Does nanny COVID-19 need to pay the isolation fee?

1. Do nannies have to be paid if they don't go to work during the epidemic?

During the epidemic, due to traffic, control and other reasons, the nanny did not actually provide services in your home. Whether to pay the nanny's salary during this period shall be subject to your oral or written agreement with the nanny when you join the company. If it is agreed to pay by the day, it shall be paid according to the number of days actually provided. If you don't have time to actually provide services, you certainly don't have to pay the nanny. This is performed in accordance with the agreement, and there is no mandatory law.

During the epidemic period, the accounting standards for employees' wages will be strictly implemented in accordance with the Notice of the General Office of Ministry of Human Resources and Social Security on Doing a Good Job in Labor Relations during the Prevention and Control of Pneumonia Infection in novel coronavirus.

If you find a nanny through a domestic company, the domestic company does not manage the nanny, but acts as an intermediary company, from which it collects an intermediary fee. The service content and salary of the nanny are determined through consultation between the nanny and you, and you pay the nanny's salary directly. There is no labor employment relationship between the nanny and the housekeeping company, and there is no need to sign a contract with the housekeeping company. As in the first category, how to pay wages should be settled by both parties through consultation.

Second, are the dispatched workers paid during the epidemic?

The dispatched workers were paid during the epidemic.

The labor dispatch unit shall conclude a labor dispatch agreement with the employing unit, and the labor dispatch agreement shall stipulate the amount and payment method of labor remuneration and social insurance premium, as well as the responsibility for violating the agreement.

Article 1 of the Notice of the General Office of Ministry of Human Resources and Social Security on Properly Handling Labor Relations during the Prevention and Control of Pneumonia Infected in novel coronavirus: During the period of isolation treatment or medical observation for patients, suspected patients and close contacts infected with novel coronavirus, enterprises and employees who cannot provide normal labor due to isolation measures or other emergency measures taken by the government shall pay their employees labor remuneration during this period, and shall not terminate their labor contracts with employees according to the provisions of Articles 40 and 41 of the Labor Contract Law.

Article 59 of the Labor Contract Law of People's Republic of China (PRC) stipulates that the labor dispatch unit shall conclude a labor dispatch agreement with the employing unit, and the labor dispatch agreement shall stipulate the amount and payment method of labor remuneration and social insurance premiums and the liability for violating the agreement; Article 60 stipulates that the labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement. The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched workers according to the labor dispatch agreement. The dispatched workers have the right to equal pay for equal work with the workers of the employing unit.

Article 63 of the Labor Contract Law of People's Republic of China (PRC) stipulates that the employing unit shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched workers and workers in similar positions in the unit. If the employing unit has no workers in the same position, it shall be determined by reference to the labor remuneration of workers in the same or similar positions where the employing unit is located.

The above is the answer to "Do nannies need to pay wages when they don't go to work during the epidemic?" We can know that whether to pay the nanny during this period should be based on your oral or written agreement with the nanny when you join the job. If you want to know more about other legal knowledge, we also provide professional online consulting services for lawyers. You are welcome to consult again.

Tips:

The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If it involves other issues stipulated by the civil law #

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