How to calculate the salary of Beijing home office

At the press conference on the prevention and control of novel coronavirus epidemic in Beijing held on May 5th, Tian Wei, director of the Foreign Affairs Office of the Propaganda Department of Beijing Municipal Committee, introduced that during working at home, employers and workers were encouraged to negotiate to determine that the wage level of employees was not lower than the minimum wage standard in this city.

As soon as this news came out, many business leaders believed that employees who worked at home due to the epidemic could be paid according to the minimum wage in Beijing, saving costs for enterprises. This is a serious misunderstanding. If you really want to do this, the enterprise will pay when the employees apply for arbitration in the later period.

I. Salary payment plan during the period of Beijing Headquarters.

During the epidemic in Beijing, how to pay employees needs to integrate the experience of labor litigation and non-litigation, and come up with a plan that can save costs for enterprises without infringing on employees' interests. Combining with his own practical experience, the lawyer introduced the plan as follows:

The salary for the first month at home is paid as usual according to the salary structure; Starting from the second month, it will be paid at 70% of the minimum wage in Beijing on the basis of consensus with employees.

In practice, the salary organization of each position is different. For example, whether various subsidies are paid as usual in the case of epidemic depends on how the original contract is agreed, so I won't go into details here.

Secondly, the legal basis for the operation of the plan.

Article 12 of Beijing Higher People's Court's Answer of Beijing Labor and Personnel Dispute Arbitration Committee on Applicable Legal Issues in the Trial of Labor Dispute Cases during the Prevention and Treatment of novel coronavirus's Infection: "If the employee fails to return to work for a long time and there are no circumstances mentioned in the first and second paragraphs, the employee shall be paid with reference to Article 27 of Beijing Regulations on Wage Payment."

Article 27 of the Regulations of Beijing Municipality on Wage Payment: "If the employing unit fails to arrange for the workers to work, it shall pay the basic living expenses of the workers at not less than 70% of the minimum wage in this Municipality".

3. The news on May 5th is not the legal basis for the unilateral salary reduction of enterprises.

The news on May 5th was said by the person in charge of propaganda in Beijing. It cannot be used as a legal basis for arbitration and trial. It is completely wrong to understand that "from the day of home isolation, employees will be paid according to the minimum wage in Beijing". The author believes that the purpose of this news is to protect the interests of employees and issue a minimum wage initiative, rather than the basis for enterprises to rudely reduce employees' wages. What's more, the news is also very cautious to encourage employers to negotiate with workers to determine.

Fourth, the minimum wage in Beijing.

In 2022, the monthly minimum wage in Beijing is 2320 yuan, so it can be calculated that from the second month of home isolation, the minimum wage is 1624 yuan (2320 yuan multiplied by 70%).

5. Consensus is the premise.

Starting from the second month, the payment basis of 1624 yuan is the agreement between the enterprise and the employees. Enterprises cannot unilaterally decide to pay according to this figure.

There are many forms of consensus, and a written agreement signed by employees and sealed by the company is the best choice.

However, considering the objective reality that the epidemic cannot be signed in writing, the consensus reached by mail, nail, WeChat and other forms has the same legal effect.

There is no consensus process and evidence. In the stage of arbitration and litigation, the enterprise only claims to pay the salary after the second month at 70% of the minimum standard based on the above legal basis, and the arbitration commission and the court will not support it.

The author has dealt with the salary problem of more than a dozen employees in the same enterprise because of the epidemic. If there is no consistent evidence, the verdict and the verdict are completely opposite.

The virus is cunning, the epidemic is still going on, and the survival of enterprises is difficult. The scheme provided in this paper has been tested by practice, but how to implement the above problems in various enterprises needs to consult lawyers who are proficient in labor law. The legality and compliance of employment will always test the details and procedures. Some laws and policies are very favorable, but the implementation is not in place, which has become a minefield for enterprises. This is a suggestion.