Wage standard for enterprises to stop or stop production due to epidemic situation:
(1) During a salary payment period, the employee's salary shall be paid according to the standard agreed in the labor contract.
(2) If the salary payment period exceeds one period and the employees provide normal labor, the salary paid by the enterprise to the employees shall not be lower than the local minimum wage standard.
(3) If the salary payment period exceeds one period, and the employee fails to provide normal labor, the enterprise shall pay the living expenses, and the living expenses standard shall be implemented according to the measures stipulated by provinces, autonomous regions and municipalities directly under the Central Government.
Legal basis:
Notice of the General Office of Ministry of Human Resources and Social Security on Properly Handling Labor Relations during the Prevention and Control of Pneumonia Infection in novel coronavirus
1. If the patients, suspected patients and close contacts infected with pneumonia in novel coronavirus are unable to provide normal labor for the employees of the enterprise during isolation treatment or medical observation, or because the government adopts isolation measures or other emergency measures, the enterprise shall pay the employees labor remuneration during this period, and shall not terminate the labor contract with the employees according to the provisions of Articles 40 and 41 of the Labor Contract Law. During this period, if the labor contract expires, it shall be postponed to the medical treatment period, medical observation period, isolation period or the expiration of emergency measures taken by the government.
Second, if enterprises encounter difficulties in production and operation due to the epidemic, they can stabilize their jobs through salary adjustment, rotation and shortening working hours. Through consultation with employees, and try not to lay off employees or less. Eligible enterprises can enjoy stable job subsidies according to regulations. If an enterprise stops production within a wage payment period, 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 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.
People's Republic of China (PRC) Labor Contract Law (amended on 20 12)
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
Article 41 Under any of the following circumstances, if it is necessary to reduce more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit may reduce employees after explaining the situation to the trade union or all employees 30 days in advance and listening to the opinions of the trade union or employees.
(1) Conforming to the provisions of the Enterprise Bankruptcy Law;
(two) serious difficulties in production and operation;
(three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract;
(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract.
When reducing personnel, priority should be given to retaining the following personnel:
(1) Concluding a long-term fixed-term labor contract with the unit;
(2) Concluding an open-ended labor contract with the unit;
(3) there are no other employees in the family, and there are elderly people or minors who need to support them.
If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.