Can the employer arrange for workers to extend their working hours due to the need of epidemic prevention and control?
Yes, but it is necessary to ensure the health and labor safety of workers. Article 41 of the Labor Law stipulates that due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and laborers, generally not exceeding one hour per day; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers. Article 42 of the Labor Law stipulates that under any of the following circumstances, the extension of working hours is not restricted by the provisions of Article 41 of this Law: natural disasters, accidents or other reasons threaten the life and health and property safety of workers and need urgent treatment; Production equipment, traffic lines and public facilities are out of order, which affects production and public interests and must be repaired in time; Other circumstances stipulated by laws and administrative regulations. The Opinions of china enterprise confederation, Ministry of Human Resources and Social Security All-China Federation of Trade Unions and China Entrepreneurs Association of the All-China Federation of Industry and Commerce on Stabilizing Labor Relations and Supporting Enterprises to Resume Work during the Prevention and Control Period in novel coronavirus pointed out that enterprises in urgent need of overtime should be instructed to negotiate with trade unions and employees on the premise of ensuring the health and labor safety of employees, and their working hours can be appropriately extended to cope with emergency production tasks without legal restrictions.
Because of the epidemic prevention and control, is it necessary for employers to pay overtime pay for comprehensive working hours?
If the employing unit that implements the comprehensive calculation of working hours needs to work overtime due to epidemic prevention and control, and works overtime on legal holidays, it shall pay overtime wages not less than 300% of the daily or hourly wage base; Working overtime at other times depends on whether the comprehensive calculation of working hours exceeds the total number of legal standard working hours. If it doesn't exceed, you don't have to pay overtime. If the overtime is exceeded, the overtime pay shall not be less than 150% of the hourly wage base according to the extended working hours.
Is it necessary to pay overtime wages for employers who implement irregular working hours because of epidemic prevention and control?
If the employing unit that implements irregular working hours needs to work overtime due to epidemic prevention and control, it shall not pay overtime wages. Paragraph 4 of Article 13 of the Interim Provisions on Wage Payment stipulates that the above provisions shall not be implemented for workers who implement the flexible working system. "The above provisions" refer to the overtime pay of 150%, 200% and 300% which are not lower than the wages specified in the first paragraph of this article respectively. Article 23 of the Regulations on Payment of Wages of Enterprises in Shandong Province stipulates that the provisions of these Regulations on overtime pay are not applicable to enterprises that implement the flexible working system.