Is it legal not to pay performance pay during the epidemic?

If an enterprise cannot pay wages on time temporarily due to difficulties in production and operation, it shall explain the situation to the workers, and may postpone the payment of wages after consultation with the trade union or employee representatives, but the longest time shall not exceed 30 days. In addition, enterprises can also stop production, arrange employees to wait for jobs, and negotiate with employees to sign a waiting agreement. If the enterprise stops production within one month, it shall pay wages according to the original wage standard; If it exceeds one month, at least 70% of the minimum wage in the workplace shall be paid.

Therefore, epidemic situation, extended holidays and delayed resumption of work are objective conditions that enterprises cannot foresee, and enterprises that delay resumption of work can pay wages on the latest working day after resumption of work. At the same time, enterprises should pay attention to inform employees of the delay in payment.

(1) The employer is unable to pay wages on time due to natural disasters, wars and other force majeure reasons;

(two) the employer may suspend the payment of wages to workers after obtaining the consent of the trade union because of the difficulties in production and operation and the impact of capital turnover. The longest extension period can be determined by the labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government according to local conditions. In other cases, wage arrears are unreasonable. Therefore, if the enterprise has difficulties in production and operation due to the epidemic and its capital turnover is affected, it can postpone the payment of wages after fulfilling the corresponding procedures.

If the employer never paid wages and never paid any subsidies during the epidemic, in fact, employees can complain to the labor bureau about this illegal behavior of the company. In theory, even if the company has been dissolved due to the epidemic, it should pay severance pay to employees.

It is illegal not to pay wages during the epidemic. If an enterprise stops production within a wage payment period due to the epidemic situation, it shall pay wages according to the labor contract standards. If the employees provide normal labor for more than one period, the wages paid by the enterprise shall not be lower than the local minimum wage standard; If the laborer fails to provide normal labor, the living expenses shall be paid according to local standards.

Legal basis:

According to the second paragraph of Article 41 of the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases, during the period of isolation, the people's government that implements isolation measures shall provide living security for the isolated personnel; If the isolated person has a work unit, his work unit will not stop paying his remuneration during the isolation period. "