3. The employee's salary was deducted due to the absence of the epidemic! What did the judge say?

On August 20, at the time of the epidemic, apart from caring about the anti-epidemic situation, everyone was inevitably worried about whether wages could be paid and how much money could be paid if they could not go to work during the epidemic. Yesterday, Tongan court issued a series of cases to recover labor remuneration during the epidemic. Let's take a look at the payment of wages during the epidemic.

1 Case 3 The company refused to pay its employees because they were absent from work due to the epidemic.

Defendant Chen Mou and others are employees of a security company, engaged in security work. On 25th October, 20021year, Chen Mou and other three employees submitted labor arbitration, demanding that the security company pay their labor remuneration during the period from 20th September to 7th June, 20021year in Tong 'an District due to the epidemic.

Soon after, Tong 'an District Labor and Personnel Dispute Arbitration Committee made a ruling to support the arbitration requests of three employees, including Chen Mou. After the ruling, the security company filed a lawsuit in Tongan court because it refused to accept the ruling.

The plaintiff's security company sued that the defendant Chen Mou and other three people left the workplace without the arrangement of the supervisor, resulting in job vacancies, which seriously affected the normal work of the company and caused trouble. They were required to enjoy the basic salary and on-the-job subsidies during the period of home isolation. During the period from September 20th, 2002/kloc-0 to September 7th, 2002/kloc-0, Chen Mou and other three people didn't go to work, so the security company didn't need to pay their labor remuneration.

In this regard, Chen Mou and other three employees replied that the security company should pay their wages from September 20th, 2002/KLOC-0 to June 7th, 2002/KLOC-0 because they could not go to work due to the epidemic.

Companies that can't go to work during the epidemic still have to pay wages.

Tong 'an Court held that Chen Mou and other three employees did not go to work in the security company from September 20th, 20021year to June 7th, 20021year, but they needed to be isolated at home for epidemic prevention and control, and the road between Xiang 'an District where Chen Mou and other three employees lived and Tong 'an District where they worked needed to be closed for epidemic prevention and control. Three employees, including Chen Mou, did not go to work, which was "unable to provide normal labor due to isolation measures or other emergency measures taken by the government". According to Article 12 of the Interim Provisions on Payment of Wages and Articles 1 and 2 of the Notice on Doing a Good Job in Labor Relations during the Prevention and Control of Pneumonia Infection in novel coronavirus (No.5 [2020] of the Ministry of Human Resources and Social Security), the security company shall pay the wages of Chen Mou and other three employees during this period according to the standards agreed in the labor contract.

Therefore, Tongan court made a first-instance judgment, requiring the security company to pay Chen Mou and other three employees +0 wages from September 20, 20265438 to June 7, 20265438.

After the judgment of the first instance, the security company refused to accept it and appealed to the Xiamen Intermediate People's Court. In the end, the second instance of Xiamen Intermediate People's Court upheld the original judgment.

It is said that enterprises should negotiate with employees to reduce labor remuneration.

The judge said that when enterprises are unable to pay wages due to production and operation difficulties caused by the epidemic, they can stabilize their jobs by negotiating with workers to adjust wages, rotate jobs and shorten working hours, but the wages paid shall not be lower than the minimum wage. When making matters such as reducing labor remuneration and shortening working hours, enterprises should fully and equally communicate and negotiate with workers, reach an agreement, and keep written consultation results. It is not allowed to unilaterally change the wage standard by issuing announcements and notices.

Workers, on the other hand, should truthfully declare their itinerary according to the requirements of government notices and other documents, cooperate with the flow investigation and nucleic acid detection, and must not lie or conceal, so they should be thoroughly inspected. Avoid personal behaviors that violate epidemic prevention and control measures, affect work and life, and even be investigated for legal responsibility.

The judge appealed that under the current epidemic situation, employers and workers should work together in Qi Xin to fight the epidemic, understand and support each other, and maintain harmonious and stable labor relations.

"Three Questions" on Wage Rights Protection during the Epidemic Period

● How should wages be paid during the epidemic?

Judge: During the epidemic, workers with different working conditions paid different wages. First, the enterprise should pay the workers during this period as usual for the workers who are separated according to law. After the expiration of the quarantine period, if it is still necessary to stop working for treatment, the sick pay shall be paid in accordance with the relevant provisions of the state within the medical period stipulated by the state, and the salary during the sick leave period shall not be less than 80% of the local minimum wage. Those who are recognized as work-related injuries shall enjoy work-related injury insurance benefits according to law.

Second, workers who work at home, according to the arrangement of enterprises, work at home or online through flexible means such as internet and telephone, are regarded as providing normal labor. If the working hours at home are within a salary payment period (30 days), the enterprise shall pay the employees' wages according to the standards agreed in the labor contract. If the salary payment period exceeds one, the laborer has provided normal labor, and the salary paid by the enterprise to the laborer shall not be lower than the local minimum wage standard.

Third, for the workers who normally go to work in the enterprise, the enterprise should pay the wages of the employees according to the standards agreed in the labor contract within a salary payment period. If the salary payment period exceeds one, the laborer has provided normal labor, and the salary paid by the enterprise to the laborer shall not be lower than the local minimum wage standard.

Fourth, if the employees cannot go to work due to the suspension of production and business, and the employees cannot provide normal labor, they should pay their wages according to the standards agreed in the labor contract. If the salary payment period exceeds one, the living expenses shall be paid by the enterprise. The standard of living expenses is 70% of the local minimum wage.

Fifth, enterprises may not pay wages or living expenses to workers who violate epidemic prevention and control measures and cannot return to work on time.

● Can enterprises delay the payment of wages because the epidemic affects their business difficulties?

Judge: Yes. If an enterprise is temporarily unable to pay its employees' wages due to the difficulties in production and operation affected by the epidemic, it may postpone payment for a maximum of 30 days after reaching a written agreement with the trade union and employee representatives of the unit on the premise of ensuring the basic livelihood of employees, and file with the administrative department of labor and social security within 3 days after reaching an agreement.

● Can the enterprise negotiate with the workers to change the wage standard?

Judge: Yes, if an enterprise has difficulties in production and operation due to the epidemic situation, it can stabilize its post by negotiating with the workers to adjust wages, take breaks in rotation, shorten working hours, etc., but the wages paid shall not be lower than the minimum wage.