Advice for home working arrangements between 3 to 7 February
At the same time, however, delaying the resumption of work may have an adverse impact on the normal operation of enterprises and the society. Therefore, Shanghai encourages enterprises to arrange employees to work at home. A&Z provides the following suggestions for arranging employees to work at home:
1. Working at home
For those types of work, e.g. such as front-line production staff, must be on duty to carry out the work.
For those types of work, e.g. such as office staff, it is objectively possible to arrange working at home. Company can communicate with employees according to the needs how to arrange work under these conditions.
2. Employees working at home: company should pay overtime or take time off?
According to the interpretation by relevant government departments of Shanghai on January 28, the period from 3 to 7 February shall be treated as a rest day and normal wages shall be paid. Company needs to pay for overtime or arrange for time off.
A&Z suggests the following:
If time is treated as a rest day, employees do not have to be paid regular wages for the rest period because rest days are unpaid.
Considering the economic cost, company can also consider as a holiday period.
In view of the fact that the document has not been issued formally and clearly and we are going through special measures, it is likely that the policy may be adjusted in the future.
3. Employees who refuse to work at home should be treated with caution as a disciplinary violation
It should be treated according to the reasons of employees’ refusal, especially when employees are in observation and isolation circumstances. In these last cases, it should not be treated as violation of discipline.
4. People who work from home should be different
Employees working at home are different from those who do not work but are paid normally.
In order to encourage employees working at home and show fairness, the company can introduce policies according to actual needs. For example, for those working at home, incentive measures will be taken such as obtaining promotion and bonus in the future.
About the EHS Team
A&Z’s Environment, Health, and Safety (EHS) team is comprised of distinctive and professional senior lawyers with long-term experience in government and in EHS positions of large manufacturing companies.
The team is devoted to providing high-quality legal services related to EHS, among which are: assisting companies in the formulation of effective internal risk control systems, preventing potential legal risks, and providing legaladvice. In addition, our attorneys are experienced in coping with emergency situations such as environmental pollution accidents, work safety accidents, and handling disputes.
Rather than waiting for an EHS accident to occur and then playing the role of “firefighter,” A&Z’s recommended approach is to be involved at the very beginning of EHS incidents, efficiently identifying the problem, and providing practical solutions.
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A&Z Law Firm
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