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Ministry of Huma
Take more measures! Ministry of Human Resources and Social Security and other four departments issued a document to reduce employment pressure and encourage flexible employment.
Ministry of Huma
Ministry of Human Resources and Social Security National Federation of Trade Unions china enterprise confederation/China Entrepreneurs Association National Federation of Industry and Commerce?
Opinions on stabilizing labor relations and supporting enterprises to resume work and production during the prevention and control period in novel coronavirus
Departments (bureaus) of human resources and social security of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, Federation of Trade Unions, enterprise federations/entrepreneurs associations and federations of industry and commerce:
In order to implement the decision-making arrangements of the Party Central Committee on prevention and control of novel coronavirus, give full play to the important role of enterprises and employees in epidemic prevention and control, fully support enterprises to resume work and stabilize labor relations, and mobilize employees Qi Xin to work together to overcome the difficulties, we hereby put forward the following opinions on stabilizing labor relations and supporting enterprises to resume work and production during epidemic prevention and control.
First, attach great importance to the new challenges brought by the epidemic to the field of labor relations.
Recently, affected by the novel coronavirus epidemic, the field of labor relations is facing new situations and problems. Enterprises in some industries are under great pressure in production and operation, and workers face risks such as unemployment, unemployment and income reduction. The instability of labor relations has increased, and the contradiction of labor relations has gradually become prominent. At present, prevention and control in novel coronavirus is at a critical stage. We must resolutely implement the decision-making arrangements of the CPC Central Committee, attach great importance to the outstanding problems existing in the operation of labor relations in the current special period, strengthen the monitoring and judgment of labor relations risks, and guide enterprises and employees to share the responsibility for * * * and tide over the difficulties together. It is necessary to give full play to the unique role of the tripartite mechanism in ensuring enterprises, employment and stability, deeply analyze the current situation of labor relations, help enterprises formulate measures to resume work and production in light of the actual situation, unite all forces to act together, and increase the guidance and service of enterprises in handling labor relations in special periods to ensure the overall harmony and stability of labor relations.
Two, flexible handling of labor problems during the epidemic prevention and control.
(a) to encourage consultation to solve the employment problem before returning to work. If employees affected by the epidemic can't go to work on time, or enterprises can't start production, we should guide enterprises to actively communicate with employees. Conditional enterprises can arrange employees to work at home through flexible working methods such as telephone and internet to complete work tasks; For enterprises that do not have telecommuting conditions, negotiate with employees to give priority to the use of paid annual leave and welfare leave set by enterprises. It is necessary to guide enterprise trade unions to actively mobilize employees to help enterprises in the same boat, and help enterprises minimize the losses caused by the epidemic on the basis of giving consideration to the legitimate rights and interests of both enterprises and employees.
(2) Encourage flexible working hours. During the epidemic prevention and control period, in order to reduce the gathering of people, qualified enterprises should be encouraged to implement flexible employment measures, and flexible working hours should be arranged through consultation with employees by means of staggered commuting and flexible commuting. Under the premise of ensuring workers' health and labor safety, enterprises that undertake the task of preventing and controlling government epidemic situation and urgently need to work overtime can guide enterprises to negotiate with trade unions and workers, and can appropriately extend working hours to deal with emergency production tasks, and are not limited by extending working hours according to law.
(3) Guiding and standardizing employment management. During the epidemic prevention and control period, enterprises should be guided to fully understand the isolation measures taken by employees or the emergency measures taken by the government, and enterprises are required not to terminate the labor contracts of employees who cannot provide normal labor due to relevant measures or return the dispatched workers during this period. Enterprises that meet the conditions for returning to work should be instructed 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, it is necessary to guide enterprise trade unions to preach the requirements of epidemic prevention and control policies and the importance of enterprises' return to work in time, and actively persuade employees to return to work in time. Those who refuse to return to their posts due to ineffective persuasion or other improper reasons shall be instructed to deal with them according to law. Encourage enterprises to actively explore ways and means to stabilize labor relations. For enterprises that still need to lay off employees after taking corresponding measures, they should guide enterprises to formulate layoff plans, perform relevant procedures according to law, properly handle labor relations, and maintain the normal production and operation order of enterprises. Three, negotiate the wages during the epidemic prevention and control period.
(4) Support wage negotiation during the period of not returning to work. During the period of delayed resumption of work or non-resumption of work affected by the epidemic, for employees who still can't provide normal labor by taking various vacations or other employees who can't provide normal labor, guide enterprises to consult with employees with reference to the relevant provisions of the state on wage payment during shutdown and production suspension, and pay wages according to the standards agreed in the labor contract within a wage payment cycle; If the salary payment period exceeds one, the living expenses shall be paid in accordance with the relevant provisions.
(5) Support difficult enterprises to negotiate wages and benefits. If the production and operation of enterprises are difficult due to the epidemic situation, enterprises are encouraged to negotiate with employees through deliberative democratic procedures, and stabilize their jobs by adjusting wages, rotating jobs and shortening working hours. For those who are temporarily unable to pay wages, we should guide enterprises to negotiate with trade unions or employee representatives to postpone payment and help enterprises reduce the pressure of capital turnover.
(six) to protect the wages and welfare rights of employees. For employees who cannot provide normal labor due to legal isolation, guide enterprises to pay their wages according to normal labor; After the isolation period, employees who still need to stop working for treatment shall be paid according to the relevant provisions of the medical treatment period. During the Spring Festival holiday, employees who can't take a vacation due to epidemic prevention and control should be instructed to arrange compensatory time off first, and those who can't arrange compensatory time off should be paid overtime wages according to law.
Fourth, take various measures to reduce the burden on enterprises.
(seven) to help enterprises reduce recruitment costs. It is necessary to strengthen the online recruitment service, create an online spring breeze action, vigorously promote remote interviews, and improve the "point-to-point" direct docking rate between recruitment enterprises and workers. Standardize human resources service charges and resolutely crack down on malicious acts of driving up labor prices. For enterprises that lack jobs or undertake government security tasks affected by the epidemic, human resources service institutions are encouraged to provide recruitment services through fee reduction and exemption.
(8) Reasonably share the stable costs of enterprises. Make good use of the stable unemployment insurance policy for returning to work, and relax the layoff rate standard for small and medium-sized enterprises affected by the epidemic without layoffs or fewer layoffs, so as to benefit more enterprises. Make good use of the subsidy policy for training fees. Enterprises affected by the epidemic situation, under the premise of ensuring epidemic prevention safety, organize employees to participate in all kinds of online or offline vocational training during the shutdown period and recovery period, which can be included in the scope of subsidized training in accordance with regulations. Make good use of the financial support policies of small and micro enterprise trade unions, and return the eligible funds of small and micro enterprises affected by the epidemic in full. Make good use of enterprise membership dues, and refund a certain percentage of membership dues to qualified enterprises affected by the epidemic. Make good use of the special funds of trade unions for epidemic prevention, increase condolences to frontline workers for epidemic prevention, and fully mobilize the enthusiasm of workers to participate in epidemic prevention and control.
(9) Provide free online training. Guide enterprises to actively organize online free training for employees, support and help enterprises affected by the epidemic, especially small and medium-sized 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 training and teaching resources free of charge.
Five, co-ordinate the forces of all parties, increase the intensity of guidance services.
(ten) to strengthen employment guidance services. Human resources and social security departments at all levels should promptly study and solve major problems in the field of labor relations during the epidemic prevention and control period, actively respond to social concerns, formulate targeted policies, accurately interpret policies, and help enterprises solve difficulties in development. It is necessary to do a good job in coordinating labor relations, strengthen policy propaganda and organization and coordination, give full play to the advantages of all parties, and form a joint effort. Trade unions at all levels should do a good job in uniting and mobilizing the broad masses of employees, actively play the role of enterprise trade unions, and provide necessary help and psychological crisis intervention for employees in need.
It is necessary to guide employees to care about the survival and development of enterprises and rationally express their demands according to law. Mobilize employees to vigorously carry forward the spirit of labor, model workers and craftsmen, and make suggestions and contributions to the long-term development of enterprises. Enterprise federations and federations of industry and commerce at all levels should sort out and evaluate the practical difficulties of enterprises, actively provide targeted help, support, policy suggestions and guidance services to relevant departments, encourage enterprises to assume social responsibilities, and improve their competitiveness through technological innovation. It is necessary to guide enterprises that have difficulties in production and operation affected by the epidemic, improve the internal democratic consultation mechanism of enterprises, smooth the channels of dialogue with employees, and stabilize labor relations and jobs in various ways. It is necessary to guide enterprises to care about the health of employees, help solve their practical difficulties and effectively protect their rights and interests. It is necessary to give full play to the positive role of trade associations, reduce the operating burden of enterprises through rent reduction and other forms, and guide enterprises in the same industry or upstream and downstream to help each other and warm up.
(eleven) take the initiative to resolve the contradiction of labor relations. Efforts should be made to nip potential risks in the bud, improve the ability of grass-roots units to prevent and resolve labor disputes, and promote enterprises to establish and improve the internal labor dispute settlement mechanism through consultation. Vigorously strengthen specialized labor dispute mediation, innovate arbitration handling methods, strengthen guidance and supervision on dispute handling, give play to the joint efforts of multiple mechanisms, vigorously promote "Internet plus mediation and arbitration", and effectively improve the efficiency of dispute handling. Further unblock the channels for reporting and complaining, strengthen labor security supervision and law enforcement, and investigate and deal with illegal acts according to law.
(twelve) do a good job in the recognition of advanced models. The three parties to coordinate labor relations at all levels should carry out in-depth activities to create harmonious labor relations, actively publicize enterprises that truly realize one thing, one discussion, more things and one discussion and solve problems together in epidemic prevention and control, give priority to enterprises and individuals that have made outstanding contributions to stabilizing labor relations during epidemic prevention and control, and issue May Day labor medals and certificates to encourage and guide entrepreneurs and employees to take the initiative to perform their duties in epidemic prevention and control.
The three parties coordinating labor relations at all levels should strengthen the "four consciousnesses", strengthen the "four self-confidences", achieve the "two safeguards", thoroughly implement the decision-making arrangements of the CPC Central Committee to deal with the novel coronavirus epidemic, regard stabilizing labor relations to support enterprises and employees to tide over the difficulties as an important task at present, handle the relationship between promoting enterprise development and safeguarding employees' rights and interests as a whole, give full play to the institutional advantages of harmonious labor relations with China characteristics, strengthen confidence and act positively, so as to win this epidemic.
All-China Federation of Trade Unions, Ministry of Human Resources and Social Security? China enterprise confederation/China Entrepreneurs Association All-China Federation of Industry and Commerce
February 7(th), 2020
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