Vacations during the epidemic period are calculated in different ways according to specific circumstances. For example, if you work from home, you can count it as vacation. If you do not work from home, you can take annual leave. In principle, the company arranges employees When working from home, employees should be paid normally. Assuming that employees have a fixed salary, such as a monthly salary of 10,000 yuan, no salary reduction is allowed when working from home. However, the salary structure of some units includes performance pay. Working from home reduces efficiency and some field work cannot be completed. The unit calculates performance pay (moderately reduced) based on performance appraisal, which is reasonable and legal. Due to the impact of the epidemic, companies may face some difficulties. It is legal to explain the situation to employees and allow employees to voluntarily negotiate and agree on salary reductions. However, this kind of negotiation requires employees to sign and confirm, and it is illegal to force a notice to decide a collective salary reduction for employees. Those who need to continue to recuperate at home after the expiration of the medical observation period, the expiration of the isolation period, or the end of the emergency measures taken by the government, shall enjoy a sick leave wage of no less than 80% of the minimum wage during the medical period according to the sick leave recommendations of the medical institution. (1) If the actual working experience in the unit is less than ten years, it is three months if the actual working experience in the unit is less than five years; and it is six months if the actual working experience is more than five years.
2) For those with actual working experience of more than ten years, six months for those with less than five years of working experience in the unit; nine months for those with more than five years but less than ten years; more than ten years but less than fifteen years It is twelve months for those who are more than fifteen years and less than twenty years old; it is eighteen months for those who are more than twenty years old; it is twenty-four months for those who are more than twenty years old.
What is the epidemic leave policy?
The vacation policy during the epidemic period is still in accordance with the legal provisions of the Labor Contract Law and the Labor Law and will not be affected. The employer shall not cancel the employee's right to take vacation without reason. Employees have the right to take vacations in accordance with the law, such as maternity leave, marriage leave, bereavement leave, family leave, etc. After working and providing labor, workers have the right to rest and take vacations. This is what workers are entitled to clearly stipulated in the Labor Law and Labor Contract Law. rights. Even during the epidemic, their right to rest and vacation should be protected in accordance with the law. Because holidays for epidemic prevention and control are treated as rest days, my country's "statutory" holidays total 11 days, of which: the statutory Spring Festival holiday is 3 days. The General Office of the State Council extended the 2020 Spring Festival holiday based on domestic epidemic considerations. This extended 3 days days are not legal holidays. Holidays extended by local governments based on the needs of epidemic prevention and control are rest days and not statutory holidays. Employers who come to work late can use their annual leave as an offset, which means that employees may not be able to take annual leave in the future. For employees who are unable to report to work as scheduled or companies that are unable to start production due to the epidemic, companies must be guided to proactively communicate with employees. Companies with conditions can arrange for employees to work from home through flexible working methods such as telephone and the Internet to complete work tasks; for those who do not have the qualifications, Companies with remote working conditions will negotiate with employees to give priority to paid annual leave, company-created welfare leave and other types of leave. ?
It is recommended not to leave the province during the epidemic to avoid potential risks to the safety of yourself and your family. Due to the impact of the epidemic, companies may face some difficulties. Explain the situation to employees, and employees will voluntarily agree to reduce their salaries. From a legal perspective It is allowed
Legal basis: Article 40 of the "Labor Contract Law of the People's Republic of China" If any of the following circumstances occurs, the employer shall notify the employee or employee in writing 30 days in advance. The labor contract can be terminated after paying an additional month's salary to the employee:
(1) The employee is sick or injured not due to work and cannot engage in the original job after the prescribed medical period expires, nor can he engage in any other work for any reason. The employer arranges work separately;
(2) The employee is not qualified for the job and is still not qualified for the job after training or adjusting the job position;
(3) Conclusion of labor contract There has been a major change in the objective circumstances on which the employment contract was based, making it impossible to perform the labor contract, and the employer and the employee failed to reach an agreement on changing the contents of the labor contract after negotiation.
Article 42 of the "Law of the People's Republic of China on the Prevention and Control of Infectious Diseases" When an infectious disease breaks out or becomes popular, the local people's government at or above the county level shall immediately organize forces to carry out prevention and control in accordance with prevention and control plans , cut off the transmission route of infectious diseases, and when necessary, upon reporting to the people's government at the next higher level for decision, the following emergency measures may be taken and announced: (1) Restrict or stop performances in markets, theaters, or other crowd gathering activities; (2) Suspension of work, business, and classes; (3) sealing or sealing public drinking water sources, food, and related items contaminated by infectious pathogens; (4) controlling or culling infected wild animals, livestock and poultry; (5) sealing Places that may cause the spread of infectious diseases.
Article 45: When an infectious disease breaks out or becomes popular, the State Council shall have the authority, based on the needs of infectious disease control, to organize nationwide or cross-provincial, autonomous region, or municipality-level local people's governments at or above the county level. The authority has the right to urgently mobilize personnel or reserve materials within its own administrative region, and temporarily requisition houses, transportation vehicles and related facilities and equipment.