Legal analysis: affected by the new coronavirus-infected pneumonia epidemic, Beijing requires enterprises to delay the resumption of work, workers delayed to go to work, the conditions of the enterprise also encourages employees to home office, to avoid the gathering of people. Rest during the epidemic in Beijing will not be deducted from wages, and wages will be paid according to the following standards: 1. For patients with new coronavirus-infected pneumonia, suspected patients, close contacts during their isolation and treatment or during medical observation, as well as for workers who are unable to provide normal labor due to the government's imposition of isolation measures or the adoption of other emergency measures, enterprises shall be regarded as providing normal labor and pay the workers' normal working time wages.2. Enterprises If the suspension of work and production is caused by the impact of the epidemic and does not exceed one wage payment cycle (maximum 30 days), wages shall be paid in accordance with normal working hours. More than one wage payment cycle, can be based on the labor provided by the employee, in accordance with the standard of the two sides of the new agreement to pay wages; enterprises did not arrange for employees to work, should be in accordance with not less than the local minimum wage standard to pay the employee's living expenses, living expenses are issued until the enterprise resumption of work, resumption of production, or the termination of the labor relationship.
Legal basis: "The Chinese People's **** and the State Labor Contract Law"
Article 40 In one of the following cases, the employer may terminate the labor contract after giving thirty days' notice in writing to the worker or paying the worker an additional one month's wages: (a) the worker is sick or injured not due to work, and after the expiration of the prescribed medical period, the worker cannot be engaged in the original work, nor can the worker (ii) if the worker is unable to perform the work, and after training or adjustment of the work position, he or she is still unable to perform the work; (iii) if there is a significant change in the objective circumstances under which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the worker fail to reach an agreement to change the contents of the labor contract after negotiation.
Article 41 Where one of the following circumstances exists and there is a need to lay off more than twenty persons or less than twenty persons but more than ten percent of the total number of employees of an enterprise, the employer shall explain the situation to the labor union or all the employees thirty days in advance, and after listening to the opinions of the labor union or the employees, the plan for the layoff of the employees may be made after the plan has been reported to the administrative department of labor. (a) reorganization in accordance with the provisions of the Law on Bankruptcy of Enterprises; (b) serious difficulties in production and operation; (c) the conversion of an enterprise to a new production line, major technological innovation or adjustment of the mode of operation, and the need to reduce the number of personnel after changing the labor contract; and (d) any other significant changes in the objective economic situation on which the labor contract was concluded, rendering it impossible to perform the labor contract. In the event of a reduction of personnel, priority shall be given to retaining the following personnel: (1) those who have entered into a longer-term fixed-term labor contract with the employer; (2) those who have entered into an open-ended labor contract with the employer; and (3) those who have no other employed family members, and those who have elderly people or minors who need to be supported. If an employer reduces its workforce in accordance with the provisions of paragraph 1 of this Article, and re-employs the workforce within six months, it shall notify the workforce of the reduced workforce and give priority to the workforce of the reduced workforce under the same conditions.