Now working from home means that if you send you a WeChat message regardless of whether you are in the unit or not, you will immediately start to get rid of those things, but the overtime pay is out of reach.


  If we continue to work from home like this, there may also be salary adjustments.


  Many industries rely on commissions. At least in some industries, I feel that (salary) can shrink by more than 50%, and 50% to 80% is possible.


  Because of the current epidemic, all industrial companies are not doing well. Then I read news that many companies are laying off employees, and many Internet companies are laying off employees, so I am very worried.

  [Explanation] Due to the impact of the epidemic, many areas in Beijing have implemented home office.

Working from home can save you commuting time and get more time for yourself.

But at the same time, many people said that after working from home, some problems gradually emerged.

The reporter collected some common confusions and asked a lawyer to answer them.

  [Subtitles] What should I do if my salary shrinks during working from home?

  [Concurrent] Han Xiao, lawyer of Beijing Kangda Law Firm

  In addition to reducing labor remuneration through negotiation, in principle, if employees are arranged to work from home or work flexibly, it should generally be regarded as providing normal attendance and not reducing wages.

In the case that the enterprise needs to suspend production and production, it should also pay the employees a salary according to the normal working standard.

For example, if a minimum job is provided, generally speaking, it should be paid for the work, and the salary paid at the same time shall not be lower than the local minimum wage standard. If there is no job provided, the enterprise should also pay a normal living allowance.

Therefore, it is illegal to not issue or to deduct this kind of behavior. You can apply to the relevant labor inspection agency to report it, or you can file a complaint with the labor union, or you can apply for labor arbitration to the labor arbitration agency.

While we are considerate of employees, we must also fully consider the risks of the employer. If we do not start work, we will have no income. If there is no income, it is unreasonable for him to pay all wages.

  [Subtitles] How to deal with layoffs during the epidemic?

  [Concurrent] Han Xiao, lawyer of Beijing Kangda Law Firm

  First, workers must keep relevant evidence, and at the same time, they can report to the labor inspection department, or ask the trade union to come forward to defend their rights, or they can apply for labor arbitration.

Especially for those related to the new crown, there are many aspects to protect the rights of enterprises, including the Lawyers Association or the Bureau of Justice has a platform for free consultation, and workers can consult according to this.

  [Subtitles] Should companies pay overtime if they work overtime while at home?

  [Concurrent] Han Xiao, lawyer of Beijing Kangda Law Firm

  This is actually a point of contention, mainly because of the difficulty of proving, because how can you prove that you have been working overtime in front of the computer.

If the employer strictly requires the laborer to work in an independent space and work according to the standard hours, if it exceeds the time limit, it must be generally regarded as overtime, and the employer must pay the laborer the corresponding fee. We also hope that the laborer will also give full consideration to it. One of the difficulties of the enterprise, if it is really said that everyone will tide over the difficulties together and drive this thing out, everyone may be happy.

  [Explanation] A few days ago, Beijing issued four management requirements for regulating home office, requiring proper resolution of working hours, labor remuneration, rest and vacation and other related issues.

If you encounter such problems, you can call 12333 for consultation or complaint.

  Reported by Wang Shibo and Dong Yufei from Beijing

Responsible editor: [Sun Jingbo]