Traditional Culture Encyclopedia - Hotel accommodation - How can employees be paid if they don't go to work during the epidemic?

How can employees be paid if they don't go to work during the epidemic?

Because of the epidemic, wages for not going to work should be paid normally according to the usual wage standard. If you don't pay, you can ask the employer to pay wages through labor arbitration or labor litigation. First, workers can collect evidence of working at home, such as the notice issued by the unit or the work content submitted by the workers, to prove that the workers really go to work. If the unit is in arrears with wages, it can complain to the Labor Supervision Committee. If the complaint is unsuccessful, it can directly apply for labor arbitration.

If it is true that the company is unable to pay its employees' wages on time due to insurmountable difficulties caused by the epidemic, it can defend itself on the grounds of force majeure and will not bear the responsibility of overdue payment. However, it is necessary to explain the situation to employees and pay as soon as possible after removing obstacles to minimize labor disputes. However, the company shall not deliberately refuse to pay employees' wages on the grounds that the epidemic has caused difficulties. In the event of a dispute, the company also needs to bear the burden of proof for the insurmountable difficulties caused by the epidemic.

1. Employees who are observed in isolation and take isolation measures or other emergency measures are regarded as normal work and paid full wages according to local regulations;

2. Employees diagnosed with new pneumonia enjoy medical treatment during the medical treatment period, and the enterprise needs to pay sick pay ("medical treatment period" here refers to the period when employees need to continue treatment due to novel coronavirus infection after the isolation treatment is lifted);

3. Employees who are isolated for observation and take isolation measures or other emergency measures shall not deduct their wages because they have not provided labor, or apply the "sick pay" standard without authorization;

Because the wages for not going to work during the epidemic should be paid normally according to the usual wage standard, of course, workers may face the phenomenon of wage arrears, which will generally be carried out through consultation. If they don't pay their wages, they can complain to the labor inspection Committee.

Legal analysis:

Opinions on stabilizing labor relations and supporting employers to resume work and production during the prevention and control period in novel coronavirus.

Article 3, paragraph 6, protects the wages and welfare rights of employees. For employees who cannot provide normal labor due to legal isolation, guide enterprises to pay their wages according to normal labor; After the isolation period, employees who still need to stop working for treatment shall be paid according to the relevant provisions of the medical treatment period. During the Spring Festival holiday, employees who can't take a vacation due to epidemic prevention and control should be instructed to arrange compensatory time off first, and those who can't arrange compensatory time off should be paid overtime wages according to law.