Due to COVID, I AM Not Paid Salary? FAQ!
Due to the COVID epidemic, many people are unable to go to work normally. According to the national notice on Labor Relation Issues during COVID Epidemic, and the 2022 update in Shanghai, Liaoning, Jilin and other places, wages during the shutdown period, isolation period, and treatment period should be guaranteed according the relevant regulations
Isolation Period: Staff will get wages fully paid
Shanghai
issued a notice on the 28th，saying that when medical institutions or
the government implement isolation measures for COVID patients,
suspected cases, and close contacts, their wages during the isolation
period will be paid normally.
In 2022, Liaoning, Jilin, Guangdong, Tianjin, and Suzhou also clarified similar regulations.
It
should be noted that, for those who do not comply with the government's
epidemic prevention and control regulations, resulting in isolation for
treatment or medical observation, will not be supported when requesting
wages during the period.
Treatment Period: Refer to Sick Leave Regulations
Shanghai, Guangdong, Liaoning, and Tianjin noticed that, for staff who have to continue the medical treatment after quarantine, the companies should pay their wages in accordance with the relevant regulations for sick leaves.
Jilin Province stated on
March 26 that, for those who have to continue treatment after the
quarantine period, companies should pay their sick leave wages at not
less than 80% of the local minimum wage standard.
Office shutdown period: Wage Standard Differs Per Area
The wages payment during the shutdown period, is according to whether normal labor is provided, and whether the duration is longer that one wage payment period (normally it is one month, according to salary payment time).
The regulations in different provinces can be different, and disputes are more likely to arise.
For instance，Jilin Province announced that，For companies that cannot resume work and production, and the suspension on production is within one wage payment period, the wages of the employees shall be fully paid;
When the suspension on production is longer than one wage payment period, and the employees provide normal labor work, then the wages paid to the employees shall not be lower than the local minimum wage; if the employees cannot provide normal work, then they will get no less that 70% of the local minimum wage.
Regulations
in Tianjin are: within one wage payment period, staff shall be full
paid; for more than one wage payment period, companies should pay the
“living expenses” to employees, which is no less than 80% of Tianjin's
minimum wage standard.
When Employees Stay Home Due to Government Requests / Lockdown
When
local government takes emergency measures to restrict citizens’ travel
and require home isolation, or when the employees cannot return to work
due to temporary traffic restriction and unexpected contacts to COVID
cases, different situations will be discussed separately.
Employees provide work at home through telephone, Internet, etc.
Although the employees are not in the offices, but they can work remotely, then the wages should be paid as normal standard.
Those who meet the requirements for home office work, but refuse to work.
If there is annual leave, welfare leave, etc., they can take leave first, otherwise it will be handled as personal leave generally, and wages will not be paid.
The employees are unable to return to offices and cannot work in other occasions, or the employees are unable to work normally as for the companies shutdown
The employees can negotiate with the companies, normally they can refer to the relevant regulations on wage payment during the shutdown period.
For instance, the regulations in Beijing are: when employees cannot return to Beijing and resume work due to COVID, they can take annual leave first with full wages. If the employees cannot return for longer time, they can negotiate with the companies and keep no less than 70% of the local minimum wage.
The regulations of Guangdong Province are to provide no less than 80% of the local minimum wage to the employees.
Source: Source: OT-Team(S,J), China News
http://www.mohrss.gov.cn/
https://mp.weixin.qq.com/s/fkwwrLIbECCkTCKrobfD-w
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