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. 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.
It is not illegal to delay the payment of wages during the epidemic. If an enterprise cannot pay wages on time temporarily due to difficulties in production and operation, it shall explain the situation to the workers, and may postpone the payment of wages after consultation with the trade union or employee representatives, but the longest time shall not exceed 30 days. In addition, enterprises can also stop production, arrange employees to wait for jobs, and negotiate with employees to sign a waiting agreement. If the enterprise stops production within one month, it shall pay wages according to the original wage standard; If it exceeds one month, at least 70% of the minimum wage in the workplace shall be paid.
legal ground
Article 12 of the Interim Provisions on Wage Payment: If the unit stops work or production within a wage payment period due to reasons other than the employee, the employer shall pay the employee wages according to the standards agreed in the labor contract. If the wage payment period exceeds one period, and the laborer provides normal labor, the labor remuneration paid to the laborer shall not be lower than the local minimum wage standard; If the laborer fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
Notice on Properly Handling the Labor Relations during the Prevention and Control of Pneumonia Infection in novel coronavirus Article 2 If an enterprise has difficulties in production and operation due to the epidemic, it can stabilize its post by adjusting wages, rotating posts and shortening working hours. Through consultation with employees, and try not to lay off employees or minimize them. 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.
Article 40 of the Labor Contract Law stipulates that in 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 50 of the Labor Law shall be paid to the laborer himself on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.