Should My Company Pay Me as Usual if I’m at Temporary Lockdown?
Should My Company Pay Me as Usual if I’m under Temporary Lockdown?
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The situation of COVID-19 has been severe repeatedly. Many people cannot work normally due to the epidemic prevention policy.
What about the wages of employees who cannot work normally due to the epidemic?
For COVID-19 patients, pathogen carriers, suspected patients, or close contact persons who are isolated referring to the relevant law, the employers shall pay the wage during the isolation period according to normal labor.
If the employees do not belong to the above isolation situation, the Ministries of Human Resources and Social Security of some provinces have issued that they shall be disposed of according to the following situations:
The employers arrange for the workers to provide normal labor through telephone, network, or other means, the wages shall be paid according to normal labor;
The employers arrange for employees to take paid annual leave, welfare leave set by the organizations, and other kinds of leave, the wages shall be paid according to the provisions of relevant leave;
The employees are unable to provide normal labor by other means and have not taken a vacation, consult with the worker with reference to the relevant provisions on wage payment during the shutdown.
Pic: Ministry of Human Resources and Social Security of the People's Republic of China
How about the wages of employees during the lockdown of employers？
Within one wage payment cycle, the enterprise shall pay the employees wages according to the standards specified in the labor contract.
Beyond one wage payment cycle, if the employee provides normal labor, the wage paid by the enterprise to the employee shall not be lower than the local minimum wage standard.
If the employees do not provide normal labor, the employers shall pay living expenses. The standard of living expenses shall be implemented in accordance with the provisions of the provinces, and autonomous regions. Take Shenzhen for example:
The employers shall pay wages according to the standards specified in the labor contract within one wage payment cycle;
Beyond one wage payment cycle, the employers shall pay the living expenses, which shall not be less than 80% of the local minimum wage standard。
What if the labor contracts expired during the prevention and control period?
If the labor contract expires during the period of isolation treatment, medical observation, and the period when the government implements isolation measures or takes other emergency measures, the term of the labor contract shall be extended to the period of isolation treatment, medical observation, isolation or the end of the emergency measures taken by the government.
If the employer terminates the labor contract that expires during the above period and the employee requests to continue to perform, it shall be supported. If a worker does not require continued performance or the labor contract has been unable to be performed and requests compensation in accordance with Article 87 of the Labor Contract Law, it shall be supported.
Source: Ministry of Human Resources and Social Security of the People's Republic of China
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