Shulou(Shulou.com)06/02 Report--

The first part of formal resumption of work-response during the delayed resumption of work

1. The employer shall draft the documents on the delay of returning to work in time and notify the employees.

After the General Office of the State Council issued a notice to extend the Spring Festival holiday, local governments in many provinces and cities have issued notices on delaying the resumption of work and the opening of schools.

Accordingly, the employer shall also notify the employees of the specific arrangements for the delay in returning to work in a timely manner. It is recommended to draft a formal document on the delay and obtain a written reply that the employee has been notified so that the employee can be prepared for the resumption of work.

two。 Delay the payment of wages during the period of resumption of work

Having just experienced the "extension of the Spring Festival holiday" and the "delay in returning to work", many HR said they were a little confused.

Let's just say a few more words here. The extended holiday period of the Spring Festival is not a legal holiday. According to the measures for National Holidays and Remembrance days, only the first three days of the first lunar month to the third day of the lunar new year are legal holidays, and the other days of holiday are rest days. Secondly, this extended holiday is not a rest day under the Labor Law. Therefore, this extended holiday is a special paid holiday.

On the other hand, there is a different understanding of the legal nature of the delay in returning to work. For example, in its authoritative answer to the question of delayed return to work on January 28, the Shanghai Municipal Bureau of people and Social Affairs clearly pointed out: "the delay in returning to work is due to the need for epidemic prevention and control. These days are rest days. For the rest of the staff and workers, the enterprise should pay wages according to the standards agreed in the labor contract; for the enterprise staff and workers who undertake security and other tasks to work, they should be given overtime rest as rest days or pay overtime pay according to regulations. In popular terms, it is twice the salary. In most areas, the nature of the delayed return to work period is not clearly stated, but it can be seen from the relevant notice documents issued by the Bureau of Human Resources and Social Affairs in some areas that the delayed return to work period is not defined as a rest day in these areas. then there is no need to pay overtime pay for arranging employees to work normally during this period.

We tend to think that the notices of local governments belong to the emergency measures taken in accordance with the Law on Emergency response and the Law on Prevention and treatment of Infectious Diseases, which specifically belong to "suspension of work and business". Therefore, in the absence of a clear explanation, it is in line with the law to delay the resumption of work in accordance with the suspension of work or business.

So how should wages be paid in case of suspension of work or business as a result of the epidemic?

We take Jilin Province as an example, according to the "measures for wage payment of Enterprises in Jilin Province", if the enterprise stops work or production for reasons not due to the labourers themselves, and does not exceed a wage payment cycle, the enterprise shall pay labourers' wages in accordance with the labor contract, including hourly wages, piece wages, bonuses, allowances and subsidies, wages for extending working hours and wages paid under special circumstances.

In general, a wage payment cycle is one month, that is to say, if an enterprise stops work and production for less than one month due to this epidemic, it should pay wages normally in accordance with the labor contract. If there is more than one wage payment cycle, if the worker provides normal labor, the enterprise shall pay wages not lower than the local minimum wage; if the worker does not provide normal labor, the enterprise shall pay wages in accordance with more than 70% of the local minimum wage, the actual amount of payment shall not be lower than the local minimum living security standards. For example, in the urban area of Changchun, the minimum wage is now 1780 yuan / month.

Formal resumption of work

All right, the extension notice has been issued, the problem of wage calculation during the postponement and resumption of work has also been solved, and the resumption day is approaching, we suggest that enterprises should also be prepared for the following "one day, four special":

Do a good job in the daily management of workers' epidemic prevention and control after returning to work

The epidemic prevention and control management system is issued, requiring employees to take temperature measurements before entering the work area or taking a shuttle bus, and to wear masks throughout the day. For employees whose body temperature is higher than the standard, the unit can fully explain the reasons to the employees and require them to go home for self-isolation or go to the hospital for further examination, so for those employees who are temporarily unable to return to work, the enterprise can first coordinate the workers to take paid annual leave.

Special case 1: due to medical isolation and observation, workers can not return to work normally.

Article 49 of the measures for the implementation of the Law on the Prevention and treatment of Infectious Diseases stipulates: "after close contact with a suspected patient or pathogen carrier of a Class An infectious disease, after being excluded as a patient or pathogen carrier through retention and examination, the wages and benefits during the period of detention shall be issued by the subordinate unit according to attendance." Therefore, even if the date of return to work has passed, employees who cannot return to work normally due to medical isolation observation, the employing unit shall be treated according to normal attendance and return to work again at the end of the isolation period; if it is confirmed that COVID-19 is infected, shall enjoy the corresponding treatment in accordance with the relevant provisions such as the "provisions on the Medical period for sick or non-work-related injuries of Enterprise employees".

Special case 2: due to self-isolation, workers can not return to work normally.

According to the notice on the requirements of the Office of the leading Group for the Prevention and Control of pneumonia infected by novel coronavirus in Jilin Province on the Prevention and Control of novel coronavirus's Prevention and Control work after the Spring Festival Holiday, all people who return to Jilin from other places will be quarantined at home for 14 days from the date of arrival in Jilin.

Therefore, it is possible that the delayed resumption period required by the notice has passed, but the returnees from other places are in the period of self-isolation. For such workers, the employing unit may arrange for the labourers to work at home, and in the case of full-time work at home, the employing unit shall pay full-time normal working hours wages.

If the labourers cannot be arranged to work from home, priority shall be given to coordinating the labourers to take paid annual leave. After the paid annual leave has been consumed, an application for personal leave shall be submitted in accordance with the relevant personnel system of the unit, and wages shall be paid in accordance with the system of personal leave. After the end of the self-isolation period, go to the office to engage in normal work.

Special case 3: workers do not return to work for a long time because of concerns about their own health

This situation is not a requirement of the government for epidemic prevention and control. If the employee still does not return to work for a long time after the consumption of paid annual leave, the employer shall have the right to decide whether to approve the employee to continue to ask for personal leave according to the actual situation. For employees who do not provide labor for a long time, the enterprise may consider rescinding the labor contract with them in accordance with the rules and regulations of the enterprise.

Special case 4: due to the impact of the epidemic, enterprises can not resume normal production in a short period of time.

According to the Circular of the General Office of the Ministry of Human Resources and Social Security on properly handling labor relations during the prevention and control of the pneumonia epidemic infected by novel coronavirus, enterprises that are affected by the epidemic have difficulties in production and operation, they can stabilize their jobs by means of salary adjustment, rotation, and shortening of working hours through consultation with employees, and try not to lay off staff or reduce layoffs as far as possible. As for the issue of wage payment, you can refer to the previous section on "how to pay wages in the case of suspension of work and business due to the epidemic".

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