The Shenzhen epidemic was closed, and the company said that home office only gave 80% of the salary legal and compliant. Is it really legal?

WeChat official account New Labor Law Original link: Pay attention to the new labor law and get more dry goods for enterprise labor management ~ Make the labor law simpler!

The epidemic was raided, and the closed control area and control area in the country expanded sharply.

From 0: 00 to 24: 00 on March 14, 3 1 provinces (autonomous regions and municipalities directly under the Central Government) and Xinjiang Production and Construction Corps reported 3,602 newly confirmed cases and 3,507 local cases.

The epidemic situation is becoming more and more critical, and enterprises have stopped production, which has caused many influences on the employment management of enterprises.

Shenzhen People's Society, Nanning People's Society, Guangxi People's Society and other places have recently conducted guidance on official WeChat official accounts or official website, and the implementation methods are similar. In order to help enterprises deal with employment management problems such as employees' home isolation, failure to return to work in time and failure to pay compensation in time.

The wages and benefits related to the epidemic situation and employee return are 1. During the epidemic, because the community was closed, it was impossible to go to work normally. How should the wages of workers be calculated? (1) If the laborer belongs to COVID-19 patients, pathogen carriers, suspected patients, close contacts, etc., and measures such as isolation treatment or medical observation need to be taken, it is deemed that the employer has provided normal labor and paid wages during the above period.

(2) Other laborers shall be treated as follows: 1 If the employer arranges laborers to provide normal labor by telephone or internet, they shall be paid according to normal labor; 2 If the employing unit arranges the laborers to use paid annual leave, welfare leave and other kinds of leave as stipulated by the employing unit, it shall pay wages in accordance with the relevant leave regulations; 3 If the laborer can neither provide normal labor nor take other forms of vacation, consult with the laborer with reference to the relevant provisions on wage payment during shutdown:

Pay wages according to the wage standard agreed in the labor contract within a wage payment cycle;

If the payment period exceeds one, the living expenses shall be paid by the employer, and the standard of living expenses shall not be less than 80% of the minimum wage in Shenzhen (the minimum wage for full-time employees in Shenzhen is 2360 yuan/month).

Among them, a salary payment cycle does not exceed 30 days at the longest. The starting and ending date of the employer's shutdown shall be calculated continuously from the date of shutdown to the day before resumption of work.

If the employing unit stops production and resumes work, if it stops production again after the resumption of work, it needs to be recalculated every time it is interrupted, and the two shutdown times shall not be calculated cumulatively.

2. After the expiration of the isolation period or after the government takes emergency measures, can the enterprise refuse the workers' request to return to their posts? After COVID-19 patients were cured and discharged from the hospital, after the suspected patients were diagnosed as not suffering from COVID-19, the close contacts of COVID-19 patients, the staff who returned to the depths from areas with severe epidemic situation and other staff who needed to be concentrated or isolated at home for epidemic prevention and control required to return to work after the expiration of medical observation. If the employer refuses without justifiable reasons, it shall pay the wages for normal working hours. If the employer refuses to resume work and fails to pay wages within a reasonable period, the employee has the right to terminate the labor contract according to Article 38 of the Labor Contract Law, and the enterprise needs to pay economic compensation.

3. What should the workers do when they ask for wages during the isolation period? Laborers' demands for employers to pay wages during the period of isolation treatment or medical observation in COVID-19 and during the period when the government implements isolation measures shall be supported. Workers who fail to comply with the government's epidemic prevention and control regulations, resulting in isolation treatment or medical observation, will not be supported if they demand wages during this period.

Dissolution of labor contract and payment of compensation 1. Can the enterprise terminate the labor contract with the workers who cannot provide normal labor due to the epidemic? The enterprise shall not terminate the labor contract with COVID-19 patients, pathogen carriers, suspected patients, close contacts who have received isolation treatment or medical observation according to law, and workers who cannot provide normal labor due to isolation measures or other emergency measures taken by the government.

2. If the enterprise wants to terminate the labor contract that expires during the epidemic prevention and control period, must it continue to perform or pay compensation? If the labor contract is terminated during isolation treatment and medical observation, or because the government implements isolation measures or takes other emergency measures, the term of the labor contract shall be postponed to the expiration of isolation treatment period, medical observation period, isolation period or the end of emergency measures taken by the government. If the employer terminates the expired labor contract within the above-mentioned time limit and the employee requests to continue to perform it, it shall be supported.

If the laborer does not demand to continue to perform or the labor contract cannot be continued, and requests to pay compensation in accordance with Article 87 of the Labor Contract Law, it shall be supported.

3. If the laborer violates the government's epidemic prevention and control measures and refuses treatment, medical observation, medical examination and isolation, can the employer terminate the labor contract? If a worker violates the government's epidemic prevention and control measures, refuses treatment, medical observation, medical examination or isolation, which affects the production and operation of the employing unit or seriously violates labor discipline and the rules and regulations of the employing unit, the employing unit may terminate the labor contract in accordance with Article 25 of the Labor Law or Article 39 of the Labor Contract Law.

Mediation and arbitration of labor disputes during the epidemic q: how should the parties to labor disputes apply for mediation and arbitration during the epidemic? In the event of a labor dispute, the parties may submit an application for mediation and arbitration through the "electronic arbitration service" platform, and submit relevant materials by mail after being audited by the arbitration institution. Eligible mediation and arbitration cases may be heard by video or in writing with the consent of the parties. If the parties or their agents are unable to attend the hearing in the arbitration institution due to the epidemic situation, they may apply to the arbitration institution for an extension of the hearing.

Policy to help enterprises get out of the predicament: returning unemployment insurance premium for small and medium-sized enterprises

Wu, deputy director of Shenzhen Human Resources and Social Security Bureau, said that Shenzhen will take pragmatic and effective measures to help enterprises tide over the difficulties, continue to do "subtraction" in reducing the burden on enterprises, and do "addition" in implementing the policy of benefiting enterprises and enterprise services.

1. Subtraction focuses on "reduction" and "return": "reduction": we will continue to implement the phased rate reduction policy for unemployment and industrial injury insurance, and simultaneously implement floating rates. It is estimated that the two projects will reduce the burden on enterprises in the city10.953 billion yuan.

"Return": This year, Shenzhen will continue to return unemployment insurance premiums to enterprises, and at the same time focus on increasing assistance to small and medium-sized enterprises. It is estimated that the annual withdrawal of funds will exceed 2.5 billion yuan. This kind of reward is "enjoy without trial" and no enterprise application is required. Through big data comparison, as long as the enterprise meets the policy conditions, the funds will be directly distributed to the social security payment account of the enterprise.

2. "Plus" focuses on three aspects: entrepreneurship support, employment service and skills training: 1, and increase the support of entrepreneurship guarantee loans;

2. Strengthen the employment service guarantee of enterprises;

3. Strengthen skills training and reduce the training cost of enterprises.

※ Note: Pay attention to the new employment law of WeChat official account and ask about the employment problems your company encountered during the repeated epidemic, and we will tide over the difficulties with the enterprise.

Enterprise employment management has always been a key factor affecting the development of enterprises. At present, many enterprises have begun to think about whether they can help enterprises reduce costs and increase efficiency through new flexible employment methods.

At 8: 00 pm on March 17 (this Thursday), Haifeng Law invited Liu Junqing, a senior labor law expert and chief partner of Sichuan Xingruo Law Firm, to explain in detail "several new modes of flexible employment at present" from the perspective of "the new dilemma of enterprise employment under the epidemic situation" and help you clarify three problems that must be clarified first to reduce the cost of enterprises by using "flexible employment".