According to the law, if an enterprise stops production during the wage payment period, it shall pay the employees wages according to the standards stipulated in the labor contract. If the salary payment period exceeds one, and the laborer provides normal labor, the salary paid by the enterprise to the laborer shall not be lower than the local minimum wage standard. If the employees fail to provide normal labor, the enterprise shall pay the living expenses, and the standard of living expenses shall be implemented in accordance with the measures stipulated by the provinces, autonomous regions and municipalities directly under the Central Government.
If an enterprise encounters difficulties because the epidemic situation affects its production and operation, it can stabilize its jobs by means of salary adjustment, rotation and shortening working hours. Through consultation with employees, and try not to lay off employees or minimize them.
How to pay wages during isolation and medical observation?
According to the second paragraph of Article 41 of the Law on the Prevention and Control of Infectious Diseases, during the period of isolation, the people's government that implements isolation measures shall provide living security for the isolated personnel; If the isolated person has a work unit, his work unit will not stop paying his remuneration during the isolation period, and his wages will be paid by his subordinate enterprises according to the wages during the normal working period. Therefore, during the period of isolated medical observation, the employer shall pay wages according to the normal working period.
During the epidemic period, if the enterprise stops production within a salary payment period after the unit has notified a holiday, the enterprise shall pay the wages of its employees according to the standards agreed in the labor contract. If the salary payment period exceeds one, and the laborer provides normal labor, the salary paid by the enterprise to the laborer shall not be lower than the local minimum wage standard. If the employees fail to provide normal labor, the enterprise shall pay the living expenses, and the living expenses standard shall be implemented in accordance with the relevant local regulations.
For employees of enterprises infected with pneumonia, suspected patients in novel coronavirus and close contacts during isolation treatment or medical observation, if they cannot provide normal labor due to other emergency measures, the enterprise shall regard it as providing normal labor and paying corresponding labor remuneration, and shall not terminate the labor contract with employees according to the provisions of Articles 40 and 41 of the Labor Contract Law. Emergency measures such as isolation treatment and medical observation are not included in the medical treatment period. During this period, if the labor contract expires, it will be postponed until the expiration of medical observation, isolation or emergency measures taken by the government.
For employees who fail to return to Fujian in time due to the epidemic, the enterprise can give priority to employees' paid annual leave after consultation with employees. The salary of employees during paid annual leave shall be implemented in accordance with relevant regulations.
Enterprises affected by the epidemic situation, resulting in difficulties in production and operation, can be through the association with workers.
Legal basis: According to the Labor Contract Law of People's Republic of China (PRC).
Article 85 In any of the following circumstances, the employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the employee according to the standard of more than 50% 100% of the payable amount:
(1) Failing to pay laborers' labor remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(2) Paying workers' wages below the local minimum wage standard;
(3) Arranging overtime without paying overtime;
(four) the dissolution or termination of the labor contract, not in accordance with the provisions of this law to pay economic compensation to the workers.