How to pay for the wages of the isolated person?Can the probation period be postponed?

How to pay for the wages of the isolated person? Can the probation period be postponed?

Provincial Department of Human Resources and Social Security Answer the issue of labor contracts during the epidemic situation

In order to efficiently do a good job of preventing and controlling the normalized epidemic and economic and social development, and promoting resumption of work and re -production, on September 22, the Provincial Department of Human Resources and Social Security carried out issues such as labor contracts, labor employment, and salary and benefits that enterprises and workers cared about. policy analyzing.

Labor contract issue

How to deal with the issue of labor contracts?

Enterprises affected by the epidemic and workers who are recruited cannot be concluded or renewed in a timely manner in accordance with the law, and the time for a written labor contract through negotiation can be reasonably extended to establish a written labor contract. Enterprises are negotiated with workers, and they can establish a written labor contract in the form of electronic forms.

What should I do to deal with the issue during the probation period?

If the impact of the epidemic has caused the original labor contract to be unable to perform, the enterprise and the workers are negotiated and can change the labor contract in accordance with the law. Patients with new crown pneumonia, pathogen carriers, suspected patients, and close contacts are not calculated as a medical period. If the treatment is still needed to stop the treatment after the end of the treatment, the medical period is calculated from the date of continuing treatment. If the laborers who are affected by the epidemic cannot provide normal labor during the probation period, the enterprise and the workers will negotiate, and the probation period can be postponed accordingly, but the postponement time should not exceed the time that the workers cannot provide normal labor.

What should I do if the contract is terminated?

Patients with new crown pneumonians, pathogens, suspected patients, close contacts, and laborers who are not allowed to provide normal labor in accordance with the government's implementation of quarantine measures or other emergency measures in accordance with the law. Essence Enterprises that are not restricted by the relevant regulations of the epidemic prevention and control during the prevention and control of the epidemic and enterprises with the conditions for resumption of work should be informed of the epidemic prevention and control measures that the workers have taken, the importance of re -work in the company, and persuading workers to return to the post in time. Under the premise of providing necessary epidemic prevention measures and labor protection, workers who refuse to return to the job for invalidation and reasons for invalidation can be terminated in accordance with the relevant provisions of the Labor Contract Law to terminate the labor contract in accordance with the law. During the epidemic, employers or workers shall notify the other party in advance to terminate the labor contract according to law, but those who are really difficult can notify the other party in writing 30 days in advance by fax, email, text message, WeChat and other methods. Employers and workers should pay attention to the relevant evidence of fully retaining the obligations of the notification obligations.

How to deal with the issue of contract termination? Patients with new crown pneumonians, pathogen carriers, suspected patients, close contacts, and laborers who are not provided by the government can not provide normal labor in accordance with the law. If the labor contract expires, it will be postponed to the end of the workers' isolation treatment period, medical observation period, expiration of the expiration period, or the emergency measures adopted by the government.

Wage payment issue

What should I do if the salary payment of the isolated person in accordance with the law should be dealt with?

According to the infectious disease prevention and control law, the medical institution or government shall implement isolation measures in accordance with the law, resulting in the employee cannot provide normal labor, and the enterprise pays its salary during the isolation period according to normal labor. After the end of the isolation period, workers who still need to stop working, enterprises pay their salary in accordance with the relevant regulations of the medical period of employees.

How to pay for other workers affected by the government's emergency measures?

Provide normal labor situation: For enterprises that are not restricted by re -resumption orders, those who arrange workers during this period shall pay the wages of workers in accordance with the law. Among them, if the enterprise arranges the workers' work on the rest of the rest and cannot arrange for the rest, pay a salary of 200%of the salary of 200%of the wages of not less than the worker himself. The implementation of a special working hours system is implemented in accordance with relevant regulations. If the company arranges non -return workers who provide normal labor through telephone, network and other unpaid returns, they pay their salary according to normal labor.

Use various leaves: For enterprises to arrange workers to use paid annual leave and enterprise their own welfare leave and other types of vacations during the period of time, they will pay their salary in accordance with the provisions of related leave.

Normal labor situation cannot be provided: If the enterprise fails to resume or resumes the enterprise, but the worker fails to return to the job and cannot provide normal labor in other ways, the enterprise shall negotiate with the workers with reference to the state's relevant provisions of the salary payment during the suspension of production and suspension.

Difficulty in the production and operation of enterprises, what should be dealt with?

If the affected by an enterprise has caused difficulties in production and operation, it can stabilize jobs such as adjusting salary, rotation, and shortening working hours by negotiating with employees. If the outbreak is affected by the difficulty of production and operation, it has the ability to pay without wages. After negotiating with the trade union or employee representatives, the payment of the workers may be temporarily extended. The extension time generally does not exceed 30 days.

How to defend the rights of migrant workers' wages

How to defend their rights when migrant workers are arrears?

You can report or complain about the labor security supervision agency of the local Human Resources and Social Security Bureau. The labor security supervision agency will supervise and inspect the employers in accordance with the "Regulations on the Supervision of the Labor Security" and order it to pay the arrears.

What materials should be prepared for rights protection?

Try to collect all the evidence of working in the employer, such as labor contracts, wages, recent bank salary cards, work certificates, work cards, recruitment registration forms, registration forms, attendance record forms, couples promised to pay wages, etc. At the same timeBring your ID and leave an exact contact information in order to cooperate with the investigation.How to report complaints to labor security supervision and law enforcement agencies?

Reporting complaints to labor security supervision and law enforcement agencies should pay attention to the following matters.

Reporting complaint time: When migrant workers are arrears, they must be complained in time.

Location of complaints: Complaints to labor security supervision agencies to labor security supervision agencies (wages arrears).

Reporting complaint method: The complaint window can be reported to the labor security supervision through telephone, network, letter, or directly to labor security supervision.

Submitted information: Report the complaint application, the cause of wages, arrears, the number of arrears, the amount of arrears, etc., the wage roster, attendance table, salary settlement form, wage arrears and other evidence materials.

Sichuan Rule of Law Daily-Rule of Law Sichuan News Client reporter Liu Wenhui

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