Authoritative opinion of the Ministry of human resources and social security: how to pay the salary for delayed resumption of work?

Posted 2023-01-02 00:00:00 +0000 UTC

On February 8, the Ministry of human resources and social security, the all China Federation of trade unions, the China Federation of enterprises / China Association of entrepreneurs, and the all China Federation of industry and Commerce jointly printed and distributed. It was pointed out that we should attach great importance to the new challenges brought by the epidemic to the field of labor relations. Some industrial enterprises are faced with greater pressure of production and operation, workers are faced with risks such as waiting for jobs, unemployment, income reduction, etc., the instability of labor relations increases, and the contradiction of labor relations gradually highlights. At present, the novel coronavirus infection pneumonia prevention and control is at a critical stage. It is suggested that specific arrangements should be made in terms of labor employment arrangement, salary and treatment, enterprise burden reduction, etc. For employment arrangement, mobile office can be used to complete tasks if conditions permit, and paid annual leave can be used preferentially if conditions permit. For wage treatment, it supports payment in accordance with the national regulations on wage payment during shutdown and production suspension. Enterprises with difficulties may need to negotiate with employees to adjust wages, shorten working hours, etc., while enterprises without the ability to pay may have to postpone the payment of wages. For the employees who can't arrive on time or the enterprise can't start production due to the epidemic situation, the enterprise shall be guided to actively communicate with the employees, and the enterprises with conditions can arrange the employees to work at home through flexible working methods such as telephone and network to complete the work tasks; for the enterprises without remote office conditions, the enterprises shall negotiate with the employees to give priority to the use of paid annual leave, enterprise self-designed welfare leave and other kinds of leave 。 We should guide trade unions to actively mobilize workers and enterprises to work together in the same boat, and help enterprises reduce losses caused by the epidemic as much as possible on the basis of taking into account the legitimate rights and interests of both enterprises and workers. During the epidemic prevention and control period, in order to reduce personnel aggregation, it is necessary to encourage enterprises that meet the requirements to implement flexible employment measures, and negotiate with employees to flexibly arrange working hours by means of wrong time and flexible time. For enterprises that need to work overtime urgently to undertake the tasks of government epidemic prevention and control, under the premise of ensuring the health and labor safety of workers, guiding enterprises to consult with trade unions and workers, the working hours can be appropriately extended to cope with the emergency production tasks, without being limited by the extension of working hours according to law. During the period of epidemic prevention and control, it is necessary to guide the enterprise to fully understand the isolation measures taken by the employees or the emergency measures taken by the government, and require the enterprise not to terminate the labor contract or return the dispatched workers affected by the relevant measures. For those enterprises that meet the requirements, it is necessary to guide them to provide necessary epidemic prevention and labor protection measures, and actively mobilize workers to return to work. For the employees who do not want to return to work, the trade union of the enterprise shall be instructed to timely publicize the requirements of the epidemic prevention and control policy and the importance of the enterprise's return to work, and actively persuade the employees to return to work in time. In case of invalid persuasion or refusal to return to work for other improper reasons, the enterprise shall be instructed to deal with it according to law. Encourage enterprises to actively explore ways and methods to stabilize labor relations. For enterprises that still need layoffs after taking corresponding measures, 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. During the period of delayed return to work or non return to work affected by the epidemic situation, for the employees who can't provide normal work after using all kinds of leave or other employees who can't provide normal work, guide the enterprise to consult with the employees in accordance with the relevant provisions of the state on wage payment during shutdown and shutdown, and pay the wage according to the standard stipulated in the labor contract within one wage payment cycle; pay the wage more than one wage payment week The living expenses shall be paid in accordance with relevant regulations. For those who are affected by the epidemic situation and have difficulties in production and operation, enterprises are encouraged to negotiate with employees through consultation democratic procedures to stabilize their jobs by adjusting their salaries, rotating their posts, shortening working hours, etc.; for those who are temporarily unable to pay wages, enterprises should be guided to negotiate with trade unions or representatives of employees to postpone payment, so as to help enterprises reduce the pressure of capital turnover. For the employees who cannot provide normal labor due to isolation according to law, the enterprise shall be guided to pay their wages according to normal labor; after the isolation period, the employees who still need to stop working for treatment shall pay their wages according to the relevant provisions of the medical period. For employees who are unable to take a holiday due to epidemic prevention and control during the extended Spring Festival holiday, the guiding enterprise shall first arrange a supplementary holiday, and for those who are unable to arrange a supplementary holiday, pay overtime wage according to law. We need to strengthen online recruitment services, create online spring action, vigorously promote remote interviews, and improve the "point-to-point" direct connection rate between recruitment enterprises and workers. We will standardize charges for human resources services and resolutely crack down on malicious attempts to drive up labor prices. For enterprises that are seriously affected by the epidemic or undertake government guarantee tasks, human resources service agencies are encouraged to provide recruitment services at reduced costs. Make good use of the policy of unemployment insurance to stabilize the return of jobs. For small and medium-sized and micro enterprises affected by the epidemic, the standard of layoff rate can be relaxed to benefit more enterprises. Make good use of the training fee. For the enterprises affected by the epidemic situation, if they organize employees to participate in various online or offline vocational training during the shutdown period and recovery period under the condition of ensuring the epidemic prevention safety, they can be included in the category of training according to the regulations. Make good use of the small and micro enterprise labor union funds support policy, and return the full amount of small and micro enterprise labor union funds that meet the conditions affected by the epidemic. We should make good use of the membership fees of the enterprises and refund a certain proportion of the membership fees of the enterprises that meet the requirements affected by the epidemic. We should make good use of the Union's special fund for epidemic prevention, increase the sympathy to the front-line workers, and fully mobilize the enthusiasm of workers to participate in the prevention and control of the epidemic. Guide enterprises to actively organize and carry out online free training for employees, support and help enterprises affected by the epidemic, especially small, medium and micro enterprises to carry out employee skill training and staff transfer training for enterprises in need, open all functions of "China vocational training online" platform, and provide training and teaching resources free of charge.

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