Municipal Human Resources and Social Security Bureau:
In order to do a good job in the prevention and control of pneumonia infected in novel coronavirus, properly handle the labor relations during the epidemic prevention and control, safeguard the legitimate rights and interests of employees, ensure the normal production and operation order of enterprises, and promote the harmony and stability of labor relations, according to the spirit of the Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling the Labor Relations during the Prevention and Control of Pneumonia Infected in novel coronavirus (No.5 [2020] of the Human Resources and Social Security Department), the relevant work is hereby notified as follows:
First, fully safeguard the stability of labor relations
The enterprise shall not terminate the labor contract with the pneumonia patients, suspected patients and close contacts in novel coronavirus who can’t provide normal work during isolation treatment or medical observation or because the government implements isolation measures or takes other emergency measures according to Articles 40 and 41 of the Labor Contract Law. If the labor contract expires during the period of isolation treatment of workers or medical observation, government’s implementation of isolation measures or other emergency measures, it shall be postponed to the expiration of medical treatment period, medical observation period, isolation period or the end of emergency measures taken by the government.
Second, protect the rights and interests of employees’ wages and remuneration
For employees who are infected with pneumonia, suspected patients and close contacts in novel coronavirus during their isolation treatment or medical observation, and who cannot provide normal labor due to the government’s implementation of isolation measures or other emergency measures, the enterprise shall regard it as providing normal labor and paying employees wages for normal working hours.
Three, reasonable arrangements for workers who have not returned to Guangdong to return to work rest and vacation.
For employees who have not returned to Guangdong in time due to the epidemic, the enterprise can give priority to arranging paid annual leave for employees after consultation with employees. Among them, employees who have worked for more than 1 year but less than 10 years will be given an annual leave of 5 days; If it has been 10 years but less than 20 years, the annual leave will be 10 days; For those who have completed 20 years, the annual leave is 15 days. Employees enjoy the same salary income during paid annual leave as during normal work.
Four, to ensure the normal production and operation order of enterprises
If the production and operation of enterprises are difficult due to the epidemic, they can stabilize their jobs by adjusting their salaries, taking turns to rest, shortening working hours, waiting for jobs, etc. through consultation with employees, and try not to lay off employees or lay off fewer employees. Encourage enterprises affected by the epidemic to take centralized work and rest to maintain normal production and operation. Eligible enterprises can enjoy stable post subsidies according to regulations.
Five, to ensure the treatment of employees during the period of shutdown.
If the enterprise stops production due to the epidemic situation and does not exceed a wage payment period (up to 30 days), it shall pay wages according to normal working hours. If the salary payment period exceeds one period, the employee may pay the salary according to the labor provided by the employee and the newly agreed standard; If an enterprise fails to arrange the work of its employees, it shall pay the living expenses of the employees at not less than 80% of the local minimum wage, and the living expenses shall be paid until the enterprise returns to work, resumes production or terminates labor relations.
Six, strengthen the prevention and mediation of labor and personnel disputes
Guide the parties affected by the epidemic to apply for mediation in advance through the Guangdong province-saving WeChat applet, and resolve disputes in different places through non-contact instant communication methods such as telephone mediation and online video mediation, reducing the number of round-trip and gathering of parties. Due to the epidemic situation, the parties cannot apply for arbitration of labor and personnel disputes within the statutory time limit for arbitration, and the time limit for arbitration is suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. If the parties or agents affected by the epidemic are unable to attend the trial in the arbitration institution, they may apply to the arbitration institution for an extension of the trial. Due to the epidemic situation, it is difficult for labor and personnel dispute arbitration institutions to hear cases within the statutory time limit, and the time limit for hearing can be extended accordingly.
Seven, do a good job in service guidance and monitoring and disposal.
Local human resources and social security departments should implement territorial responsibilities, strengthen labor and employment guidance for enterprises affected by the epidemic, increase the prediction and early warning of labor relations risks, and earnestly safeguard the legitimate rights and interests of employees. According to the requirements of epidemic prevention and control, we should strengthen the employment monitoring of enterprises with intensive employment and high mobility, and effectively prevent and deal with emergencies.