(two) the employer may suspend the payment of wages to workers after obtaining the consent of the trade union because of the difficulties in production and operation and the impact of capital turnover. The longest extension period can be determined by the labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government according to local conditions. In other cases, wage arrears are unreasonable. Therefore, if the enterprise has difficulties in production and operation due to the epidemic and its capital turnover is affected, it can postpone the payment of wages after fulfilling the corresponding procedures. During the period of epidemic prevention and control, it is reasonable for enterprises to delay the payment of wages, but the delay in payment of wages generally cannot exceed one wage payment cycle, and should be handled through consultation with the labor department.
Because it is not normal caused by the epidemic, if wages are paid, it is not a breach of contract stipulated in our labor contract law, and it is a force majeure, so it does not constitute a failure to pay labor remuneration in time. Due to the need of epidemic prevention and control, the State Council issued a special document to extend the three-day Spring Festival holiday, and some places explicitly requested to postpone the resumption of work, which may cause some units to fail to pay wages during this period, thus missing the due date of wages and delaying the payment of wages.
However, after the delay, the employer must pay the full wages of the workers. If the employer delays the payment of wages to the workers without justifiable reasons and fails to pay the wages on time after the protests by the workers, the workers may complain to the labor inspection department. If the complaint is not properly handled, the employee may directly apply to the local labor administrative department for labor arbitration. In addition, according to the relevant provisions of China's Labor Contract Law, if the employer fails to pay the labor remuneration in full and on time, the employee may terminate the labor contract on this ground, and the employer shall pay the corresponding economic compensation to the employee.
Legal basis:
Interim provisions on wage payment
Article 12 and the Notice of the General Office of Ministry of Human Resources and Social Security on the Work of Labor Relations during the Prevention and Control of novel coronavirus stipulate that if an enterprise stops production during the wage payment period, it shall pay its employees wages according to the standards agreed in the labor contract.
Eighteenth labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may order it to pay compensation:
(1) Deducting or delaying the wages of workers without reason;
(2) refusing to pay overtime wages to laborers;
(3) paying workers' wages below the local minimum wage standard. The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state. Article 19 In case of a labor dispute between a laborer and an employer due to the payment of wages, the parties concerned may apply to a labor dispute arbitration institution for arbitration according to law. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court.
Seventh wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Wages are paid at least once a month. If the weekly, daily and hourly wage system is implemented, wages can be paid by the week, day and hour.
labour law
Article 50 Wages shall be paid to labourers themselves on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.