The calculation method of duty pay for epidemic situation is: if you are on duty during normal working hours, you can do it according to the wage standard for working at ordinary times; if you work overtime, you should do it according to two or three times; if you work in pneumonia, you should do it according to the labor contract. The wage standard is set by the company, but it cannot be lower than the minimum wage stipulated by local government departments.
According to the notice of the Ministry of Human Resources and Social Security, if an enterprise has difficulties in production and operation due to the epidemic situation, it can stabilize its post 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. Generally speaking, there is a certain difference between "on duty" and "overtime" in the case of 24-hour duty. The usual concept of duty refers to that the employer arranges its personnel to engage in non-production and business work such as guarding the door and answering the phone during non-working hours such as night, rest days and legal holidays for its safety, fire prevention, theft prevention or other reasons to deal with emergencies (such as epidemic situation). At this time, the unit will generally provide accommodation or rest facilities, and employees can rest during this process, so the duty process may not be considered as overtime.
Legal basis:
Article 44 of the Labor Law: "Under any of the following circumstances, the employing unit shall pay the wages higher than the wages of the workers in normal working hours according to the following standards: (1) If the workers are arranged to work longer hours, they shall pay the wages not less than 151% of the wages; (2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 211% of their wages; (3) If workers are arranged to work on legal holidays, they shall be paid no less than 311% of their wages. "