Provisions of labor law on home office

Legal "Ask and answer truthfully" According to the requirements of overall consideration of epidemic prevention and control and economic and social development, Shanghai's resumption of work and production is progressing in an orderly manner. In order to better protect the legitimate rights and interests of workers under the current situation and help enterprises to do a good job in compliance management and legal risk prevention and control under new situations and new problems, Hongmei Street, Xuhui District Bureau of Justice, Xuhui District People's Court and Xuhui Notary Office jointly launched a series of videos on "Asking and Answering Questions in Law" for resuming work and production. Based on the industrial characteristics and labor relations of enterprises in caohejing Development Zone Park, judges and notaries online responded to hot issues to help them resume their work.

is it reasonable to work from home?

how to calculate the salary?

Today, we launch the first issue

to answer the following questions. During the period when the epidemic prevention and control measures are affected, how can the employer fulfill the procedures of democratic consultation and notification when formulating or amending the rules and regulations or major issues directly related to the vital interests of workers? According to the provisions of Article 4 of the Labor Contract Law, the employer shall perform democratic procedures and publicity procedures when formulating, amending or deciding on rules and regulations or major issues directly related to the vital interests of workers. Then, during the period affected by the epidemic situation or epidemic prevention and control measures, the employer can submit relevant plans and opinions related to suspension of production, change of labor remuneration, adjustment of working methods and working hours, rotation and rest to the trade union or employee representatives for comments through e-mail, internal office automation (oa) system and WeChat group. If it is determined through consultation that it is only applicable during the epidemic period, and it is communicated or informed to the workers, it can be regarded as fulfilling the procedures of democratic consultation and notification. If workers are unable to attend work normally due to the epidemic situation or epidemic prevention and control measures, how should employers pay their wages? For the above problems, we should deal with them according to the following situations: First, if the employer arranges the workers to provide normal work by means of home office or telecommuting, it is regarded as the normal attendance of the workers, and the employer should pay their wages according to the wage standard when the workers are in normal attendance; Second, if the employer fails to arrange for workers to work at home or remotely, or if the workers cannot provide labor in the above way, the employer can arrange for workers to give priority to using paid annual leave, welfare leave set by enterprises and other holidays during the above period, and pay their wages according to the salary standard of the corresponding holidays; Third, if the above two situations do not exist, or because of the epidemic situation or epidemic prevention and control measures, the period during which the laborer can't attend work normally exceeds the accumulated days of various holidays, the employer can consult with the laborer with reference to the relevant provisions of the state on wage payment during shutdown and shutdown, and pay his wages according to the wage standard agreed in the labor contract within a wage payment period; If the salary payment period exceeds one, the living expenses shall be paid in accordance with the relevant provisions. What should be done if the employee disagrees with the arrangement of home office and telecommuting by the employer and proposes to terminate the labor contract on the grounds that the employer has not provided working conditions and asks the employer to pay economic compensation? Because of the epidemic situation or epidemic prevention and control measures, workers can't go to their posts to provide normal labor. Employers arrange workers to work at home or remotely through democratic consultation or communication with workers, which is a way for enterprises and workers to cope with the epidemic situation, and has a positive effect on protecting workers' labor rights and maintaining the normal operation of enterprises. If the arrangement of home office and telecommuting is proper and reasonable and does not infringe upon the legitimate rights and interests of workers, workers should cooperate. The people's court will not support the employee who proposes to terminate the labor contract on the grounds that the employer fails to provide working conditions as agreed in the labor contract and demands the employer to pay economic compensation in accordance with the relevant provisions of Article 46 of the Labor Contract Law.

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Win the battle of epidemic prevention and control

Be forceful and orderly

Effectively promote the resumption of work and production!