is not possible. The rest room corresponds to overtime work on holidays. Although the employees do not provide normal labor, this situation is that the inability to provide labor caused by natural disasters, which is essentially different from the rest day. Similarly, those who must stay at work during the shutdown cannot be considered as overtime work on rest days.
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