Baoxin View
Under the new crown epidemic, work guidelines and labor-management questions before and after the resumption of work
Release time：2020-02-05
The government-specified time for the resumption of work after the year is February 10, 2020. During this special shutdown period affected by the coronavirus, Baoxin lawyers have issued the following work guidelines for companies to resume work and answer questions about related labor issues caused by the epidemic. Reference for various companies.
Preparation work before the enterprise resumes work
(1) Establish a temporary epidemic response teamArrange and implement the prevention, control and follow-up of the epidemic by a dedicated person.(2) Establishing a "1 person, 1 file" file sheet for epidemic prevention and control1. In order to reduce the risk of group infections that may be caused by employees on duty, before resuming work, the "Epidemic Prevention and Control "1 Person, 1 File" File Form" will be sent to all employees in the form of document sharing, and the employees will fill in separately.2. According to the collected file sheets, analyze the employees' availability to work after February 9, 2020.3. Determine whether to take necessary working hours adjustment measures according to the location, travel place, and contact groups of the employees.4. Always pay attention to employee dynamics and update the file list in time.(3) Prepare epidemic prevention supplies in advanceCompanies should stock adequate masks, gloves, alcohol, thermometers and other epidemic prevention supplies in advance for employees to use after work.(4) Arrange in advance to avoid gathering of people1. According to the nature of the employee's position, negotiate with the employee to determine whether it is on standby, returning to work or working from home. Negotiations should be confirmed in writing as much as possible to avoid labor disputes. If it is really difficult to confirm in writing, the second best is to confirm with employees through WeChat, SMS, etc.2. Make appropriate adjustments to the existing workplace to avoid direct contact with personnel as much as possible.3. In order to prevent employees from contacting outsiders, if conditions permit, uniform arrangements for non-local employees' accommodation.(5) Do a good job in epidemic publicity and education, and strengthen employees' awareness of epidemic prevention.(6) Verify the employee’s purchase of social security to avoid legal risks caused by work-related injury benefits.Responding to work after the company resumes work
(1) Do a good job in monitoring the health status of on-duty employees1. Arrange a special person to conduct temperature testing of all employees on duty and record it in the file sheet.2. Employees with abnormal health should immediately take quarantine measures, and if necessary, they should be sent to the hospital for examination immediately.3. Daily notification of the epidemic situation within the enterprise.(2) Require employees to wear masks in the officeRequire and urge employees to wear masks as usual in the office and keep a distance when talking. The office space should be as well ventilated as possible.(3) Cancel on-site meeting arrangementsBefore the epidemic is eliminated, the company avoids arranging gatherings of people such as morning meetings, gatherings, and training, and try to change to online meetings and online training.(4) Arrange for off-peak dining1. Divide multiple dining hours and try to stagger the dining hours of employees to reduce the chance of most employees gathering in the restaurant.2. Remind employees not to eat face-to-face and avoid talking during the meal.(5) Do a good job in daily disinfection of the workplaceArrange special personnel to disinfect the workplace, canteen, elevator room and dormitory many times a day.Questions and answers on labor issues caused by the epidemic
(1) During the period of quarantine and medical observation of the employees due to the epidemic, how are wages paid? For patients with pneumonia, suspected patients, and close contacts infected by the new coronavirus that are unable to provide normal labor due to isolation measures such as isolation treatment and isolation observation, the enterprise shall be deemed to provide normal labor and pay employees' normal working hours wages.(2) After the quarantine period ends, how will the wages be paid to employees who still need to stop working for treatment?According to Article 24 of the "Guangdong Province Wage Payment Regulations", if a worker stops working for treatment due to illness or non-work-related injury, during the medical treatment period prescribed by the state, the employer shall comply with the provisions of the labor contract, collective contract or relevant state It is stipulated to pay sick leave wages. The sickness and injury leave wage paid by the employer shall not be less than 80% of the local minimum wage standard. The current minimum wage in Zhongshan is 1,720 yuan/month.(3) How to deal with employees who have not resumed work in time due to the epidemic?After consultation with the employees, the enterprise can give priority to arranging employees to take annual vacation with pay. If the employee has worked for 1 year but less than 10 years, the annual leave is 5 days; if the employee has worked for 10 years but less than 20 years, the annual leave is 10 days; if the employee has worked for 20 years, the annual leave is 15 days. During the paid annual leave, employees enjoy the same wage income as during normal work. If processed in this way, employees must promptly submit the annual leave application form after they arrive. Those who do not have annual leave arrangements can be treated as personal leave.(4) If an employee fails to return to work during a business trip due to the epidemic, how will his wages be paid during that period?The employer shall pay wages in accordance with the normal working hours wage standard.(5) If the employer suspends work or production due to the impact of the epidemic, how will the employees' wages be paid?If it does not exceed one wage payment period (up to 30 days), wages shall be paid according to normal working hours. If the wage payment period exceeds one, the wages can be paid according to the labor provided by the employees and the standards newly agreed by both parties; if the company does not arrange for the employees to work, it shall pay the employees’ living expenses at not less than 80% of the local minimum wage standard, and the living expenses shall be paid to the enterprise Resumption of work, resumption of production or termination of labor relations.(6) What should employees do if they have not taken quarantine measures and have not gone through the leave formalities after February 9, 2020?The company should send a return notice to employees by express delivery. If the employee fails to give any reasonable explanation and fails to return to work within the limited time limit, the company can deal with it in accordance with the company’s rules and regulations (note: while collecting and fixing evidence, The procedure must be legal).(7) Can the employer terminate the labor relationship if the labor contract expires during the period of labor isolation treatment due to the epidemic, medical observation, isolation measures implemented by the government, or other emergency measures?No, the term of the labor contract should be postponed to the expiration of the employee's medical treatment period, medical observation period, isolation period, or emergency measures taken by the government.(8) Can the employer unilaterally terminate the labor relationship with the employee during the period of isolation treatment or medical observation, the government's implementation of isolation measures or other emergency measures?Not possible. For pneumonia patients, suspected patients, and close contacts infected by the new coronavirus who are unable to provide normal labor during their isolation treatment or medical observation period, as well as the government’s isolation measures or other emergency measures, the company shall not comply with the "Labor Contract" Article 40 and Article 41 of the Law shall terminate the labor contract with employees, otherwise it will constitute illegal termination.(9) Can the company lay off employees if the company has difficulties in production and operation due to the impact of the epidemic?Enterprises that have difficulties in production and operation due to the impact of the epidemic can negotiate with employees to stabilize their jobs by adjusting salary, rotating work, shortening working hours, and waiting for work, and try not to lay off or reduce the number of layoffs. If the employer has serious difficulties in production and operation and needs to lay off more than 20 employees or reduce less than 20 employees but account for more than 10% of the total number of employees, the employer shall explain the situation to the labor union or all employees 30 days in advance, and after hearing the opinions of the labor union or employees, The staff reduction plan can be reduced by reporting to the labor administrative department.The epidemic has brought a very serious impact to the entire society. During this special period, we hope that companies and employees can understand and support each other. The lawyers of Baoxin Law Firm will also provide online legal advice to clients. Let's overcome the difficulties together! 
