The pandemic continues but what happens after the holidays end?

On January 26, 2020, the General Office issued a notice on extending the 2020 Spring Festival holiday.

The people of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions, and all directly affiliated institutions:

With the approval of the People's Republic of China, in order to strengthen the prevention and control of the pneumonia epidemic caused by the new coronavirus, effectively reduce the gathering of people, block the spread of the epidemic, and better protect the lives and health of the people, the specific arrangements for extending the Spring Festival holiday in 2020 are hereby notified as follows:

OneThe 2020 Spring Festival holiday will be extended to February 2 (the ninth day of the first lunar month, Sunday), and work will be normal from February 3 (Monday).

IIColleges and universities, primary and secondary schools, and kindergartens in all regions will postpone the opening of the school, and the specific time will be notified separately by the education department.

3. Employees who cannot take leave due to epidemic prevention and control shall be arranged for compensatory leave in accordance with the provisions of the Labor Law of the People's Republic of China, and the wages and remuneration for the unused vacation period shall be guaranteed in accordance with relevant policies.

Regarding the opening of primary and secondary schools, the opening time of each region is different, and it is necessary to consult the local education department and its affiliated schools, such as the Jiangxi Provincial Department of Education issued that the spring semester shall not open before February 17.

Regarding the specific implementation plan for the extension of holidays in various places, you can pay attention to it at any time:

【Prevention Knowledge】Actively protect yourself and protect yourself

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Pneumonia caused by the new coronavirus

If you have taken public transportation during the epidemic, you can use: Novel Pneumonia Patient Ride Query.

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This should be able to react with the employer! If they fire you, I don't think they dare! At most, I don't have the salary of those days!

Don't panic. How many days are left at work? Do a good job in epidemic prevention. Avoid going to crowded places. Bring a mask when you go out.

Legal analysis: Therefore, the company's failure to delay work during the epidemic is a violation of the requirements of the state, and you can file a complaint with the local labor inspection department, and I believe that the company will implement it in accordance with the requirements of the state.

Legal basis: Notice on Actively Responding to the Novel Coronavirus Pneumonia Epidemic and Doing a Good Job in Labor Relations

1. The labor contract of the employee shall not be terminated at will.

Enterprises shall not terminate labor contracts with employees who are unable to provide normal labor due to the implementation of quarantine measures or other emergency measures due to the implementation of quarantine measures or other emergency measures for pneumonia patients, suspected patients, and close contacts of patients infected by the novel coronavirus infection during their quarantine period or medical observation period, as well as those who are unable to provide normal labor due to the implementation of quarantine measures or other emergency measures. During this period, if the labor contract expires, it shall be postponed until the expiration of the employee's medical treatment period, the expiration of the medical observation period, the expiration of the isolation period, or the end of the emergency measures taken.

2. Protect the rights and interests of employees such as labor remuneration in accordance with the law.

Enterprises shall treat employees who are unable to provide normal labor due to the implementation of quarantine measures or other emergency measures due to the implementation of quarantine measures or other emergency measures for employees who are unable to provide normal labor due to the pneumonia patients, suspected patients, and close contacts of the novel coronavirus infection during their quarantine period or medical observation period, and shall pay the employees wages for normal working hours.

For those who fail to return to work in time due to epidemic prevention and control, the employer and the employee can negotiate the payment of wages during that period. If an enterprise suspends work or production within one wage payment cycle due to the impact of the epidemic, it shall pay the wages of its employees according to the standards stipulated in the labor contract; If the wage payment cycle exceeds one period, and the enterprise arranges the worker to work, the wages shall be paid according to the newly agreed standard between the two parties, but shall not be lower than the local minimum wage standard; If the enterprise does not arrange for the worker to work, it shall pay the basic living expenses of the workers at a rate not lower than 70% of the local minimum wage standard, and the living expenses shall be paid until the enterprise resumes work, resumes production, or terminates the labor relationship.

The leave policy during the epidemic period is still in accordance with the provisions of the Labor Contract Law and the Labor Law, and will not be affected. The employer shall not cancel the employee's right to leave without reason. Employees have the right to take leave in accordance with the law, such as maternity leave, marriage leave, bereavement leave, family leave, etc., and workers have the right to rest and take leave after working and providing labor, which is the right enjoyed by workers as clearly stipulated in the Labor Law and the Labor Contract Law.

Even during the epidemic, their right to take a leave of absence should be guaranteed in accordance with the law. Because the epidemic prevention and control holiday is treated as a rest day, there are a total of 11 "statutory" holidays in China, of which: the Spring Festival statutory holiday is 3 days, and the General Office has extended the Spring Festival holiday in 2020 based on domestic epidemic considerations, and the extended 3 days are not statutory holidays.

Holidays extended by themselves based on the needs of epidemic prevention and control** in various localities are rest days and not statutory holidays. Employers who delay work can use annual leave to deduct it, which means that employees may not be able to take annual leave in the later stage. For employees who are affected by the epidemic and cannot arrive at their posts on time or enterprises cannot start production, enterprises should be guided to take the initiative to communicate with employees, and qualified enterprises can arrange employees to work from home through flexible working methods such as ** and the Internet to complete work tasks; For enterprises that do not have the conditions for remote work, negotiate with employees to give priority to the use of paid annual leave, enterprise-set welfare leave and other types of leave.

Extended material: How should wages be calculated during the pandemic?

1. Enterprises without normal labor shall pay living expensesIf the enterprise suspends work and production due to the impact of the pneumonia epidemic caused by the new coronavirus, and the employees do not provide normal labor, the enterprise shall pay the living expenses, and the standard of living expenses shall not be less than 70% of the minimum monthly wage standard of the employees in the place where the labor contract is performed.

2. The standard of living expenses shall not be less than 70% of the minimum monthly wage standard of employees in the place where the labor contract is performed, and the Municipal Human Resources and Social Security Bureau shall also make it clear in the first notice that the standard of living expenses shall not be less than 70% of the minimum monthly wage standard of employees in the place where the labor contract is performed.

Legal basis

Article 6 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises shall not be included in the annual leave holidays such as home visit leave, marriage and funeral leave, maternity leave, etc., which employees enjoy in accordance with the law, as well as the period of suspension of work due to work-related injuries and the period of salary retention.

Article 4 The number of days of annual leave shall be determined on the basis of the cumulative working hours of the employees. The period during which an employee works in the same or different units with different traces, as well as the period during which it is deemed to work in accordance with laws, administrative regulations, or provisions, shall be counted as cumulative working hours.

Legal analysis: During the epidemic period, it is possible to take annual leave normally, and the epidemic does not affect the normal rest of annual leave. Annual leave refers to the leave that is given to employees once a year.

Legal basis: Labor Law of the People's Republic of China Article 36 The State implements a working hour system in which the daily working hours of workers shall not exceed eight hours, and the average weekly working hours shall not exceed forty-four hours. Article 38 The employer shall ensure that the worker has at least one day off per week.

For workers who work on a piece-rate basis, the employer shall reasonably determine the labor quota and piece-rate remuneration standards in accordance with the working hours system stipulated in Article 36 of the Labor Law.

1. Long-term contact with people, service work:

1) For medium and long vacations, choose 1 3 times to adjust at home, these times are mostly before and at the end of the holiday, and 2 3 times for outdoor activities, such as attractions, going out, but not necessarily in crowded places.

2) Short vacations, that is, increase sleep, outdoor activities close to the ground, or return to family interaction to strengthen one's sense of belonging.

2. Work independently, basically research, accounting, and information work.

1) During medium and long vacations, choose hidden wheel gatherings, dating, and going out with family members, etc., increase contact with others, and carry out more talking and listening activities to regulate their emotions.

2) Short vacations, family or surrounding short-distance interaction, do not spend too much time at home.

3. Other solutions.

1) Time management: Categorize rest and outings or other activities, but before the end of the holiday, go home to adjust the state and go to work.

2) Emotion management: If you solve your emotions and emotions by interacting with others or regulating yourself, your choices will be more targeted.

3) It is not recommended to stay 100% at home or go out.