1. What is the salary payment standard during the epidemic period
According to the Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling the Labor Relations during the Prevention and Control of Pneumonia Infected in novel coronavirus, the enterprise shall pay the employees of enterprises who are infected with pneumonia in novel coronavirus during their isolation treatment or medical observation, and who are unable to provide normal work due to the government's isolation measures or other emergency measures, and shall not rely on it.
if the enterprise stops production within a wage payment period, the enterprise shall pay the wages of its employees according to the standards stipulated in the labor contract. If the salary payment period exceeds one, if the employee provides normal labor, the salary paid by the enterprise to the employee shall not be lower than the local minimum wage standard. If the employees fail to provide normal labor, the enterprise shall pay 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 44 of the Labor Law of the People's Republic of China
Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during normal working hours according to the following standards:
(1) If the workers are arranged to work longer hours, they shall pay wages not less than 151% of the wages;
(2) If workers are arranged to work on rest days but cannot be arranged to take compensatory time off, they shall be paid no less than 211% of their wages;
(3) If workers are arranged to work on legal holidays, they shall be paid not less than 311% of their wages.
II. Legal Provisions
Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations during the Prevention and Control of Pneumonia Infected in novel coronavirus
In order to do a good job in the prevention and control of pneumonia infected in novel coronavirus, properly handle the labor relations during the prevention and control of the epidemic, safeguard the legitimate rights and interests of employees, ensure the normal production and operation order of enterprises, and promote the harmony and stability of labor relations, The relevant issues are hereby notified as follows:
For the employees of enterprises who are unable to provide normal labor during the isolation treatment or medical observation period of pneumonia patients, suspected patients and close contacts infected in novel coronavirus, and due to the isolation measures or other emergency measures taken by the government, the enterprise shall pay the employees remuneration during this period, and shall not terminate the labor contract with the employees according to Articles 41 and 41 of the Labor Contract Law. During this period, if the labor contract expires, it shall be postponed to the expiration of medical treatment period, medical observation period, isolation period or emergency measures taken by the government.
if the production and operation of an enterprise are difficult due to the epidemic situation, it can stabilize the job position by adjusting salary, taking turns and taking breaks, shortening working hours, etc. through consultation with employees, and try not to lay off employees or reduce them as much as possible. Eligible enterprises can enjoy stable post subsidies according to regulations. If the enterprise stops production within a wage payment period, the enterprise shall pay the wages of its employees according to the standards stipulated in the labor contract. If the salary payment period exceeds one, if the employee provides normal labor, the salary paid by the enterprise to the employee shall not be lower than the local minimum wage standard. If the employees fail to provide normal labor, the enterprise shall pay 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 the parties concerned cannot apply for arbitration of labor and personnel disputes within the statutory time limit due to the epidemic, the time limit for arbitration shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. Due to the epidemic situation, it is difficult for labor and personnel dispute arbitration institutions to hear cases within the statutory time limit, and the time limit for hearing can be extended accordingly.
local human resources and social security departments should strengthen labor employment guidance and services for enterprises affected by the epidemic, strengthen labor security supervision and law enforcement, and effectively protect the legitimate rights and interests of employees.