Recently, with the tightening of the epidemic prevention and control situation in Beijing, many enterprise employees were quarantined and observed at home due to "pop-up windows", or although they held "green codes" without pop-up windows, they were taken closed management and other related measures due to epidemic prevention and control requirements. During this period, hot issues such as employee holidays, wage payment, enterprise employment, and the handling of labor relations have attracted much attention.

The stability of labor relations is the foundation of social stability, which is related to people's livelihood and affects thousands of families. At the same time, the employer as a business entity is an important force in social development. In this special period, in order to cooperate with the epidemic prevention and control work, Beijing Huixiang Law Firm organized various professional lawyers to study the legal and practical issues involved in the epidemic prevention and control period, and combined with the typical labor dispute cases that occurred during the epidemic prevention and control period in Beijing, wrote and sorted out the common problems related to labor compliance and labor relations during the epidemic prevention and control period.Involving employment management issues,The issue of wage payment is involved.,Involving the issue of termination of labor contractandInvolving work-related medical problemsFour major topics, in the form of question and answer to give suggestions, in order to provide reference and guidance to employers and workers, hoping to further promote the harmony and stability of labor relations.

This time I will bring you the second issue of "Wage Payment". In the future, I will continue to launch "Labor Contract Dissolution" and "Work Injury Medical Treatment" and other topics. I look forward to your attention.

01As a result of the epidemic control, workers are arranged to work at home, can employers unilaterally reduce the wage standards of workers?

Answer:In addition to the reduction of wage standards through consultation with the employer, it is normal for workers to work at home, and the employer shall not unilaterally decide to reduce the wage standard of workers.

02Can a worker apply to the employer for overtime pay during the period of working at home?

Answer:During the period of working at home, if the worker applies for overtime and is approved by the employer, and there is a fact of overtime, the worker can apply to the employer for overtime payment.

03How are workers paid during the period of quarantine observation due to epidemic control?

Answer:The isolation observation period shall be handled in two cases:

(1) Isolated but home office provides normal work.Workers shall be paid according to their normal attendance.

(2) Failure to provide normal labor during the period of isolation.The employer may arrange for workers to give priority to the use of paid annual leave and other types of leave (including the welfare leave set by the employer) and pay labor remuneration in accordance with the relevant leave regulations or the normal attendance of workers; or reduce the wage standard through consultation with the workers, but it shall not be lower than the minimum wage standard of this city.

For those who have neither annual leave nor agreed to reduce the wage standard: if the working time is not provided within one month, the employer shall pay the fixed components such as basic wages and post wages during the normal working period of the laborer, and may not pay the non-fixed components of the labor remuneration such as performance, bonus and commission, as well as car subsidies and meal subsidies related to actual attendance, but shall not be lower than the minimum wage standard of this city. If the labor time is not provided for more than one month, within a wage payment cycle, the employer shall pay the laborer's wages in accordance with the provision of normal labor.

04During the epidemic prevention and control period, can workers refuse the employer's arrangement of requiring workers to travel to medium-and high-risk areas?

Answer: Yes.During the prevention and control of the epidemic, the medium-and high-risk areas belong to the risk areas of the outbreak, which pose a greater threat to the health of workers and are risky in nature. According to the Labor Law, workers can refuse the arrangement of the employer to force risky operations.

05For pneumonia patients and pathogen carriers (asymptomatic infected persons) infected with novel coronavirus, how are wages paid during their treatment or medical observation?

Answer:It shall be handled in two cases:

(1) The employer shall operate normally.The employer shall pay the fixed components such as basic wages and post wages in the labor remuneration during the normal working period of the laborer, and may not pay the non-fixed components of the labor remuneration such as performance, bonus and commission, as well as the car supplement and meal supplement related to the actual attendance, but shall not be lower than the minimum wage standard of this city. Except where it provides labor through flexible forms of employment.

(2) the employer to suspend business.In a wage payment cycle, the employer shall pay the wages of the laborers in accordance with the provision of normal labor; if the wage payment cycle exceeds one, the wages may be paid according to the labor provided by the laborers and in accordance with the standards re-negotiated by both parties, but shall not be lower than the city Minimum wage standard; if the employer does not arrange for workers to work, the basic living expenses of the laborers shall be paid at least 70% of the city minimum wage standard.

06Employers due to the epidemic prevention and control period of wage payment and other policies are not thorough enough, resulting in the labor remuneration of workers less or missed, workers can therefore propose to terminate the labor contract and require the employer to pay economic compensation for the termination of the labor contract?

Answer:There is a reasonable understanding deviation between the employer and the laborer on the calculation standard of wage treatment during the epidemic prevention and control period, which leads to the low or omission of the labor remuneration of the laborer, the employer does not have malicious or gross negligence, and the laborer's request for the employer to pay the economic compensation for the termination of the labor contract should not be supported.

Warm Tip: This question and answer is based on the actual situation in Beijing, combined with the relevant labor policies and labor characteristics in Beijing. Labor employment laws and policies have strong regional characteristics, and local policies are different. If the relevant regulations, understandings, understandings or judicial practices in other regions are inconsistent with the content of this answer, they shall be implemented in accordance with local regulations.

Author Introduction

Lawyer Shandan, Deputy Director of the Management Committee of Beijing Huixiang Law Firm, Director of the Professional Committee of Labor Dispute and Social Security Law.

Field Specialty:
Labor and personnel disputes;
matrimonial and family legal services;
related fields such as company law;

Social duties:
1. Deputy Director of the Rights Protection Committee of Beijing Chaoyang District Lawyers Association;
2. Part-time arbitrator of Beijing Labor and Personnel Dispute Arbitration Commission;
3. Deputy Director of Labor Law Professional Committee of Beijing Lawyers Association;
4. Members of the petition mediation expert group of Beijing High Court, Beijing Municipal Bureau of Justice and Beijing Lawyers Association;
5. Director of Beijing Labor and Social Security Law Branch;
6. Member of Beijing Labor and Social Security Law Society.

Personal Honor:
1. once won the "outstanding member of the disciplinary committee of the beijing lawyers association";
2. Has won the "Beijing Haidian District Lawyers Association Training Committee Outstanding Contribution Award";
3. It has been awarded the title of "Beijing 'Excellent Labor Lawy' Professional Lawyer" by Beijing Lawyers Association.

achievements in scientific research and legislation:   
1. Participated in the discussion of "Beijing Labor Contract Regulations", "Work Injury Insurance Regulations" and "Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases" for opinions;
2. On August 1, 2009, China Legal Publishing House published a professional book on labor law-"A Look at the Picture of Labor Law";
3. Published many articles in the field of labor law in the Journal of Beijing Labor and Social Security Law Association and books and journals in professional fields;
4. Served as editorial board in "Beijing Lawyer Professional Warning Record" and "Beijing Lawyer Disciplinary Work Collection;
5. Author of the book "Legal Practice and Case Study of Enterprise Labor Disputes.

Public welfare undertakings:
1. Hired by China Public Interest Litigation Network as "Pro bono (Public Interest) Internship Project Tutor for Law Students";
2. Hired by the All-China Women's Federation as "Women in the Ministry of Rights and Interests-Expert Guidance Member of Legal Rights Protection";
3. MH370 Malaysia Airlines lost contact expert negotiation group members.

Tan Linlin, Intern lawyer of Beijing Huixiang Law Firm, member of Labor Dispute and Social Security Law Committee of Huixiang Law Firm. Have a solid foundation in law, good at contract review and civil and commercial disputes and other fields. Since engaging in the legal profession, it has always been adhering to the purpose of providing high-quality and efficient legal services, a serious and responsible work attitude and a rigorous and meticulous work style. It has provided a lot of effective legal assistance to various customers, solved a large number of practical problems, and was well received by customers.

Field Specialty:
Labor and personnel disputes;
related fields such as company law;