How to calculate the salary that can't go to work during the epidemic?

During the epidemic, the wages paid to employees are divided into the following situations:

1. During the leave period of employees who cannot provide normal work due to the epidemic situation, if the employer delays or cannot resume work, after consultation with the employees, the employer may use the annual leave of employees and other holidays to offset the working days. If employees can't provide normal labor after taking advantage of various holidays, the employer can negotiate with employees 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 payment period exceeds one salary, the employer shall pay the living expenses in accordance with the relevant provisions, and the living expenses standard shall not be less than 80% of the local minimum wage standard.

2. Due to the epidemic situation, the employer arranges employees to work online and at home, which is regarded as normal work and should be paid according to law. During the epidemic period, the employer can arrange employees to complete work tasks at home according to work needs. Employees who work at home also provide labor, and the employer shall pay the employees' wages according to the regulations. If the workload of employees does not decrease, the employer shall pay according to the normal wage standard; If the employee's workload is insufficient, the employer can negotiate with the employee the salary standard during working at home.

3. If an employee cannot return to work due to epidemic prevention and control, his salary during this period is based on the relatively fixed labor remuneration he can get during his normal work, but does not include overtime pay (except the fixed monthly overtime pay stipulated by the employer) and various allowances, subsidies or bonuses that are not fixed under special circumstances.

4. The agreement between employers and employees that wages are not paid before the end of the epidemic may also be considered invalid. If the employer and the employee reach an agreement to adjust their wages during this period, the wages shall not be lower than the standards stipulated by laws and regulations, and the employer shall continue to pay social insurance for the employees, except for other preferential measures promulgated by the local government. However, it is valid for both parties to reduce or cancel the bonus payment through consultation.

Wage refers to the labor remuneration paid by the employer or statutory employer to the laborer in the form of money according to laws, industry regulations or agreements with the laborer. Salary can be calculated in different forms, such as hourly salary, monthly salary and annual salary. In political economy, wages are essentially the value or price of labor. Wage is an important part of production cost. The legal minimum wage is called the minimum wage, and there are also various wage divisions such as pre-tax salary, after-tax salary and incentive salary. In political economy, capital is essentially the value or price of labor.

The minimum wage standard refers to the minimum labor remuneration that the employer should pay according to law on the premise that the laborer provides normal labor within the statutory working hours or the working hours stipulated in the labor contract signed according to law. The minimum wage standard generally takes two forms: monthly minimum wage standard and hourly minimum wage standard. The monthly minimum wage is applicable to full-time employees, and the hourly minimum wage is applicable to part-time employees.

Legal basis:

Paragraph 4 of Article 3 of Opinions on Stabilizing Labor Relations and Supporting Employers to Resume Work and Production during the Prevention and Control Period in novel coronavirus.

Support to negotiate the salary 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.

Article 3, paragraph 6

Safeguard employees' wages and welfare rights. 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.

Article 3, paragraph 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.