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I think it is illegal for grassroots towns to be suspended from paying their monthly wages during the epidemic. Next up meIt will be from both the national perspective and the people's perspectiveto explain. <>
First of all, let's start from a national perspective. The new coronavirus pneumonia is a national disaster for our country, and all economic and political systems are paralyzed, and at the time of the national crisis, I think the most important thing for our country is to unite the people and resist the disaster together. However, at this time, the grass-roots towns and towns stopped paying their monthly wages, which precisely undermined the unity between the people and the state.
We all know that water can carry a boat and it can also capsize a boat. If the country lacks the support of the people, then the country will eventually face danger. Therefore, I think that even if people are unable to work because of the epidemic, they should be paid as usual, so that they will love their motherland more and be willing to contribute to their motherland.
Therefore, from the perspective of the state, it is illegal for grassroots towns and towns to be suspended from paying their wages for the month. <>
Second, let's talk about it from the people's point of view. The new coronavirus pneumonia is like a natural disaster, and it is not something that ordinary people can control. If the grassroots towns are stopped from paying their monthly wages just because of the epidemic, then this is unreasonable for the people.
Their own income is very low, and they need to rely on their own hard work to support themselves, and now because of their irresistible strength, they have lost the way to support their families, which is nothing more than very fatal for them. I think our country itself is very humane, and we tend to put the interests of the people first. It is not legal to damage the interests of the people just because of the country's disaster, so I think it is illegal for the grassroots towns to be suspended from paying their monthly wages during the epidemic.
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After all, during the epidemic period, many economic ** have been restricted, and at this time, enterprises in various places have to save costs relatively speaking.
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I think this is unreasonable, because this is not the employee's own reason, it is a force majeure factor, but there is no way to do it if you don't pay wages, because the company also has to survive.
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Of course it's not legal, these cadres also have something to do during the epidemic, they are working hard to maintain everyone's safety, and take turns to solve problems for everyone, so the salary should be paid.
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As long as the agreement is made, only a part of the salary can be paid. If an enterprise has difficulties in production and operation due to the impact of the epidemic, it may adjust its salary through consultation with its employees. Eligible enterprises can enjoy the subsidy for job stabilization according to the regulations.
If an enterprise suspends work or production within one wage payment cycle, the enterprise shall pay the wages of its employees according to the standards stipulated in the labor contract. If the wage payment cycle exceeds one period, if the employee provides normal labor, the wages paid by the enterprise to the employee shall not be lower than the local minimum wage standard.
Legal basis] Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of the Pneumonia Epidemic Caused by the Novel Coronavirus》 If an enterprise has difficulties in production and operation due to the impact of the epidemic, it may adopt methods such as adjusting salaries, rotating shifts, and shortening working hours through consultation with employees to stabilize jobs, and try not to lay off employees or reduce layoffs as much as possible. Eligible enterprises can enjoy the subsidy for job stabilization according to the regulations. If an enterprise suspends work or production within one wage payment cycle, the enterprise shall pay the wages of its employees according to the standards stipulated in the labor contract.
If the wage payment cycle exceeds one period, if the employee provides normal labor, the wages paid by the enterprise to the employee shall not be lower than the local minimum wage standard. If the employee fails to provide normal labor, the enterprise shall pay the living allowance, and the standard of living allowance shall be implemented in accordance with the measures prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.
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Legal Analysis: Yes. If an employee is unable to go to work normally due to the epidemic (e.g., traffic interruption), the employer shall pay the wages and remuneration during this period in accordance with the labor contract.
If the enterprise suspends production and work as a result, according to the relevant regulations of the Ministry of Human Resources and Social Security, if the suspension of production and work is within one wage payment cycle, the enterprise shall pay wages according to the standard stipulated in the labor contract.
Legal basis: Article 12 of the Interim Provisions on Payment of Wages Article 12 If the employer suspends work or stops production for reasons other than that of the employee within one wage payment cycle, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment period exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the low wage standard of the hungriest state in the local area; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
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Legal Analysis: Illegal.
If the worker provides labor, the employer shall pay the wages normally; wages should also be paid if labor is not provided; If no labor is provided for more than one month, the second month will start to fight for the limbs, and after consultation with the hungry workers, they can be paid according to the wages on standby, which are generally 70%-80% of the local minimum wage. You may apply to the labor arbitration commission where the employer is located for labor arbitration.
Legal basis: Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
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Legal Analysis: Illegal. During the epidemic period, it is of course illegal for an employer to directly refuse to pay wages, and even if the employer is in difficulty, it should pay wages according to the minimum wage standard or living expenses standard under the condition of consultation with the employee.
Legal basis: "Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases" Article 41 For persons in places where cases of Class A infectious diseases have occurred that are not covered or in specific areas within the premises, the local people at or above the county level where they are located may implement isolation measures, and at the same time report to the people at the next higher level**; The people at the higher level who receive the report shall immediately make a decision on whether to approve it. Where higher-level people** make a decision not to approve it, the people** who are implementing the isolation measures shall immediately lift the isolation measures.
During the quarantine period, the people** who have implemented the quarantine measures shall provide living guarantees to the quarantined persons; Where the person in quarantine has a work unit, the unit to which he or she belongs must not stop paying him or her remuneration for work during the quarantine period.
The lifting of quarantine measures is to be decided and announced by the original decision-making organ.
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Legal Analysis: Illegal. During the epidemic, it is of course illegal for the employer to directly refuse to pay wages, and even if it is difficult for the employer to keep an eye on the employee's business, the employer should still pay the salary according to the minimum wage standard or the standard of living expenses under the condition of consultation with the employee.
Legal basis: Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases Article 41 The local people at or above the county level where the local people at or above the county level may implement isolation measures for the places where cases of Class A infectious diseases have occurred or the personnel in specific areas within the places, and report to the people at the next higher level at the same time; Upon receipt of the report, the superior shall immediately make a decision on whether to approve it. Where higher-level people** make a decision not to approve Hu Bozhun, the people** who implement the isolation measures shall immediately lift the isolation measures.
During the quarantine period, the people** who implement the quarantine measures shall provide living guarantees for the quarantined persons; Where the quarantined person has a work unit, the unit to which he or she belongs must not stop paying him or her remuneration for work during the quarantine period.
The lifting of quarantine measures is to be decided and announced by the original decision-making organ.
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During the epidemic period in China, if an enterprise is suspending production, then its employees must be paid according to the basic wage, and if the basic salary is lower than the local minimum wage standard, it will be paid according to the minimum wage standard. Specifically, first, if the employer suspends work and production within one wage payment cycle, then the employer shall pay the employee's wages according to the standard stipulated in the labor contract.
Second, if the unit suspends work and production for more than one wage payment cycle, it should still pay labor remuneration not lower than the minimum wage standard.
Article 12 of the Interim Provisions on Payment of Wages If the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee's wages according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker does not provide normal labor and demolition, it shall be handled in accordance with the national regulations on disguise and customs reform.
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