The calculation method of holidays during the epidemic period is that the first three days are legal holidays, and the extended holidays in the State Council belong to rest days. The State Council stipulates that you can go to work normally after February 3, but most provinces extend the holiday to February 9, so according to the regulations of local government departments, the holiday from the third day to February 9 is a rest day.

First, how to calculate the epidemic holiday according to the regulations?

Because the holiday for epidemic prevention and control is regarded as a rest day, the "legal" holiday in China is 1 1 day, of which the legal holiday for the Spring Festival is 3 days. Considering the domestic epidemic situation, the General Office of the State Council extended the holiday for the Spring Festival in 2020, which is not a legal holiday. The holidays that local governments need to extend based on epidemic prevention and control are rest days, not legal holidays.

Employers who delay going to work can use annual leave to offset it, which means that employees may not be able to take annual leave later.

If employees affected by the epidemic can't go to work on time, or enterprises can't start production, we should guide enterprises to actively communicate with employees. Conditional enterprises can arrange employees to work at home through flexible working methods such as telephone and internet to complete work tasks; For enterprises that do not have telecommuting conditions, negotiate with employees to give priority to the use of paid annual leave and welfare leave set by enterprises.

Second, how should wages be calculated during the epidemic?

All provinces and cities have introduced relevant policies, and each province and city is different. Take Chongqing as an example:

1. Enterprises without normal labor force shall pay the living expenses. If the enterprise stops production due to the novel coronavirus epidemic and the employees do not provide normal labor, the enterprise shall pay the living expenses, and the standard of living expenses shall not be lower than 70% of the monthly minimum wage of the employees in the place where the labor contract is performed.

2. The standard of living expenses shall not be less than 70% of the monthly minimum wage of employees in the place where the labor contract is performed. When forwarding the notice, the Municipal Human Resources and Social Security Bureau also made it clear that the standard of living expenses is not less than 70% of the monthly minimum wage of employees in the place where the labor contract is performed. The human resources and social security bureaus of all districts and counties (autonomous counties) should combine the requirements of the current epidemic prevention and control work, strengthen the labor and employment guidance for enterprises affected by the epidemic, effectively protect the legitimate rights and interests of employees, and ensure that all policies and measures are put in place.

3. How to calculate overtime pay during the epidemic?

Article 44 of the Labor Law stipulates that the standard for paying overtime wages is: if the laborer is arranged to extend the time, he shall pay no less than one hundred and fifty% of the salary; If workers are arranged to work on rest days but cannot be arranged for compensatory rest, they shall be paid no less than 200% of their wages; If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.

At present, most provinces have made timely announcements on the issue of salary payment during the epidemic, but each province has its own policies on the calculation of holidays during the epidemic. Because some enterprises have officially resumed work, but the way employees go to work is to work directly from home. In some places, enterprises may have to wait until April to resume work.