Leave during the epidemic according to the specific circumstances to make different calculations, such as home office can not be counted as a vacation, if you say that there is no home office, then you can top the annual leave, in principle, the enterprise arrangements for employees to work at home, should be normal payment of wages to employees, assuming that the employee is a fixed salary, such as 10,000 yuan per month, the home office shall not be Salary reduction. However, some units of salary composition contains performance pay, home office, efficiency is reduced, some field work, etc. can not be completed, the unit according to the performance appraisal accounting performance pay (moderately reduced) reasonable and legitimate. Because of the impact of the epidemic, enterprises may face some difficulties, to explain the situation to employees, employees voluntarily consensus pay cuts, the legal level is allowed. However, this negotiation needs to be signed by employees to confirm the mandatory notification of the decision of the employees to collectively reduce their salaries, is not legal. Those who need to continue to recuperate at home after the expiration of the medical observation period, the expiration of the quarantine period, or the end of the emergency measures taken by the government are entitled to no less than 80% of the minimum wage for sick leave pay during the medical period, according to the sick leave recommendation of the medical institution. (i) Three months for those with less than ten years of actual service, and three months for those with less than five years of service in the organization; and six months for those with more than five years of service.
(b) For those with more than ten years of actual service, six months for those with less than five years of service in the organization; nine months for those with more than five years and less than ten years; twelve months for those with more than ten years and less than fifteen years; eighteen months for those with more than fifteen years and less than twenty years; and twenty-four months for those with more than twenty years.
What is the epidemic leave policy
Leave policy during the epidemic is still in accordance with the labor contract law, the labor law of the legal provisions, unaffected. Employers shall not cancel the right of workers to take leave without reason. Employees have the right to leave in accordance with the law, such as maternity leave, marriage leave, bereavement leave, family visit leave, etc. Workers have the right to rest and take leave after working and providing labor, which is a right that workers enjoy as clearly stipulated in the labor law and the labor contract law. Even during the epidemic, their right to rest and vacation should be guaranteed according to the law. Because of the prevention and control of the epidemic vacation leave in accordance with the treatment of rest days, China's "legal" holidays *** count 11 days, of which: the Spring Festival statutory holidays for 3 days, the General Office of the State Council based on the domestic epidemic considerations and extend the Spring Festival holiday in 2020, this extension of the 3 days does not belong to the statutory holidays. Holidays extended by local governments on their own based on the need for epidemic prevention and control are rest days and are not legal holidays. Employers who delayed their work can offset their annual leave, meaning that employees may not be able to take their annual leave at a later stage. Due to the impact of the epidemic workers can not be scheduled to work or enterprises can not start production, to guide enterprises to take the initiative to communicate with employees, the conditions of enterprises can arrange for employees to work at home through the telephone, the network and other flexible work to complete the work task; do not have the conditions of telecommuting enterprises, consult with the employees to give priority to the use of paid annual leave, the enterprise's self-supporting welfare leave and other types of leave.
It is recommended not to leave the province during the epidemic, so as not to pose a hidden danger to their own safety and that of their families, because of the impact of the epidemic, the enterprise may face some difficulties, explain the situation to the employees, the employees voluntarily consensual pay cuts, the legal level is permitted
Legal basis: "Chinese People's Republic of China **** and the State Law on Labor Contracts," Article 40 of one of the following circumstances, the employer in advance of thirty days The employer may terminate the labor contract after notifying the worker in writing or paying the worker one additional month's wages:
(1) The worker is sick or injured not due to work, and after the expiration of the prescribed medical treatment period, the worker is unable to engage in the original work, or in the work arranged by the employer;
(2) The worker is unable to perform the work, and after training or adjusting the work position, the worker is still unable to perform the work;
(3) The worker is unable to perform the work.
(3) If there is a significant change in the objective circumstances under which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the worker fail to reach an agreement on changing the content of the labor contract after consultation.
"Chinese people's *** and the prevention and control of infectious diseases law" article 42 of infectious diseases outbreaks, epidemic, the local people's government at or above the county level shall immediately organize the forces, in accordance with the prevention and control plan for prevention and control, to cut off the transmission of infectious diseases, and, if necessary, reported to the people's government of the next higher level decided that the following emergency measures can be taken and announced: (a) to limit or stop the fair, theatre Performances or other activities where crowds gather; (ii) suspension of work, business and classes; (iii) closure or sealing of public **** drinking water sources, food and related items contaminated by infectious disease pathogens; (iv) control or culling of infected wild animals, livestock and poultry; (v) closure of places that may cause the spread of infectious diseases.
Article 45 In the event of an outbreak or epidemic of an infectious disease, the State Council has the right, in accordance with the needs of infectious disease outbreak control, the State Council has the right, on a national scale or across provinces, autonomous regions and municipalities directly under the Central Government, the local people's governments at or above the county level have the right to urgently mobilize personnel or call for reserves of materials, and to temporarily requisition houses, means of transportation, and related facilities and equipment in their administrative areas.
Answered on 2022-07-18
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How to count the vacation during the epidemic
Legal analysis: vacation during the epidemic according to the specific circumstances to make different calculations, such as home office can not count as a vacation, if not at home, then you can top the annual leave, in principle, the enterprise arrangements for employees to work at home, should be normal payment of wages to employees, assuming that the employee is a fixed Salary, such as a monthly salary of 10,000 yuan, home office shall not be reduced. However, some units of salary composition contains performance pay, home office, efficiency reduction, some field work, etc. can not be completed, the unit according to the performance appraisal accounting performance pay (moderately lower) reasonable and legitimate. Because of the impact of the epidemic, enterprises may face some difficulties, to explain the situation to employees, employees voluntarily consensus pay cuts, the legal level is allowed. But this negotiation needs to be signed by employees to confirm the mandatory notification of the decision of the employees to collectively reduce their salaries, not legal. Legal basis: "People's Republic of China *** and the State Labor Contract Law" Article 40 of the following circumstances, the employer 30 days in advance in writing to inform the worker himself or pay the worker an additional month's wages, can terminate the labor contract: (a) the worker is sick or injured, in the provisions of the medical period expires can not engage in the original work, and can not engage in the employer to make other arrangements for the job (a) if the worker is unable to perform his or her original job after the expiration of the prescribed period of medical treatment, or is unable to perform the job otherwise arranged by the employer; (b) if the worker is unable to perform his or her job, and after training or adjustment of his or her job position, he or she is still unable to perform his or her job; or (c) if there is a significant change in the objective circumstances under which the employment contract was concluded, rendering the fulfillment of the contract impossible, and the employer and the worker, through negotiations, fail to reach an agreement to change the contents of the contract. Article 42 of the Law of the People's Republic of China on Prevention and Control of Infectious Diseases: In the event of an outbreak or epidemic of an infectious disease, the local people's government at or above the county level shall immediately organize forces to prevent and control the disease in accordance with the preventive and control plan, and to cut off the means of transmission of the infectious disease, and, if necessary, upon the decision of the people's government at the next higher level, the following emergency measures may be taken and publicized: (1) restricting or stopping activities at fairs, performances in theaters and theaters, or other (a) restrict or stop fairs, theater performances or other activities in which crowds gather; (b) stop work, business or classes; (c) close or seal up public **** drinking water sources, foodstuffs and related articles contaminated by infectious disease pathogens; (d) control or cull infected wild animals, livestock and poultry; and (e) close off places that may cause the spread of infectious diseases. Article 45 In the event of an outbreak or epidemic of an infectious disease, the State Council shall have the right, in accordance with the needs of controlling the epidemic of the infectious disease, to urgently mobilize personnel or call for reserve materials, and temporarily requisition houses, means of transportation, and related facilities and equipment in the local people's government at or above the county level, either on a national or inter-provincial, autonomous region, or municipal level within the local administrative area.
Lawyer Lin Qiu Ling lawyer
424 views
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Epidemic leave how to count
Epidemic leave during the vacation according to the specific circumstances of the different ways of calculation, such as home office can not be counted as a vacation, if not at home, then you can top the annual leave, in principle, the enterprise arrangements for employees to work at home
Epidemic leave during the vacation according to the specific circumstances of the different ways of calculation, such as working at home can not be counted as a vacation, if not at home, then you can top annual leave. In principle, the enterprise arranged for employees to work at home, should be normal payment of wages, assuming that the employee is a fixed salary, such as monthly salary of 10,000 yuan, home office shall not be reduced salary. However, some units of salary composition contains performance pay, home office, efficiency reduction, some field work, etc. can not be completed, the unit according to the performance appraisal accounting performance pay (moderately lower) reasonable and legitimate. Because of the impact of the epidemic, enterprises may face some difficulties, to explain the situation to employees, employees voluntarily consensus pay cuts, the legal level is allowed. However, this negotiation needs to be signed by employees to confirm the mandatory notification of the decision of the employees to collectively reduce their salaries, is not legal. Those who need to continue to recuperate at home after the expiration of the medical observation period, the expiration of the quarantine period, or the end of the emergency measures taken by the government are entitled to no less than 80% of the minimum wage as sick pay during the medical period according to the medical institution's recommendation for sick leave. (i) Three months for those with less than ten years of actual service and less than five years of service in the organization; six months for those with more than five years of service. (b) For those with more than ten years of actual service, six months for those with less than five years of service in the organization; nine months for those with more than five years and less than ten years; twelve months for those with more than ten years and less than fifteen years; eighteen months for those with more than fifteen years and less than twenty years; and twenty-four months for those with more than twenty years. What is the epidemic leave policy during the epidemic leave policy is still in accordance with the labor contract law, the labor law of the legal provisions of the unaffected. Employers shall not cancel the right of workers to take leave without reason. Employees have the right to leave in accordance with the law, such as maternity leave, marriage leave, bereavement leave, family visit leave, etc. Workers have the right to rest and take leave after working and providing labor, which is a right clearly stipulated by the Labor Law and the Labor Contract Law for workers. Even during the epidemic, their right to rest and vacation should be guaranteed according to the law. Because of the prevention and control of the epidemic vacation leave in accordance with the treatment of rest days, China's "legal" holidays *** count 11 days, of which: the Spring Festival statutory holidays for 3 days, the General Office of the State Council based on the domestic epidemic considerations and extend the Spring Festival holiday in 2020, this extension of the 3 days does not belong to the statutory holidays. Holidays extended by local governments on their own based on the need for epidemic prevention and control are rest days and are not legal holidays. Employers who delayed their work can offset their annual leave, meaning that employees may not be able to take their annual leave at a later stage. Due to the impact of the epidemic workers can not be scheduled to work or enterprises can not start production, to guide enterprises to take the initiative to communicate with the staff, the conditions of the enterprise can arrange for employees to work at home through the telephone, the network and other flexible work to complete the work task; do not have telecommuting conditions of the enterprise, and the staff negotiation priority to the use of paid annual leave, the enterprise's self-supporting welfare leave and other types of leave. It is recommended not to leave the province during the epidemic, so as not to pose a hidden danger to their own safety and that of their families, because of the impact of the epidemic, the enterprise may face some difficulties, explain the situation to the employees, the employees voluntarily consensual pay cuts, the legal level is permitted Legal basis: "The People's Republic of China *** and the State Labor Contract Law," Article 40 of one of the following circumstances, the employer notifies the worker in writing thirty days in advance of the workers themselves or The employer may terminate the labor contract after paying the worker one additional month's wages: (1) the worker is sick or injured not due to work, and after the expiration of the prescribed medical treatment period, he/she is unable to engage in the original work, nor can he/she engage in the work arranged by the employer; (2) the worker is unable to perform his/her job, and he/she cannot perform the job even after training or adjusting the job position; (3) there is a major change in the objective circumstances on which the labor contract was entered into, making it impossible to perform the labor contract. (c) If the objective circumstances under which the labor contract was concluded have changed so significantly that the labor contract cannot be fulfilled, and the employer and the worker fail to reach an agreement on changing the contents of the labor contract after consultation. Article 42 of the Law of the People's Republic of China on the Prevention and Control of Infectious Diseases states that in the event of an outbreak or epidemic of an infectious disease, the local people's government at or above the county level shall immediately organize its forces to prevent and control the disease in accordance with the prevention and control plan, and to cut off the means of transmission of the disease. activities in which people gather; (2) suspension of work, business, or classes; (3) closure or sealing of public **** drinking water sources, foodstuffs, and related articles contaminated by pathogens of infectious diseases; (4) controlling or culling of infected wild animals, livestock and poultry; and (5) closure of places that may cause the spread of infectious diseases. Article 45 infectious disease outbreaks and epidemics, according to the needs of infectious disease outbreak control, the State Council has the right to the national or across provinces, autonomous regions and municipalities directly under the Central Government, local people's governments at or above the county level have the right to the administrative region of the emergency mobilization of personnel or call for reserves of materials, temporary requisition of housing, transportation, and related facilities and equipment.
Zhang Yiyue Lawyer
645 Views
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