(Shanghai War Epidemic Record) Standardize labor employment, guarantee wage payment, and issue "Work Guidelines" to maintain harmonious and stable labor relations
China News Service, Shanghai, April 28 (Reporter Xu Jing) Shanghai Municipal Human Resources and Social Security Bureau issued the "Work Guidelines on Further Maintaining the Harmony and Stability of Current Labor Relations" (hereinafter referred to as "Work Guidelines") on the 28th, aiming at standardizing labor Issues such as employment and guaranteeing wage payments have clarified the application of the law one by one.
The "Work Guidelines" emphasize that under the current situation, to protect the legitimate rights and interests of workers, support the resumption of work and production of enterprises, and maintain the harmony and stability of labor relations, we must adhere to the overall requirements of compliance with laws and regulations, overall planning, balance, precision and stability.
Correctly apply laws and regulations such as the Law on the Prevention and Control of Infectious Diseases and the Labor Contract Law, as well as relevant national and Shanghai policy documents, and adjust the rights and obligations of both parties in the labor relationship in accordance with laws and regulations.
Coordinate the protection of labor rights and the healthy development of enterprises, and advocate extensive consultation between the two sides to overcome difficulties together.
In response to new situations and new problems in the field of labor relations, it is necessary to strengthen analysis, research and judgment, and take prudent measures.
According to the "Work Guidelines", due to the epidemic, enterprises and workers can reasonably extend the time for signing or renewing written labor contracts through negotiation and other means.
Through emails, internal office systems, WeChat groups, etc., the company submits major matters such as suspension of work and production, changes in labor remuneration, adjustment of working methods, working hours, and rotations to labor unions or employee representatives for discussion and soliciting opinions during the epidemic period. is deemed to have fulfilled democratic procedures.
Enterprises can reasonably arrange for workers to work from home or telecommute, and if they cannot make arrangements, they can negotiate preferential use of paid annual leave or company-provided welfare leave.
For patients with new coronary pneumonia, asymptomatic infections, close contacts, and workers who cannot provide normal labor due to the government's implementation of isolation measures or other emergency measures, enterprises shall not terminate their labor contracts.
When the labor contract of the above-mentioned personnel expires, it will be postponed to the expiration of the isolation treatment period, the medical observation period, the isolation period, or the emergency measures taken by the government, except for those who need to stop work and continue treatment.
If the dispatched laborers among the above-mentioned personnel are unable to provide normal labor, the employing unit shall not return them to the labor dispatching unit.
In addition, if the laborer is investigated for criminal responsibility for not cooperating with the government's epidemic prevention measures, the enterprise can terminate the labor contract; if the laborer is subject to administrative punishment, the enterprise can handle it according to the rules and regulations formulated in accordance with the law.
During the epidemic period, if an employer with surplus employees lends its workers to work in a company that lacks work, the labor relationship between the lending unit and the worker will not be changed.
The lending unit and the borrowing unit shall sign an agreement to earnestly perform the obligations of labor remuneration, rest, labor safety protection, etc., and the agreed daily or hourly wage standard shall not be lower than the minimum wage standard.
In terms of salary payment, medical institutions or the government have implemented quarantine measures for patients with new coronary pneumonia, asymptomatic infections, and close contacts in accordance with the law. If workers cannot work normally, the company will pay their wages during the quarantine period according to normal labor.
After the quarantine period is over, if it is still necessary to stop working for treatment, the enterprise shall pay the employee's wages in accordance with the relevant regulations for the medical treatment period of the employee's illness.
If other governments have taken preventive and control measures in accordance with the law, resulting in the closure of enterprises or the inability of workers to return to work, different situations should be distinguished and resolved through consultation as much as possible.
If the enterprise is temporarily unable to pay wages due to the epidemic, it can postpone the payment of wages, generally not more than one month, after consultation with the trade union or employee representatives.
In addition, the "Work Guidelines" also clarified a series of requirements for departments such as human resources and social security to improve working mechanisms such as negotiation and mediation, collaborative services, and early warning and disposal.
It is necessary to not only guarantee the basic living and employment of workers, but also consider the necessary conditions for the survival and development of enterprises, guide both parties to reasonably adjust their expectations, and resolve conflicts through mediation as much as possible.
For enterprises that go bankrupt, close down and lay off employees, we must actively build service platforms such as employment and vocational skills training for workers.
It is necessary to further unblock online and offline reporting and complaint channels and speed up the handling of cases.
For enterprises that resume work and production, it is necessary to strengthen employment guidance, and especially to pay attention to the care and service guarantee for migrant workers.
The "Work Guidelines" also emphasizes that it is necessary to strengthen the coordination and linkage of the city, district, and township levels to consolidate work synergies; to give full play to the functional advantages and tripartite mechanisms of trade unions, enterprise federations, and industry and commerce federations, and to jointly do a good job in supporting enterprises and labor solidarity, guidance and assistance.
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