Wages of migrant workers during the epidemic

The All-China Federation of Trade Unions issued the Notice on Supporting Enterprises' Safe and Orderly Resumption of Work and Coordinating Labor Relations during the Epidemic Prevention and Control in COVID-19, requiring trade unions at all levels to further support enterprises' safe and orderly resumption of work and coordinate labor relations during the epidemic prevention and control. The notice requires that the legitimate rights and interests of employees should be effectively safeguarded. It is necessary to supervise enterprises to fulfill their obligations to pay wages to employees during the period of legal isolation medical care, and flexibly pay wages to employees who are arranged to work at home according to their wages during normal work. For workers who have been delayed to return to work or have not yet returned to work due to the epidemic, but still can't provide normal labor after taking various vacations or other workers who can't provide normal labor, take the initiative to guide the trade union or employee representatives of the enterprise to negotiate with the enterprise and pay wages and living expenses with reference to the relevant provisions of the state on wage payment during shutdown and shutdown. The circular stressed that it is necessary to actively assist in stabilizing employment. For workers who cannot provide normal labor due to epidemic prevention and control measures, urge enterprises not to terminate labor contracts or return dispatched workers during the epidemic prevention and control period.

If the production and operation of enterprises are difficult due to the epidemic situation, it is necessary to guide the trade unions and staff representatives of enterprises to negotiate with enterprises, and stabilize jobs by means of salary adjustment, rotation and rest, and shortening working hours. Special funds for epidemic prevention can focus on providing necessary support for the transportation organization and services of migrant workers in returning enterprises, and cooperate with the government and enterprises to carry out services such as remote accurate post push and peer-to-peer rework. The notice pointed out that it is necessary to fully support scientific prevention and control of the epidemic. Supervise and assist enterprises to provide necessary labor protection conditions for employees, help coordinate and solve problems such as the purchase of prevention and control materials, educate and guide employees to abide by epidemic prevention and control regulations, and provide psychological counseling and emotional support for employees. We must persist in coordinating labor relations according to law. Give full play to the role of labor law supervision of trade unions, and support and cooperate with the government and enterprises to implement labor laws and regulations and policies and measures to resume work and production during the epidemic prevention and control period through labor law supervision opinions and suggestions and labor law physical examination. With regard to the wages during the epidemic period you inquired about, Article 2 of the Notice of the General Office of Ministry of Human Resources and Social Security on Properly Handling the Labor Relations during the Prevention and Control of Pneumonia Infection in novel coronavirus (No.5 [2020] of the People's Social Welfare Department) stipulates that if an enterprise stops production during the wage payment period, it shall pay wages 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. The living standard of our city is not less than 70% of the monthly minimum wage of employees in the place where the labor contract is performed.

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Regarding the rest during the epidemic period you consulted, different regulations apply according to the working hours system implemented in your post. Relevant national policies encourage enterprises to negotiate with employees during the delayed resumption of work, and adopt such methods as telecommuting at home, online vocational training, or making overall arrangements for employees' annual leave, taking turns and adjusting the use of rest days during the year to maintain the stability of labor relations.