How should wages be paid during the period of COVID-19 infection?
1
How to pay during the period of becoming a regular employee at home?
Cai Fei, deputy director of Guangzhou Jin Peng Law Firm and director of the Labor Law Professional Committee of Guangzhou Lawyers Association, pointed out that no matter during the period of home isolation or centralized isolation, the unit should pay employees' wages according to the standard of "normal labor".
Cai Fei said that Article 1 of 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 clearly stipulates that enterprises should pay wages to infected patients, suspected patients and close contacts in novel coronavirus, as well as employees of enterprises who are unable to provide normal work during isolation treatment or medical observation due to the government's isolation measures or other emergency measures.
In addition, Ministry of Human Resources and Social Security, the All-China Federation of Trade Unions, china enterprise confederation, China Entrepreneurs Association and the All-China Federation of Industry and Commerce jointly issued the Opinions on Stabilizing Labor Relations and Supporting Enterprises to Resume Work during the Prevention and Control Period in novel coronavirus, stipulating that employees who cannot provide normal labor due to legal isolation should be instructed to pay wages according to normal labor.
2
What are the "standards for paying family salaries"?
Is it legal?
(1) Pay according to the sick pay standard, and submit the diagnosis certificate of the 3A hospital.
Mr. Zhu, an art designer of a marketing company in Nanjing, told the reporter that his company stipulated that during his stay at home, he was paid according to the sick pay standard, that is, 80% of the basic salary. The approval of sick leave requires confirmation from a regular hospital. The reporter noticed that many netizens gave feedback on social media, and their units also stipulated that wages should be paid according to sick leave. Some units also require the submission of confirmation certificates from top three hospitals.
Cai Fei said that it is illegal to pay wages on sick leave. "According to the' New China Ten Articles', the epidemic prevention policy has changed a lot, and employees can choose to be isolated at home. Moreover, with the change of control, the number of infected people may increase greatly, and the pressure on enterprises will also increase. So many people think that isolation at home is paid according to sick pay. But,
Home isolation is also isolation, which is a national mandatory requirement. As long as the epidemic prevention plan and wage payment rules have not changed, wages cannot be paid according to sick leave standards.
"
What is the sick pay standard? The Opinions on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC) stipulates that during the treatment of employees' illness or non-work-related injuries, during the prescribed medical treatment period, enterprises shall pay their sick pay or disease relief funds in accordance with relevant regulations, which can be paid below the local minimum wage, but not less than 80% of the minimum wage.
Cai Fei believes that the confirmation certificate submitted to the top three hospitals is unreasonable. "The unit may make such a request to prevent employees from taking sick leave, that is, falsely reporting positive." He said,
Now we advocate not going to the hospital unless necessary. In fact, it is enough to submit a positive certificate of nucleic acid testing issued by a testing institution with medical qualifications or a certificate issued by a doctor in a regular hospital.
(2) According to the basic salary or local minimum wage standard.
Mr. Bai, a copywriter of a film and television company in Beijing, told the reporter that the company issued a regulation of 5438+0 1 in June, and paid wages at home according to the Beijing minimum wage standard. In addition, many netizens report that their salary composition is "basic salary+performance", and the unit stipulates that only the basic salary will be paid during the period of becoming a regular employee at home.
Cai Fei said that although there is no legal support for only paying basic salary, most of the current precedents support this practice. The provision of "payment according to the local minimum wage standard" depends on the specific situation. If it is clearly stated in the signed labor contract that the fixed salary or basic salary is the local minimum wage standard, this is ok. Besides, this rule is illegal.
(3) Work normally at home, but work performance is discounted.
Discounting performance is also a rule that netizens give more feedback. Some netizens said that the company requires people who have turned positive to work at home, and their work performance is discounted. Performance discounts are 50%, 70% and 20%. In addition, employees of a credit card center of a bank said that if they failed to complete the performance appraisal, they would not be re-employed next year.
Cai Fei made it clear that this practice is unacceptable. First of all,
The salary of the family is not based on working at home, and you can enjoy normal labor wages when you rest at home.
Secondly,
Even if employees accept working from home, there is no reason to discount their performance as long as they can complete the work as required.
Regarding the termination or non-renewal of the contract, Cai Fei said that it was illegal. This situation is not caused by the subjective reasons of the workers, nor does it conform to the provisions of the Labor Contract Law on the dissolution of labor contracts by units.
China's "Labor Contract Law" stipulates that the employee is proved to be unqualified for employment during the probation period; Serious violation of the rules and regulations of the employer; If serious dereliction of duty or graft causes great damage to the employer, the employer may terminate the labor contract.
three
"If there is no income at home, I will go to work when I am young."
Is this idea feasible?
The reporter noticed that some netizens suggested that the positive people had no income at home, and now they don't check the nucleic acid test certificate, so they simply go to work to make money. This idea has been echoed by many people.
Cai Fei said that this idea is not desirable. COVID-19's infected people need to stay at home or concentrate on isolation, which is a mandatory requirement of the state. If employees choose to work because they know they are positive,
If the epidemic spreads and causes losses to the unit, the unit may investigate its responsibility and terminate the labor contract.
In addition,
This behavior may also violate the crime of obstructing the prevention and treatment of infectious diseases, or be investigated for criminal responsibility.