During the labor contract period, will employees be paid when they arrive at their posts every day and say they have done nothing?

In the contract, the salary is set at a very low level (the minimum wage is floating), and then the rest is paid in the name of subsidies, so that the social security accumulation fund can be paid to the company according to the minimum to save money. However, employees have lost a lot both inside and outside. It is not good to talk about pensions far away and the money in medical insurance accounts recently.

legal ground

According to Article 2 of the Notice of the General Office of Ministry of Human Resources and Social Security on Properly Handling Labor Relations during the Prevention and Control of Pneumonia Infection in novel coronavirus (No.5 [2020] of the People's Social Welfare Department): "If an enterprise has difficulties in production and operation due to the epidemic, it can stabilize its post by adjusting wages, taking breaks in rotation and shortening working hours. Negotiate with employees and try not to lay off employees as much as possible. Eligible enterprises can enjoy stable job subsidies according to regulations. If an enterprise stops production within a wage payment period, the enterprise shall pay the wages of its employees according to the standards agreed in the labor contract. If the salary payment period exceeds one, and the laborer provides normal labor, the salary paid by the enterprise to the laborer shall not be lower than the local minimum wage standard. If the laborer fails to provide normal labor, the enterprise shall pay the living expenses, and the living expenses standard shall be implemented in accordance with the measures stipulated by the provinces, autonomous regions and municipalities directly under the Central Government. " Taking Guangdong as an example, the standard of living expenses is paid at 80% of the local minimum wage.

In the face of severe epidemic situation, and the law does not clearly stipulate the waiting period, many enterprises use this as an excuse to make employees look forward to their jobs indefinitely, so as to force employees to leave their jobs on their own and avoid paying economic compensation or compensation. In this case, the workers will be at a great disadvantage. They can only wait at home to receive basic living expenses, and they can't work in other companies at will, which directly affects their family income and faces various pressures such as mortgage and car loan. Therefore, in the face of the company's waiting arrangement, it is suggested to take the initiative to negotiate with the company and request to sign a waiting agreement, and make detailed agreements from the following aspects: the waiting period. Generally, companies are vague about the waiting period, for example, depending on the epidemic situation, so it is obvious that companies are maliciously expecting jobs indefinitely. Therefore, it is necessary to decisively point out the irrationality of the agreement and ask the company to specify the specific waiting period. Waiting for treatment. The treatment of the waiting period should also be clearly agreed. Take Guangdong as an example. During the waiting period, the company should pay employees at least 80% of the basic living expenses of the local minimum wage. Conditions for returning to work. When the company signed a waiting agreement with employees, it agreed on the conditions for returning to work. After the company meets the conditions for returning to work, employees can arrange to return to work according to the agreement to avoid the company's indefinite extension of work.

If the company is unwilling to sign a waiting agreement with employees and wants to arrange waiting for jobs, employees can ask the unit to dissolve their labor relationship due to the change of situation and pay economic compensation according to the third paragraph of Article 40 of the Labor Contract Law, which is commonly referred to as "N+ 1" compensation. If the employer dissolves or terminates the labor contract in violation of the law, it shall pay compensation to the laborer at twice the economic compensation standard.