Affected by the epidemic, companies that cannot temporarily pay wages can negotiate an extension
Our reporter (Reporter Pei Longxiang) The reporter learned from the Shanghai Municipal Bureau of Human Resources and Social Security that recently, the bureau studied and issued the "Work Guidelines on Further Maintaining the Harmony and Stability of Current Labor Relations" (hereinafter referred to as the "Work Guidelines"), emphasizing the correct application of infectious disease prevention and control Law, labor contract law and other laws and regulations, as well as relevant national and municipal policy documents, adjust the rights and obligations of both parties in the labor relationship in accordance with laws and regulations.
Regarding issues such as regulating labor and employment and guaranteeing wage payments, the "Work Guidelines" clarifies the application of laws one by one.
Due to the epidemic, enterprises and workers can reasonably extend the time for entering into 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.
If 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 a worker is investigated for criminal responsibility for not cooperating with the government's epidemic prevention measures, the enterprise can terminate the labor contract; if an administrative penalty is imposed, 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 employees to work in an employer that lacks work, the labor relationship between the lending unit and the employee 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 ends, for those who still need to stop working for treatment, the enterprise shall pay the employees wages according to the relevant regulations of the medical treatment period for 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 delay the payment of wages after consultation with the trade union or employee representatives, generally not more than one month.
Pei Longxiang