1. Is it paid to stay at home during the epidemic?
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 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.
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.
2. What are the penalties for enterprises that return to work during the epidemic in arrears with employees' wages?
Article 85 of the Labor Contract Law stipulates that in any of the following circumstances, the labor administrative department shall order the employer 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 workers' 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.
Article 276 of China's criminal law stipulates: evading payment of labor remuneration by transferring property, hiding and other methods. Or those who have the ability to pay but fail to pay the laborers' labor remuneration, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
In our real life, it is entirely possible that people can't go to work normally because of unexpected reasons such as epidemic situation. Therefore, in this case, our national laws have also taken into account. For example, Article 4 1 of the Law on the Prevention and Control of Infectious Diseases clearly stipulates that if an isolated person has a work unit, he cannot stop paying wages. That's all I made up.