Take multiple measures at the same time! Four departments including the Ministry of Human Resources and Social Security issued a document to reduce employment pressure and encourage flexible employmen

Take multiple measures at the same time! Four departments including the Ministry of Human Resources and Social Security issued a document to reduce employment pressure and encourage flexible employment

Ministry of Human Resources and Social Security, All-China Federation of Trade Unions, Chinese Enterprise Confederation/China Entrepreneurs Association, All-China Federation of Industry and Commerce?

About stabilizing labor relations during the prevention and control of the new coronavirus infection pneumonia epidemic Opinions on supporting the resumption of work and production of enterprises

The Human Resources and Social Security Departments (Bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, the Federation of Trade Unions, Enterprise Confederations/Entrepreneurs Associations, and the Federation of Industry and Commerce:

In order to implement the decisions and arrangements of the Party Central Committee on the prevention and control of the new coronavirus infection pneumonia epidemic, actively play the important role of enterprises and employees in epidemic prevention and control, fully support the resumption of work and production of enterprises and stabilize labor relations, mobilize the general public Employees have worked together to overcome the current difficulties. We now offer the following opinions on stabilizing labor relations and supporting enterprises in resuming work and production during the epidemic prevention and control period.

1. Attach great importance to the new challenges brought by the epidemic to the field of labor relations

Recently, affected by the novel coronavirus pneumonia epidemic, the field of labor relations is facing new situations and new problems. Enterprises in some industries are facing greater pressure on production and operations, and workers are facing risks such as being laid off, unemployed, and losing income. The instability of labor relations has increased, and labor relations conflicts have gradually become more prominent. At present, the prevention and control of the new coronavirus infection pneumonia epidemic is at a critical stage. We must resolutely implement the decisions and arrangements of the Party Central Committee, attach great importance to the outstanding problems that have arisen in the operation of labor relations in the current special period, strengthen the monitoring and research and judgment of labor relations risks, and guide enterprises and employees to **Take responsibility*** to overcome difficulties. It is necessary to give full play to the unique role of the tripartite mechanism in safeguarding enterprises, employment and stability, conduct an in-depth analysis of the current labor relations situation, help enterprises formulate measures to resume work and production based on actual conditions, unite all parties to act together, and increase the response to Guidance services for the handling of enterprise labor relations during special periods to ensure overall harmony and stability of labor relations.

2. Flexibly handle labor and employment issues during the epidemic prevention and control period

(1) Encourage consultation to resolve employment issues before resuming work. For employees who are unable to report to work as scheduled or the company cannot start production due to the epidemic, companies must be guided to proactively communicate with employees. Companies with conditions can arrange for employees to work from home through flexible working methods such as telephone and the Internet to complete work tasks; for those who do not have the qualifications, Companies with remote working conditions will negotiate with employees to give priority to paid annual leave, company-created welfare leave and other types of leave. It is necessary to guide enterprise trade unions to actively mobilize employees and enterprises to fight the economy together, and help enterprises minimize losses caused by the impact of the epidemic on the basis of taking into account the legitimate rights and interests of both enterprises and workers.

(2) Encourage flexible arrangement of working hours. During the epidemic prevention and control period, in order to reduce the gathering of people, enterprises that meet the regulations and resume work should be encouraged to implement flexible employment measures, and negotiate with employees to flexibly arrange working hours through staggered commuting and flexible commuting. For enterprises that need to work overtime urgently to undertake the government's epidemic prevention and control tasks, on the premise of ensuring the health and labor safety of workers, enterprises are guided to negotiate with labor unions and employees to appropriately extend working hours to cope with emergency production tasks, and are not subject to extension of work in accordance with the law. time constraints.

(3) Guide and standardize employment management. During the epidemic prevention and control period, enterprises must be guided to fully understand the situation of employees being quarantined or emergency measures adopted by the government, and enterprises are required not to terminate labor contracts or return dispatched workers who are unable to provide normal labor due to relevant measures during this period. For enterprises that meet the regulations and resume work, they must be guided to provide necessary epidemic prevention and labor protection measures, and actively mobilize employees to return to work. For employees who are unwilling to return to work, the enterprise trade union must be guided to promptly publicize the requirements of epidemic prevention and control policies and the importance of the enterprise's resumption of work, and actively persuade employees to return to work in a timely manner. For those who refuse to return to work after being persuaded to no avail or who refuse to return to work for other unjustifiable reasons, the company will be guided to deal with them in accordance with the law. Enterprises are encouraged to actively explore ways and methods to stabilize labor relations. For enterprises that still need to lay off employees after taking corresponding measures, they must be guided to formulate layoff plans, perform relevant procedures in accordance with the law, properly handle labor relations, and maintain the normal production and operation order of the enterprise. 3. Negotiate and resolve the issue of wages and benefits during the epidemic prevention and control period

(4) Support the negotiation of wages and benefits during the period before returning to work.

During the period of delayed resumption of work or failure to return to work due to the impact of the epidemic, for employees who are still unable to provide normal labor after using various vacations or who are otherwise unable to provide normal labor, enterprises are guided to negotiate with employees in accordance with the relevant national regulations on wage payment during suspension and production suspension. Within one wage payment cycle, wages will be paid in accordance with the standards stipulated in the labor contract; if more than one wage payment cycle is exceeded, living allowances will be paid in accordance with relevant regulations.

(5) Support enterprises in difficulty to negotiate wages. For enterprises that have difficulties in production and operation due to the impact of the epidemic, enterprises are encouraged to negotiate with employees through consultative democratic procedures to stabilize jobs by adjusting salaries, rotating work and holidays, shortening working hours, etc.; for those who are temporarily unable to pay wages, guide enterprises to negotiate with labor unions or Employee representatives negotiate for deferred payments to help companies reduce capital turnover pressure.

(6) Protect employees’ rights and interests in wages and benefits. For employees who are unable to provide normal labor due to being quarantined in accordance with the law, enterprises must be guided to pay them wages according to normal labor; after the quarantine period is over, employees who still need to stop working for treatment shall be paid wages according to relevant regulations during the medical period. For employees who cannot take vacation due to epidemic prevention and control during the extended Spring Festival holiday, companies are guided to arrange compensatory leave first. For those who cannot arrange compensatory leave, overtime wages shall be paid in accordance with the law.

4. Take various measures to reduce the burden on enterprises

(7) Help enterprises reduce recruitment costs. It is necessary to increase the intensity of online recruitment services, create an online spring breeze operation, vigorously promote remote interviews, and increase the rate of direct "point-to-point" connection between recruiting companies and workers. Standardize human resources service charges and resolutely crack down on malicious efforts to drive up labor prices. For enterprises with large labor shortages affected by the epidemic or enterprises that undertake government support tasks, human resources service agencies are encouraged to provide recruitment services with reduced fees.

(8) Reasonably share the cost of stabilizing employment of enterprises. Make good use of the unemployment insurance stabilization and return policy. For small, medium and micro enterprises that have no or few layoffs due to the epidemic, the layoff rate standards can be relaxed, allowing more companies to benefit. Make good use of the training fee subsidy policy. Enterprises affected by the epidemic, while ensuring epidemic prevention safety, organize employees to participate in various online or offline vocational training during the shutdown period and recovery period, can be included in the scope of subsidized training according to regulations. Make good use of the small and micro enterprise trade union fund support policy and fully refund the union funds of eligible small and micro enterprise enterprises affected by the epidemic. Make good use of corporate membership dues and refund a certain percentage of corporate membership dues to qualified enterprises in difficulty affected by the epidemic. Make good use of the special funds of the trade union for epidemic prevention, increase condolences to front-line workers in epidemic prevention, and fully mobilize the enthusiasm of employees to participate in epidemic prevention and control.

(9) Provide free online training. Guide enterprises to actively organize and carry out free online training for employees, support and help enterprises affected by the epidemic, especially small, medium and micro enterprises, to carry out employee skills training and job transfer training for employees in difficult enterprises, open all functions of the "China Vocational Training Online" platform, and provide free training and teaching resources.

5. Coordinate the efforts of all parties to increase guidance and services

(10) Strengthen labor and employment guidance services. Human resources and social security departments at all levels must promptly study and solve major issues in the field of labor relations during the epidemic prevention and control period, proactively respond to social concerns, formulate targeted policies, accurately interpret policies, and help enterprises solve development difficulties. It is necessary to do a good job in coordinating the three parties in labor relations, strengthen policy publicity and organizational coordination, give full play to the advantages of all parties, and form a joint force in the work. Trade unions at all levels must do a good job in uniting and mobilizing employees, actively play the role of enterprise trade unions, and provide necessary assistance and psychological crisis intervention and guidance to employees in need

It is necessary to guide employees to care about the survival and development of the enterprise, Express your demands rationally and in accordance with the law. Mobilize employees to vigorously promote the spirit of labor, model workers and craftsmanship, and provide suggestions and contributions to the long-term development of the enterprise. Enterprise federations and federations of industry and commerce at all levels should sort out and evaluate the actual difficulties of enterprises and actively provide targeted support policy suggestions and guidance services to relevant departments. Enterprises should be encouraged to assume social responsibilities and improve their competitiveness through technological innovation. It is necessary to guide enterprises that have difficulty in production and operation due to the impact of the epidemic, improve the internal deliberative democratic mechanism within the enterprise, open channels for dialogue with employees, and stabilize labor relations and jobs through various methods. It is necessary to guide enterprises to care for the health of their employees, help solve their actual difficulties, and effectively protect their rights and interests. It is necessary to give full play to the active role of industry associations, reduce the operating burden of enterprises through rent reduction and exemption, and guide enterprises in the same industry or upstream and downstream to help each other and stay together for warmth.

(11) Actively resolve conflicts in labor relations.

We should strive to nip hidden risks in the bud, focus on improving the grassroots ability to prevent and resolve labor disputes, and promote enterprises to establish and improve internal labor dispute negotiation and resolution mechanisms. Vigorously strengthen professional labor dispute mediation work, innovate arbitration case handling methods, strengthen dispute handling guidance and supervision, give full play to the synergy of multiple mechanisms, vigorously promote "Internet + mediation and arbitration", and effectively improve the efficiency of dispute handling. We will further unblock reporting and complaint channels, intensify labor and social security supervision and law enforcement, and investigate and deal with illegal activities in accordance with the law.

(12) Do a good job in commending advanced models. The three parties coordinating labor relations at all levels must carry out in-depth activities to create harmonious labor relations, and actively promote enterprises that truly achieve easy discussion, frequent discussion when encountering problems, and joint solutions to problems during the prevention and control of the epidemic. Enterprises and individuals who have made outstanding contributions to stabilizing labor relations during the epidemic prevention and control period will be given priority in the awarding of honors such as competitions, labor model selections, May Day labor medals, certificates, etc., and entrepreneurs and employees will be encouraged and guided to proactively perform their duties in epidemic prevention and control. , take responsibility.

The three parties coordinating labor relations at all levels must effectively strengthen the "four consciousnesses", strengthen the "four self-confidences", achieve "two safeguards", and thoroughly implement the Party Central Committee's response to the new coronavirus infection pneumonia epidemic. In the decision-making and deployment, it is an important task at present to stabilize labor relations and support enterprises and employees to overcome difficulties, coordinate the relationship between promoting enterprise development and safeguarding employees' rights and interests, give full play to the institutional advantages of harmonious labor relations with Chinese characteristics, and strengthen confidence , take active actions and make positive contributions to winning the battle against epidemic prevention and control.

Ministry of Human Resources and Social Security All-China Federation of Trade Unions ? China Enterprise Confederation/China Entrepreneurs Association All-China Federation of Industry and Commerce

February 7, 2020