The enterprise has issued an employment notice to the workers, can we cancel the employment on the grounds of epidemic prevention and control?
Answer: No.The issuance of an employment notice by an enterprise to a worker is a unilateral legal act and binding on the enterprise.If the employee and the enterprise have reached an employment intention before the epidemic prevention and control period, but have not actually employed, according to Article 7 of the Labor Contract Law, the two parties have not established labor relations, and employment can be postponed until the enterprise resumes work.
twoQ:
Can the enterprise return the dispatched employees on the ground of epidemic?
Answer: The enterprise shall not return the dispatched workers of COVID-19 patients, suspected patients, close contacts or those who cannot provide normal work due to the isolation measures and other emergency measures taken by the government to the labor dispatch unit under the circumstances specified in Articles 40 and 41 of the Labor Contract Law.The wages and benefits of the dispatched workers during their stay in the employing unit shall refer to the relevant policies of the employing unit for direct employment.
threeQ:
Can enterprises affected by the epidemic apply for the implementation of the comprehensive working hour system?
Answer:Enterprises affected by the epidemic can apply for the implementation of the comprehensive working hour system according to the needs of production and operation, and maintain normal production and operation by means of concentrated work and rest.Enterprises that apply for comprehensive calculation of working hours for the first time shall be examined and approved according to the requirements of notification and commitment system and democratic procedures according to law.For enterprises that have implemented the system of comprehensive calculation of working hours, if the time limit for approval expires in 2022, the validity period of the original approval can be extended with the consent of the trade union and the report to the approval department.
fourQ:
If enterprises that implement the comprehensive calculation of working hours need to work overtime due to epidemic prevention and control, should they pay overtime wages?
Answer: Enterprises that implement the system of comprehensive calculation of working hours can reasonably arrange overtime hours on the premise of ensuring the health and labor safety of workers due to the needs of epidemic prevention and control.In case of overtime work on statutory holidays, the overtime pay shall be no less than 300% of the daily or hourly wage base;For overtime work of other time, it is determined whether the total number of working hours in a calculation cycle exceeds the statutory standard working hours. If not, overtime pay will not be paid. If not, overtime pay of no less than 150% of the hourly wage base will be paid according to the extended working hours.
fiveQ:
Can the enterprise refuse employment or return to work because the worker has suffered from COVID-19?
Answer:may not.Article 16 of the Law on the Prevention and Control of Infectious Diseases stipulates that no unit or individual may discriminate against patients with infectious diseases, pathogen carriers and suspected patients with infectious diseases.Article 30 of the Employment Promotion Law stipulates that employers shall not refuse to employ personnel on the ground that they are carriers of infectious diseases;Article 62 stipulates that, in case of employment discrimination in violation of the provisions of this Law, workers may bring a lawsuit to the people's court.Therefore, if a worker is cured after suffering from COVID-19, the employer shall not refuse to hire or return to work on the ground that he has suffered from the above infectious diseases, and shall not conduct any employment discrimination.
sixQ:
What if the enterprise wants to start work and the workers are unwilling to return to work?
Answer: The enterprise needs to provide necessary epidemic prevention protection and labor protection measures to properly arrange working hours when starting work.If the employee cannot provide normal labor temporarily due to isolation, treatment or emergency measures taken by the government, the enterprise shall not terminate the labor contract or return the dispatched workers.For employees who are unwilling to return to work, the trade union of the enterprise shall timely publicize the requirements of epidemic prevention and control policies and the importance of the enterprise's return to work, and actively encourage employees to return to their posts in time.If the employee refuses to return to his post after persuasion is invalid or for other improper reasons, the enterprise may handle it according to law.
sevenQ:
Can the enterprise arrange workers to extend working hours due to the need of epidemic prevention and control?
Answer:For enterprises that need to work overtime urgently to undertake the government's task of epidemic prevention and control, on the premise of ensuring the health and labor safety of workers, the enterprise may, through consultation with the trade union and employees, appropriately extend the working hours to respond to emergency production tasks. According to law, they are not subject to the restrictions of extended working hours, but should pay overtime wages according to law.
eightQ:
Can protective articles such as masks and gloves issued by enterprises to workers be included in wages and salaries?
Answer: According to the announcement jointly issued by the Ministry of Finance and the State Administration of Taxation on February 7, 2020, the medicines, medical supplies, protective equipment and other physical objects (excluding cash) issued by units to individuals for the prevention of COVID-19 are not included in wages and salaries.
nineQ:
Is it work-related injury for workers to catch COVID-19 on the way to and from work?
Answer: According to the sixth paragraph of Article 14 of the Regulations on Industrial Injury Insurance, those who are injured in traffic accidents or urban rail transit, passenger ferry or train accidents that are not their main responsibility on the way to and from work belong to industrial injuries.Therefore, if a worker is injured on the way to and from work for reasons other than the above, it is not an industrial injury.
tenQ:
What should we do if we fail to apply for retirement procedures in time due to the epidemic situation and overpaid the social security premiums after exceeding the statutory retirement age?Will the pension be reissued?Will late holding affect retirement benefits?
Answer: If the insured employees reach the statutory retirement age and meet the retirement conditions, if they fail to apply for retirement in time and overpay the social security fees, the part of the fees will be returned to the unit.For those who fail to apply for retirement in a timely manner, they will receive a retroactive pension from the next month after retirement. Late retirement will not affect their benefits.
elevenQ:
What should we do if urban and rural residents cannot go to villages/communities for basic endowment insurance registration in 2022 during the epidemic?
Answer:The basic endowment insurance for urban and rural residents is subject to annual payment, and the insured can go through the insurance payment procedures in 2022.New insured personnel can log in the online service hall of Jiangsu People's Social Security during the epidemic.
Online process: Jiangsu People's Social Security Online Service Hall → Personal Service → Social Insurance → Urban and Rural Residents Service → Insurance Registration.
If there are any matters not covered in the above reply or the superior department has other new regulations, their provisions shall prevail.
The second phase of the "epidemic question and answer" series of the Municipal Human Resources and Social Security Bureau has been launched"Kunshan citizens"and"No.1 Kunshan" APPThe home page has also launched relevant channels, welcome to inquire.