During the epidemic period, the vacation policy is still implemented in accordance with the Labor Contract Law and the Labor Law, and is not affected. The employing unit shall not cancel the right of workers to take vacations without reason. Workers are entitled to maternity leave, marriage leave, funeral leave, family leave and other vacation rights according to law. After working and providing labor, workers have the right to rest and vacation, which is clearly stipulated in the Labor Law and the Labor Contract Law. Even during the epidemic, their right to rest and vacation should be guaranteed according to law. Because the holiday for epidemic prevention and control is regarded as a rest day, the "legal" holiday in China is 1 1 day, of which the legal holiday for the Spring Festival is 3 days. Considering the domestic epidemic situation, the General Office of the State Council extended the holiday for the Spring Festival in 2020, which is not a legal holiday. The holidays that local governments need to extend based on epidemic prevention and control are rest days, not legal holidays. Employers who delay going to work can use annual leave to offset it, which means that employees may not be able to take annual leave later. If employees affected by the epidemic can't go to work on time, or enterprises can't start production, we should guide enterprises to actively communicate with employees. Conditional enterprises can arrange employees to work at home through flexible working methods such as telephone and internet to complete work tasks; For enterprises that do not have telecommuting conditions, negotiate with employees to give priority to the use of paid annual leave and welfare leave set by enterprises.
How should wages be calculated during the epidemic?
1. Enterprises without normal labor force shall pay the living expenses. If the enterprise stops production due to the novel coronavirus epidemic and the employees do not provide normal labor, the enterprise shall pay the living expenses, and the standard of living expenses shall not be lower than 70% of the monthly minimum wage 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 monthly minimum wage of employees in the place where the labor contract is performed. When forwarding the notice, the Municipal Human Resources and Social Security Bureau also made it clear that the standard of living expenses is not less than 70% of the monthly minimum wage of employees in the place where the labor contract is performed.
Legal basis:
Measures for the implementation of paid annual leave for enterprise employees Article 6 Family leave, funeral leave, maternity leave and other holidays prescribed by the state. The paid vacation period enjoyed by employees due to work-related injuries is not included in the annual vacation.
Article 4 The number of annual leave days shall be determined according to the accumulated working hours of employees. Employees who work in the same employer or different employers shall be regarded as working according to laws, administrative regulations or the provisions of the State Council, and shall be counted as accumulated working hours.