● During the period of home isolation for employees who have become regular employees, the enterprise must pay their remuneration according to the normal labor during this period, and may not deduct themselves. If the salary and treatment of employees are appropriately reduced, it shall be agreed with the employees through consultation. The rights and interests of employees should be protected according to law.
Under the background of resuming work and production on the one hand and preventing and controlling epidemic situation on the other, enterprises should make full use of the advantages of telecommuting in the digital age and optimize telecommuting management, instead of excluding telecommuting or managing telecommuting by on-site office.
With the continuous liberalization of the epidemic, the state no longer takes compulsory measures against positive patients, so if you are Yang, can you not go to work? What should company leaders do if they force positive patients to go to work? My colleague is Yang, but I don't have Yang. Can I not go to work? Unfortunately, so far, there is no clear policy basis for COVID-19's active work. In other words, COVID-19 is now regarded as a widespread common cold. If it is positive and has symptoms, it is called sick leave. If it is not positive or has no symptoms, it is necessary to continue working in most cases.
A few days ago, Chen Zheng, an employee of an Internet company in Shanghai, felt unwell and tested positive for antigen, so she applied to the company for a week's home office. However, the unit suggested that you can not go to the office unless you ask for personal leave. "Finally, I took a personal leave to work at home. I have done a lot of work, but my salary is only 70% of usual. " Chen Zheng was puzzled by this.
With the adjustment and optimization of epidemic prevention and control policies, many places no longer check nucleic acid test results and health codes in their work. Omicron is highly contagious and its pathogenicity decreases. Many employees of companies will choose to work from home after being infected. However, how to calculate the salary of home office is different for each company in practice.
According to public reports, some companies work at home for one to two weeks, positive employees can work at home until they recover, and people who live with them can work at home until they turn cloudy, and they will get full salary during their work at home; Some companies clearly have to punch in at work, but if they want to stay at home, they can only ask for leave, and they have to pay 50% to 80% of the full salary, or even the minimum wage.
How to calculate the salary of employees who live at home after retirement? The reporter of Rule of Law Daily recently interviewed a number of experts to answer this question.
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Infected COVID-19's home office and paid according to regulations.
There are more and more people in the office, and Zhang Yang, who works in an IT company in Beijing, is more and more worried. At the same time, there are still a series of questions bothering him: "If I really get infected with COVID-19 because of commuting, is this a work-related injury?" Can I refuse to go to work or travel for fear of infection? "
In June 5438+October 2020 10, Ministry of Human Resources and Social Security issued the Notice on Doing a Good Job in Protecting Medical Care and Related Staff Infected by novel coronavirus in Performing Their Duties, which stipulated that in the prevention and treatment work, medical care and related staff who were infected with COVID-19 pneumonia or died of infection in performing their duties should be recognized as work-related injuries and enjoy treatment of work-related injury insurance according to law.
Lawyer Sitar tan told the reporter that according to the relevant provisions of the Notice and the Regulations on Work-related Injury Insurance, it is difficult to include new crown pneumonia in the scope of work-related injury identification except for medical and related staff.
"It is also difficult for employees to refuse the company's reasonable work arrangements, including business trips, for fear of being infected. This is an obligation that employees should fulfill as workers. " Sitar tan said that in a special period, the unit should also consider the arrangement of business trip reasonably. If it can be delayed, it is inevitable to remind and help employees to do the necessary protection. Once an employee is infected on a business trip, the unit should pay wages normally and bear normal business trip subsidies.
These two days, JASON ZHANG's nucleic acid test results were positive, and he was somewhat relieved. The new question that comes with it is, how to calculate the salary when you take a vacation at sunrise or work at home?
Shen Jianfeng, Dean of the Law School of China Institute of Labor Relations, said that although the epidemic prevention and control policies in China are constantly being optimized, the basic nature of Class A management of Class B diseases in COVID-19 has not been adjusted, nor has the labor policy based on the COVID-19 Epidemic Prevention and Control Law. According to Article 4 1 of the Law on the Prevention and Control of Infectious Diseases and the previous regulations of Ministry of Human Resources and Social Security and other departments, "employees of enterprises who can't provide normal labor during isolation treatment or medical observation, as well as enterprises that take isolation measures or other emergency measures because of the government, shall pay their employees labor remuneration during this period, and shall not terminate their labor contracts according to the provisions of Articles 40 and 41 of the Labor Contract Law".
"Therefore, during the home observation of positive patients, wages should be paid according to this regulation. As for the wage standard, the current legal policy does not clearly stipulate that it should be a basic salary and does not cover performance pay, because performance pay is a special income for paying special labor. " Shen Jianfeng said.
Yang Baoquan, a member of the Labor and Social Security Professional Committee of Beijing Lawyers Association and a senior partner of Beijing Bank of China Law Firm, told the reporter that taking Beijing as an example, according to Article 10 of the Beijing Higher People's Court's "Beijing Labor and Personnel Dispute Arbitration Committee's Answer on Applicable Legal Issues in the Trial of Labor Dispute Cases in novel coronavirus's Prevention and Control Work", Combined with the "Ten Articles of New China": the employer may not pay the fixed components such as basic salary and post salary in the normal working hours, and may not pay the non-fixed components such as performance, bonus and commission, as well as the car supplement and meal supplement related to actual attendance. However, during the above period, if the employer arranges the above-mentioned personnel to work flexibly, the labor remuneration shall be paid according to the normal attendance of the workers.
"This means that if the employee is young, the company can arrange for him to work at home if the physical conditions permit. During working at home, employees should be regarded as normal attendance. At this point, the enterprise should pay the normal wages of employees. If employees are not arranged to work at home or cannot be arranged to work at home, such as couriers, enterprises should pay a fixed part of the salary, such as basic salary+post salary, instead of paying only the basic salary, involving performance, bonuses, commissions and other non-fixed parts, without paying meals and car supplements related to attendance. " Baoquan Yang analyzed.