1、 What's the difference between extending the holiday and delaying the return to work?
Answer: 1. Extend the Spring Festival holiday: The State Council has decided to extend the 2020 Spring Festival holiday, that is, from January 31 to February 2 (from the seventh day of the first month to the ninth day of the first month), which is a holiday enjoyed by the whole people. The extended time is a holiday.
2. Delayed resumption of work: The purpose of delaying the resumption of work of enterprises in Shandong Province is to effectively reduce the concentration of personnel and block the spread of the epidemic. It is a measure of production suspension and work stoppage in combination with the needs of epidemic prevention and control in Shandong Province, not a holiday.
Although the concept and nature of the two are different, it does not mean that enterprises can only implement the extension of the Spring Festival holiday and not implement the delayed resumption of work in Shandong Province (except for enterprises not subject to the restrictions on delayed resumption of work).
2、 How is the salary paid on New Year's Eve?
Answer: January 24th (New Year's Eve) is a compensatory leave, and January 19th is a compensatory leave. According to the provisions of Item (2) of Article 44 of the Labor Law, if the enterprise is unable to arrange compensatory time off for employees to work, it shall pay no less than 200% of the salary.
3、 How is the salary paid from the first day to the third day of the first month?
Answer: January 25-27 (from the first day to the third day of the first month of the first month) is a statutory holiday. According to the provision of Item (3) of Article 44 of the Labor Law, if employees are arranged to work, the enterprise should pay no less than 300% of the salary.
4、 How is the salary paid from the fourth day to the sixth day of the first month?
Answer: January 28-30 (from the fourth day to the sixth day of the first month) belongs to compensatory leave. According to the provision of Item (2) of Article 44 of the Labor Law, if employees are arranged to work, and the enterprise cannot arrange compensatory leave, they will be paid no less than 200% of their wages.
5、 How is the salary paid from the seventh day to the ninth day of the first month?
Answer: January 31 February 2 (the seventh to ninth day of the first month) is the extended Spring Festival holiday. According to the provisions of Article 1 of the Notice on Properly Handling Labor Relations Issues during the Prevention and Control of the Pneumonia Epidemic Caused by the New Coronavirus (YRSF [2020] No. 3), the enterprise shall arrange compensatory leave for employees who cannot take a leave due to the prevention and control of the epidemic. If it is impossible to arrange compensatory leave, it shall pay no less than 200% of the salary.
6、 How is the salary paid from the 10th to the 16th day of the first month?
Answer: February 3-9 (the 10th to 16th day of the first month) is the period of delayed resumption of work in Shandong Province. According to the provisions of Article 3 (3) of the Notice on Properly Handling Labor Relations during the Prevention and Control of the Pneumonia Epidemic Caused by New Coronavirus (QRSF [2020] No. 3):
1. For the employees of the delayed resumption enterprise, the enterprise shall pay wages according to the standards specified in the labor contract.
2. For enterprises that meet the regulations and are not subject to the restriction of delayed resumption of work, if employees provide labor, the enterprise shall pay labor remuneration in full and in time. If the period is a rest day, if the enterprise arranges employees to work but cannot arrange compensatory leave, it shall pay no less than 200% of the salary.
7、 How will the salary be paid after the 17th day of the first month?
A: After February 10 (after the 17th day of the first month), after the resumption of work, according to the provisions of Article 3 (2) and (3) of the Notice on Properly Handling Labor Relations during the Prevention and Control of Pneumonia Infected with New Coronavirus (YRSF [2020] No. 3):
1. The enterprise may give priority to the arrangement of annual leave for employees who fail to rework in time due to the epidemic situation. During the annual leave period, employees enjoy the same salary income as during the normal working period. If the employee has not reworked for a long time, the salary payment during that period shall be negotiated between the enterprise and the employee.
2. If an enterprise is affected by the epidemic situation and has to stop work or production within a wage payment cycle, it shall pay wages to employees according to the standards specified in the labor contract; If the wage payment period exceeds one, and the enterprise arranges employees to work, the wage shall be paid according to the newly agreed standard, but not lower than the minimum wage standard of this city; If the enterprise has not arranged for the employees to work, it shall pay the basic living expenses of the employees at no less than 80% of the minimum wage standard of this Municipality. (The minimum wage in Jimo District, Qingdao is 1910 yuan/month)
8、 How is the salary paid during the period of worker isolation?
Answer: According to Article 3 (1) of the Notice on Properly Handling Labor Relations during the Prevention and Control of the Pneumonia Epidemic Caused by New Coronavirus (YRSF [2020] No. 3) and the relevant regulations of the state, province and city on medical treatment period and sick leave wages If the close contacts cannot provide normal labor during their isolation treatment or medical observation, as well as because the government implements isolation measures or takes other emergency measures, the enterprise shall treat them as providing normal labor and pay them for normal working hours.
9、 How will the wages be paid after the worker's isolation period?
Answer: After the end of the isolation period, the enterprise will pay sick wages or sickness relief fees to the employees who still need to stop working for treatment according to the relevant provisions of the medical treatment period of the employees.
10、 What about labor contracts?
Answer: For patients with COVID-19, suspected patients and close contacts who cannot provide normal labor due to isolation treatment or medical observation, as well as the implementation of isolation measures or other emergency measures by the government, enterprises shall not terminate labor contracts with employees according to Articles 40 and 41 of the Labor Contract Law. During this period, if the labor contract expires, it shall be extended to the expiration of the employee's medical treatment period, medical observation period, isolation period or the end of the emergency measures taken by the government.
Source: Jimo District Human Resources and Social Security Bureau
Consultation hotline of Labor Relations Coordination Section of Jimo District Human Resources and Social Security Bureau: 88531467