Human resources: Wage payment issues that HR must understand during the fight against the epidemic

In order to control the spread of the novel coronavirus pneumonia epidemic, many enterprises announced the postponement of resumption of work according to the government's suggestion. It poses a new challenge to the human resources management department. How to pay wages during the delayed resumption of work, how to calculate overtime pay, how to calculate wages during employee isolation, and how to pay employees who cannot resume wages on schedule due to epidemic prevention and control?

For cross-border enterprises in China and Hong Kong, UFIDA Hong Kong has sorted out the policies on human resources for mainland employees to solve your doubts.

1. Regarding the announcement by the General Office of the State Council to extend the 2020 Spring Festival holiday by 3 days (January 31 to February 2), are these 3 days a statutory holiday or a rest day? If an employee cannot rest for 3 days and needs to work normally, what standard should he pay for overtime pay?

According to the "Notice of the General Office of the State Council on the Arrangement of Some Holidays in 2020", from January 24th to 30th is a holiday for a total of 7 days. Therefore, the extended 3-day Spring Festival holiday should be regarded as a "rest day" and not a statutory holiday.

As for employees who cannot rest and work normally during these three days, they should arrange compensatory leave for employees according to Article 3 of the "Notice of the General Office of the State Council on Extending the Spring Festival Holiday in 2020": "Employees who cannot take vacation due to epidemic prevention and control should arrange compensatory leave in accordance with the provisions of the "Labor Law of the People's Republic of China".

If compensatory leave is not available, overtime pay not less than 200% of wages shall be paid in accordance with Article 44, Paragraph 2 of the Labor Law of the People's Republic of China: "Where laborers are arranged to work on rest days and cannot arrange compensatory leave, wages shall be paid not less than 200% of wages;" Overtime wages shall be paid not less than 200% of wages. "

2. Can the 3-day Spring Festival holiday extended by the State Council be offset against the annual leave?

According to Article 3 of the State Council Order No. 514 of the "Regulations on Paid Annual Leave for Employees", the national statutory holidays and rest days are not included in the annual leave, so the extended 3-day holiday as a "rest day" cannot be included in the annual leave.

3. During the epidemic, in order to prevent the spread of the epidemic, many cities continued to block roads, and the city where the city was closed did not allow entry and exit, which resulted in the failure to resume work on time, how to pay wages?

Enterprises can negotiate with employees. If they can work remotely, they will pay wages normally; if they cannot work remotely at home, they can arrange time off and annual leave.

4. How will employees be paid during the period when they are diagnosed and suspected to be quarantined due to the novel coronavirus pneumonia?

It shall be regarded as normal attendance and shall be paid.

According to Article 41 of the "Law of the People's Republic of China on the Prevention and Control of Infectious Diseases", "during the quarantine period, the people's government that implements the quarantine measures shall provide living security for the quarantined persons; if the quarantined persons have a work unit, the unit shall not stop paying their work remuneration during the quarantine period.

5. How to pay wages for enterprises that have difficulties in operation due to epidemic prevention and control and have suspended production?

According to Article 2 of the "Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic", enterprises can negotiate with employees to adjust salaries, rotate shifts, shorten working hours, etc. to stabilize jobs, and try not to lay off employees or lay off fewer employees.

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