Provisions of the state on wage payment standards during the epidemic period

1. What is the wage payment standard during the epidemic?

According to 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 Infection in novel coronavirus, the enterprise shall pay the employees the remuneration for novel coronavirus infected patients, suspected patients and close contacts during isolation treatment or medical observation. And employees who cannot provide normal labor due to isolation measures or other emergency measures taken by the government shall not terminate the labor contract with employees according to the provisions of Articles 40 and 41 of the Labor Contract Law.

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 salary payment period exceeds one, and the laborer provides normal labor, the salary paid by the enterprise to the laborer shall not be lower than the local minimum wage standard. If the employees fail to provide normal labor, the enterprise shall pay the living expenses, and the standard of living expenses shall be implemented in accordance with the measures stipulated by the provinces, autonomous regions and municipalities directly under the Central Government.

Labor law of the people's Republic of China

Article 44 Under any of the following circumstances, the employing unit shall pay wages higher than the wages of the workers during their normal working hours according to the following standards:

(1) If the laborer is arranged to work longer hours, he shall be paid no less than 150% of the salary;

(2) If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid a salary of not less than 200% of their wages;

(3) If workers are arranged to work on legal holidays, they shall be paid no less than 300% of their wages.

Second, the law stipulates that

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 Infection in novel coronavirus

In order to do a good job in the prevention and control of novel coronavirus, properly handle the labor relations during the epidemic prevention and control, safeguard the legitimate rights and interests of employees, ensure the normal production and operation order of enterprises, and promote the harmony and stability of labor relations, the relevant issues are hereby notified as follows:

During the period of isolation treatment or medical observation for pneumonia patients, suspected patients and close contacts infected with novel coronavirus, and during the period of isolation measures or other emergency measures taken by the government, the enterprise shall pay the employees labor remuneration during this period, and shall not terminate the labor contract with the employees according to the provisions of Articles 40 and 41 of the Labor Contract Law. During this period, if the labor contract expires, it shall be postponed to the medical treatment period, medical observation period, isolation period or the expiration of emergency measures taken by the government.

If an enterprise encounters difficulties because the epidemic situation affects its production and operation, it can stabilize its jobs by means of salary adjustment, rotation and shortening working hours. Through consultation with employees, and try not to lay off employees or minimize them. Eligible enterprises can enjoy stable job subsidies according to regulations. 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 salary payment period exceeds one, and the laborer provides normal labor, the salary paid by the enterprise to the laborer shall not be lower than the local minimum wage standard. If the employees fail to provide normal labor, the enterprise shall pay the living expenses, and the standard of living expenses shall be implemented in accordance with the measures stipulated by the provinces, autonomous regions and municipalities directly under the Central Government.

Due to the epidemic situation, if the parties cannot apply for arbitration of labor and personnel disputes within the statutory arbitration period, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. Due to the epidemic situation, it is difficult for labor and personnel dispute arbitration institutions to hear cases within the statutory time limit, and the trial period can be extended accordingly.

Local human resources and social security departments should strengthen labor guidance and services to enterprises affected by the epidemic, strengthen labor security supervision and law enforcement, and effectively protect the legitimate rights and interests of employees.

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