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Recently, with the tightening of epidemic prevention and control in Beijing, many enterprise employees have started the home office mode. During this period, hot issues such as employee leave, salary payment, enterprise employment, and labor relations treatment have attracted much attention. So, what are the policies for the adjustment of employees' wages in major cities such as Beijing and Shanghai? This article will analyze from a legal point of view, what measures can enterprises take to reduce labor costs? Is it legal to lay off staff and reduce wages during this special period?

Q: What are the legal basis and practical provisions for employee wage adjustment during the epidemic?

A: 1. The general office of the Ministry of human resources and social security printed and distributed the notice on properly handling the labor relations during the prevention and control of pneumonia infected by novel coronavirus, which stated that "if an enterprise has difficulties in production and operation due to the impact of the epidemic, it can stabilize its job position by means of adjusting salary, taking turns, shortening working hours, etc. through consultation with employees".

2. There are provisions on the calculation of wages during the period of epidemic isolation in Beijing. The Beijing human resources and Social Security Bureau, the higher people's court and the labor and personnel arbitration commission have issued relevant documents respectively, covering the labor disputes during the period of epidemic prevention. During the prevention and control of the COVID-19, if the community is closed / under control, forcibly isolated by relevant departments, or isolated at home by yellow code, the employee's salary payment principles are as follows:

A) On the basis that the employees have not violated the basic provisions on epidemic prevention and control, whether for personal reasons or other individual reasons, employees who are forced to be isolated (for example, patients with novel coronavirus pneumonia, pathogen carriers, suspected cases, close contacts) and are unable to work normally, their company shall pay the employees the salary during the isolation period according to their normal attendance.

B) . if the isolation is not forced by the government, but caused by the closed epidemic area, travel control between the two places, isolation at home and other reasons, the payment of wages falls into the following three categories:

(a) I can work from home during the isolation period. After negotiation between the company and the employee, if the employee can work at home through computers during the isolation period, the company will pay the salary according to the normal attendance status.

(b) I cannot work at home during the isolation period, but I have paid leave. After negotiation between both parties, employees can take paid leave during this period, and the company shall pay wages according to the original holiday regulations. If the isolation time exceeds the paid leave time originally stipulated, the salary shall be paid according to the third case.

(c) During the period of isolation, there is no condition to work at home, and the company does not have paid annual leave. If the employee's non attendance time is within one salary payment cycle (i.e. one month), the company will distribute the salary according to the relevant agreed terms in the signed labor contract; If it exceeds one month, the company will pay living expenses. The standard of living expenses varies from place to place. In Beijing, it is no less than 70% of the local minimum wage.

3. On May 5, 2022, at the 325th press conference on the prevention and control of the novel coronavirus pneumonia epidemic in Beijing, Tian Wei, director of the external information department of the Publicity Department of the Beijing Municipal Party committee, introduced that the working hours, labor remuneration, rest and vacation during home office hours are encouraged to be determined through consultation between employers and workers, and the wage level of employees shall not be lower than the minimum wage standard of the city. At this time, it is no longer emphasized that it is really difficult for the enterprise to produce and operate. Relatively speaking, the enterprise has a greater right to choose whether to pay according to the minimum company standard in the city.

Affected by the epidemic, the whole of Beijing was forced to press the pause button. Many enterprises, especially small and medium-sized enterprises, were unable to start work normally or even shut down production, but they had to bear the costs in all aspects, and the enterprise operation encountered great difficulties. In order to reduce costs, some enterprises want to negotiate with their employees to adjust their wages and salaries by taking turns during the epidemic prevention and control period, staying on duty without pay, and changing employees' positions independently. Is the above operation legal in the special period of the epidemic? Can companies do this?

Q: Are the above practices of the enterprise legal?

A: The legitimacy of the pay cut depends on the way the company adopts, that is, how to realize the pay cut with employees. If the salary is reduced by consensus with the employee, the law allows it. It is generally illegal for enterprises to force employees to unilaterally decide to reduce their salaries. If there is performance salary or floating salary in the salary structure of the company, it is allowed to make reasonable salary adjustment due to normal performance appraisal. Affected by the epidemic situation, the employer can negotiate with the employee about the salary. Without the consultation and consent, the employer may deduct the salary on the ground of not completing the work task after changing the contract content, which may lack the legal basis.

Q: Give an example to illustrate how the enterprise should operate?

A: Job rotation and rest are neither isolated from work nor holidays. They are rest days determined by the enterprise itself. Under the influence of the legal principle that the legal pay days do not include rest days, the enterprise will not pay labor remuneration during the rest period. This shift is not the same as work stoppage and production stoppage, so it is not affected by the latter's regulations that wages should be paid normally in a wage payment cycle. In addition, in the national environment of "stabilizing jobs, avoiding or reducing layoffs as much as possible", it can be understood as rest without salary, but living expenses should be paid. Therefore, if the epidemic situation causes difficulties in the production and operation of the enterprise, the workers can be allowed to take turns on their posts and take turns on leave under the condition of consensus through consultation. During the period of shift on leave, no salary is paid, but the living expenses should be paid.

Q: What should enterprises pay attention to when they are forced to reduce their employees' salaries for the sake of survival?

A:1. It is necessary to reach an agreement with the employees, which can be achieved by replying to e-mails, wechat replies, etc., while retaining the relevant replies.

2. at the same time, qualified enterprises can enjoy job stabilization subsidies according to regulations. If the shutdown of an enterprise is within a wage payment period, the enterprise shall pay the wages of its employees in accordance with the standards stipulated in the labor contract. In case of more than 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 an employee fails to provide normal labor, the enterprise shall pay living expenses, and the standard of living expenses shall be implemented in accordance with the measures stipulated by various localities.

3. if the enterprise stops production and arranges employees to wait for their posts, they will be paid within one salary payment cycle. If they exceed one salary payment cycle, they will be paid basic living expenses (the standard in Beijing is not less than 70% of the minimum wage standard). In other words, if the company arranges employees to stop work and wait for their posts, the salary of the first month still needs to be guaranteed and paid normally; Starting from the second month, the payment shall be no less than 70% of the minimum wage. (among them, Beijing shall pay the basic living expenses of workers at no less than 70% of the minimum wage standard of the city; Shanghai shall not pay less than the minimum wage standard stipulated by the city; Guangdong Province shall pay the living expenses of workers at no less than 80% of the local minimum wage standard, and the living expenses shall be paid to the enterprise to resume work, resume production or terminate labor relations; Jiangsu Province shall pay the living expenses of workers at no less than% of the local minimum wage standard, which shall be changed into Chinese characters and figures Fees; The standard of Zhejiang Province is 80% of the minimum wage standard of local enterprise employees. The basic living expenses include the endowment insurance, unemployment insurance, medical insurance and other expenses paid by employees themselves. Shandong Province shall pay the basic living expenses of workers at no less than 70% of the local minimum wage standard. That is, the "cost of living" is not a fixed standard, let alone the local minimum wage. Standards vary from place to place. However, the basic direction is fairly unified, that is, a certain proportion of discount is given based on the local minimum wage. Except in Shanghai, the minimum wage is the cost of living.)

4. if the enterprise has not stopped work, but has difficulties in production and operation, the salary can be reduced after reaching an agreement with the employees: for the enterprises that have difficulties in production and operation due to the epidemic, the enterprises are encouraged to negotiate with the employees through democratic negotiation procedures to stabilize the jobs by adjusting the salary, taking turns, shortening working hours, etc.

5. for those who do not have the ability to pay wages for the time being, the enterprise shall be guided to negotiate with the trade union or employee representatives to postpone the payment, and the trade union organizations at all levels shall actively provide assistance to help the enterprise reduce the pressure on capital turnover.