Will Fuzhou citizens enjoy subsidies during the epidemic? Fake! What should I do if I can't return to work due to the epidemic? The Human Resources and Social Security Bureau dispels doubts!

On June 28th 10, the police in Jinan, Fuzhou verified that the news was untrue. Netizen Gong Mouping posted a prank on his WeChat group for fun, and Gong Mouping was given administrative punishment according to law because of its adverse social impact.

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It doesn't matter if there is no subsidy. The Fuzhou Municipal Bureau of Human Resources and Social Security recently issued an authoritative answer on whether the friends are most worried about whether they can't return to work due to the epidemic and how to pay wages! The authoritative answer of Fuzhou Municipal Bureau of Human Resources and Social Security

Q

Can the enterprise terminate the labor relationship if the laborer cannot provide normal labor due to the isolation measures implemented according to law or the emergency measures taken by the government according to law?

A

For enterprise employees who are unable to provide normal labor due to isolation treatment or medical observation of pneumonia patients, suspected patients and close contacts infected with novel coronavirus, and the government takes isolation measures or other emergency measures, the enterprise shall not terminate the labor contract with the employees or return the dispatched workers according to the provisions of Articles 40 and 41 of the Labor Contract Law.

Q

Due to the epidemic situation, if the laborer cannot provide normal labor during the probation period, can the probation period be extended? What should I do when the labor contract expires during the period when the laborer is legally isolated?

A

Affected by the epidemic situation, if the laborer is unable to provide normal labor during the probation period, the probation period may be extended accordingly through consultation between the employer and the laborer, but the extension time shall not exceed the time when the laborer is unable to provide normal labor.

If the labor contract expires, it shall be postponed to the end of the medical treatment period, medical observation period, isolation period or emergency measures taken by the government. If it is really impossible to perform the original labor contract due to the epidemic situation, the practice of temporarily stopping the performance of the labor contract shall not be adopted, and the enterprise and the employee may negotiate to change the labor contract according to law.

Q

Affected by the epidemic, enterprises and workers cannot renew their labor contracts in time according to law. What should I do?

A

If the enterprise and the hired employee cannot conclude or renew the written labor contract in time according to law, the time for concluding the written labor contract can be reasonably postponed through consultation.

Affected by the epidemic, it may be difficult for employers to sign written labor contracts with workers. According to the Letter of General Office of Ministry of Human Resources and Social Security on Issues Related to Concluding Electronic Labor Contracts, employers and employees can conclude written electronic labor contracts through consultation. To conclude a labor contract by electronic means, data messages that can be regarded as written forms and reliable electronic signatures that conform to the provisions of laws and regulations such as the Electronic Signature Law shall be used. The employing unit shall pay attention to the expiration of the labor contract, handle the renewal procedures in time, and avoid related disputes.

Q

How to determine the wages of pneumonia patients, suspected patients and close contacts in novel coronavirus during the period of taking isolation measures according to law? How to pay for the treatment of patients who still need to stop working after the isolation period?

A

Novel coronavirus infected pneumonia patients, suspected patients and close contacts can not provide normal labor due to isolation treatment, observation and other isolation measures, enterprises should pay their wages during the isolation period according to normal attendance.

For workers who still need to stop work, treat or rest after the expiration of the isolation period, the enterprise shall pay sick pay in accordance with the rules and regulations formulated by the unit according to law or the labor contract and collective contract signed according to law, and the minimum wage shall not be lower than 80% of the minimum wage in Fuzhou (1960 yuan/month).

Q

How to determine the salary of employees during the period when they can't return to work due to the epidemic?

A

For those cases that are not isolated according to law, but the government takes emergency measures according to law, which leads to the inability of enterprises to start production or employees to return to their posts ("yellow code", building closure, home health monitoring, etc. ), should be handled according to different situations.

1. Conditional enterprises can arrange employees to complete work tasks through flexible working methods such as telephone and internet, and pay wages according to normal labor.

2. For enterprises that do not have telecommuting conditions, they can negotiate with employees to give priority to the use of paid annual leave and other kinds of leave, and pay wages according to relevant leave and other regulations.

3. For employees who can't provide normal labor after taking all kinds of vacations or other employees who can't provide normal labor, the enterprise will negotiate with employees to pay wages in accordance with the relevant provisions of the state on wage payment during shutdown: within a wage payment period, pay wages according to the standards agreed in the labor contract; If the wage payment period exceeds one, the living expenses of the workers shall be paid at no less than 70% of the minimum wage in Fuzhou (1960 yuan/month).

Q

How to determine the paid annual leave salary of employees during the epidemic?

A

During the annual leave, employees enjoy the same salary as during normal work.

Q

What should enterprises do if they can't pay wages normally because of the epidemic situation affecting production and operation difficulties?

A

If the production and operation of enterprises are difficult due to the epidemic situation, enterprises are encouraged to negotiate with trade unions or employees through deliberative democratic procedures, and stabilize jobs by adjusting wages, rotating posts and taking breaks, shortening working hours, etc. , and try not to lay off employees or minimize employees; For those who are temporarily unable to pay wages, the enterprise shall negotiate with the trade union or employee representatives to postpone the payment to help the enterprise reduce the pressure of capital turnover.

Q

How can workers who are assigned by the unit to perform work tasks and cannot return to work due to the epidemic situation be paid?

A

Workers are assigned by the unit to perform work tasks, and if they can't return to work due to the epidemic, the wages during the period will be paid by the enterprise according to the normal time wages.

Q

How to determine the wages and benefits of employees during the shutdown of enterprises?

A

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 wage payment period is more than one, and the laborer provides normal labor, the salary paid by the enterprise to the laborer shall not be lower than the minimum wage standard in Fuzhou (1960 yuan/month); If the laborer fails to provide normal labor, the enterprise shall pay the living expenses of the laborer at no less than 70% of the minimum wage in Fuzhou.

Q

How to solve the problem of caring for underage children in epidemic prevention and control?

A

During the period of epidemic prevention and control, enterprises should fully consider the practical difficulties caused by online teaching in primary and secondary schools and kindergartens. Conditional enterprises should arrange employees to complete the corresponding work by telephone, internet and other flexible ways as far as possible, or arrange employees to work flexibly at different times and commute flexibly to provide normal work, so that employees can take good care of their children while completing their work. Workers should also be considerate of enterprises, encourage family members to help if the family has the conditions, and parents take turns to take care of minor children.