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You should have to pay a basic salary, as long as you don't go to work yourself, you have to pay a salary
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From February 1 to 10, there is a salary, and the others are not paid.
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Many private companies don't send it, and companies with better treatment will send it, but it should be in the minority, it depends on your company.
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You are considered retired at this age, but you have an anti-post employment contract, and you must be paid according to the law.
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No matter how old you are, you work in a public or private company, but you don't go to work during the epidemic (stay on duty all the time), ask if you will be paid? My personal opinion is that the state has regulations that should refer to the provisions of the state to implement the payment of wages, but private enterprises must compete for their own enterprises, as long as the boss does not violate the laws and regulations of the country, how to pay wages, people themselves have the final say, or depending on the strength of the boss to speak. It's okay to have a few more months.
If you don't send it, we can't do it. Thank you! For your reference!
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A 56-year-old lesbian working in a private company is already past the retirement age. During the epidemic, he did not go to work and stayed at work. If you are a private company, you should not be paid, and your salary will not be paid.
If you say you want to go to the labor arbitration committee, you can't win, because you have already overtaken. Retirement age. According to the national policy, it is to be issued.
However, private companies are basically not very good at making money. Hope.
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According to the provisions of the first is to pay the basic salary, that is, there are no benefits and subsidies, but it still depends on whether the private enterprise is informal, if it is a small boss, it may be no salary, and if it is larger, there is still a salary
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If you don't go to work during the epidemic, you should be paid. 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 fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
[Legal basis].
Article 12 of the Interim Provisions on Payment of Wages stipulates that 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 fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Whether a private enterprise does not go to work during the epidemic period and whether it has a salary shall be determined based on the actual situation. If the suspension of work is not caused by the employee, the employer shall pay wages and remuneration in accordance with the contract, and if the suspension of work is caused by the employee's personal reasons, the employer may not pay the stoppage. That is to say, if the work is suspended due to epidemic prevention and control, the worker can get the salary, and if the work is stopped for other reasons, the worker will basically not get the salary.
Interim Provisions on Payment of Wages".
Article 12. 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 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; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases
Article 41.
For places where cases of Class A infectious diseases have occurred or for persons in specific areas within the venue, 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 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 shall be decided and announced by the original decision or the illuminating authority.
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Those who did not go to work during the epidemic period are also paid, according to the Interim Provisions on Payment of Wages.
Article 12 stipulates that if the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall follow the labor contract.
The prescribed bidding and opening chain is allowed to pay the wages of the laborers. 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 local minimum wage standard.
If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
1. The shutdown time is within a wage payment cycle: the normal wage standard is paid;
2. If the suspension of work and production exceeds 30 days, and the employee provides normal labor: the salary can be paid according to the new standard agreed by both parties according to the labor provided by the employee, but not lower than the local minimum wage;
3. If the work stoppage is more than 30 days and the employee does not provide normal labor, the on-the-job wage will be paid, and the specific on-the-job wage shall be subject to the local policy due to the different payment standards of on-the-job wages in various regions.
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If you are unable to go to work during the epidemic period, the employer still needs to pay the corresponding remuneration to the employee, which will be paid according to the normal wage standard in the first month, and the basic living allowance can be paid according to a certain standard in the second month. However, as long as the worker is normal in the second month and provides labor, then the worker's wages should be paid normally. Those who do not provide normal labor are paid basic living expenses, basic maintenance and demolition expenses.
Article 33 of the Regulations on Work-related Injury Insurance stipulates that if an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.
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Summary. If the employee deliberately does not go to work, resulting in failure to complete the specified working hours, the employer can deduct the corresponding salary amount according to the provisions of the Labor Contract Law. However, it should be noted that there are certain restrictions on the deduction of wages, which generally cannot exceed the total amount of unpaid wages during the period of non-arrival, and cannot threaten or intimidate employees, otherwise the employer may face legal risks.
Can employees be paid if they deliberately do not go to work during the epidemic?
If the employee deliberately fails to go to work, resulting in failure to complete the prescribed work, the employer can deduct the corresponding amount of wages according to the provisions of the Labor Contract Law. However, it should be noted that there are certain restrictions on the deduction of wages, which generally shall not exceed the total amount of wages that have not been paid during the period of non-arrival, nor can it threaten or intimidate employees, otherwise the employer may face legal risks.
According to Article 3 of the Interim Provisions on the Payment of Wages, the term "wages" mentioned in these Provisions refers to the wages and remuneration paid by the employer to the employee in various forms in accordance with the provisions of the labor contract. Article 5 Wages shall be paid in legal tender. It is not allowed to pay in lieu of currency for the price of solid fiber dismantling and damaged chain dates**.
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