1. The employment notice has been sent to the candidate. Due to the impact of epidemic prevention and control, can you notify the delay in the entry procedures? Can you cancel the employment?

According to the provisions of Article 7 of the the People's Republic of China Labor Contract Law, the employer may notify the employee to delay the entry formalities if the employer issues an employment notice and, before the formal establishment of labor relations, is objectively unable to go through the entry formalities due to the epidemic. The offer is a contractual offer and is binding on the employer. The employer can negotiate with the employee to cancel the employment . If the employer unilaterally terminates the employment, the employer shall bear the liability for contracting negligence and compensate the employee for the relevant losses.

2. The employee is still on probation, and the probation period expires during the epidemic prevention and control period. Can the probation period be extended?

According to Article 19 of the the People's Republic of China Labor Contract Law, if an employee is unable to provide normal labor during the probation period due to the epidemic, the probation period may be extended accordingly by consensus between the employer and the employee, but the extension shall not exceed the time during which the employee is unable to provide normal labor.

3. During the epidemic prevention and control period, can not enter into or renew a written labor contract, how to deal?

Affected by the epidemic, the employer cannot conclude or renew a written labor contract with the employee in a timely manner in accordance with the law, and the employee's request for two times the wage difference without signing a written labor contract will not be supported.

During the prevention and control of the epidemic, the employer and the employee may conclude a labor contract in electronic form by consensus. Once an electronic labor contract that complies with the labor contract law, electronic signature law and other laws and regulations is concluded, it has the same legal effect as a written labor contract.

1. How to determine the salary and treatment of pneumonia patients, suspected patients and close contacts infected with novel coronavirus during quarantine measures?

If the pneumonia patients, suspected patients and close contacts infected with novel coronavirus are unable to provide normal labor due to isolation measures such as isolation treatment and isolation observation, the employer shall treat them as providing normal labor and pay the wages of the employees during normal working hours.

After the end of the isolation period, for patients who still need to stop working for treatment, the employer shall pay their sick pay in accordance with the relevant provisions of the medical treatment period.

2. How are wages determined during treatment for new coronary pneumonia or during medical observation and during quarantine measures imposed by the government?

The employee's request for the employer to pay the wages and remuneration during the period of isolation treatment for new crown pneumonia or during medical observation and during the period of isolation measures implemented by the government shall be supported.

Employees who do not comply with the government's epidemic prevention and control regulations, resulting in isolation treatment or medical observation, will not be supported if the employee requests salary during the period.

3. As the government has taken emergency measures such as suspension of work and closure of epidemic areas in accordance with the law, employers have delayed the resumption of work, and employees have requested wages and remuneration during the period when they cannot return to work. What should be done?

If the employer arranges for the employees who have not returned to work to provide normal labor through telephone, network and other means, the wages shall be paid according to the normal labor.

If the employer arranges for employees to use various types of leave such as paid annual leave and the employer's own welfare leave during the epidemic prevention and control period, wages shall be paid in accordance with the relevant holiday provisions.

If the employer has not resumed work or resumed work but the employee has not returned to work and cannot provide normal labor through other means, it shall negotiate with the employee according to the relevant provisions on wage payment during the shutdown period, and pay the wage in accordance with the standard agreed in the labor contract in a wage payment cycle; If the wage payment cycle exceeds one, the employer shall pay living expenses, and the living expenses shall be paid at not less than 80% of the local minimum wage standard.

The starting and ending date of the employer's suspension of work shall be calculated continuously from the date of suspension of work to the day before the resumption of work.

A wage payment period of up to 30 days (excluding rest days, statutory holidays and other types of leave).

If the employer's payroll date is during this period, it will not affect the calculation of wages in segments according to the payment standards related to the shutdown.

If the employer resumes work after stopping work and stops work again after resuming work, it shall be recalculated for each interruption, and the time of two stoppages shall not be calculated cumulatively.

4. During the prevention and control of the epidemic, what should employees do if they refuse to take annual leave or welfare leave arranged by the employer?

According to the first paragraph of Article 5 of the regulations on paid annual leave of employees, the employer shall, according to the specific conditions of production and work, and taking into account the wishes of the employees, make overall arrangements for the annual leave of employees. Employees take annual leave, in principle, subject to mutual agreement.If the employee does not agree with the annual leave arranged by the employer but there is no justifiable reason, the employer can directly arrange the employee to take the annual leave without paying the salary of the unpaid annual leave.

5. How to define the "normal working time salary" paid by employees during their home office or isolation period "?

According to the provisions of Article 4 of the regulations on the payment of wages of employees in Shenzhen, except for "overtime wages, subsidies under special working conditions such as middle shift, night shift, high temperature, low temperature, underground, toxic and harmful, and other expenses that are not wages according to regulations", all the others belong to "normal working hours wages".

6. Employers affected by the outbreak to stop production, wages and treatment how to deal?

If the employer is affected by the epidemic to stop production and does not exceed one wage payment cycle, it shall pay wages in accordance with the wage standard agreed upon in the labor contract.

If more than one wage payment cycle is exceeded, the employer and the employee may negotiate a new wage standard based on the labor provided by the employee; if the negotiation fails, the employer may terminate the labor contract in accordance with Article 40 of the Labor Contract Law, but shall pay economic compensation to the employee in accordance with Articles 46 and 47 of the Labor Contract Law.

If more than one wage payment cycle, the employer does not arrange the employee to work, and the employee's living expenses shall be paid at not less than 80% of the local minimum wage standard. If the employer fails to arrange the employee to work and fails to pay the living expenses according to the above-mentioned standards, and exceeds the reasonable period or the agreed period, the employee shall propose to terminate the labor contract and request living expenses and economic compensation in accordance with Article 38 of the Labor Contract Law, it shall be supported.

7.Affected by the epidemic, the employer can not pay wages on time should be how to deal?

If the employer has temporary difficulties in paying the employee's wages due to the epidemic, it may defer the payment of the employee's wages after consensus with the employee.

8. If the employer has difficulties in production and operation due to the impact of the epidemic, how should it deal with them?

According to Article 2 of the Notice of the General Office of the Ministry of Human Resources and Social Security on the Proper Handling of Labor Relations during the Prevention and Control of the Pneumonia Epidemic Infected with Novel Coronavirus, employers may adjust their employees' salaries by consensus with their employees. In addition, it is also possible to stabilize jobs through job rotation, shortening working hours, etc., and try not to lay off or reduce layoffs.

9. If the employee needs to continue to recuperate at home after the end of the isolation measures, will the employer pay wages during the recuperation period?

If the employee can issue a sick leave certificate, the treatment shall be paid according to the sick leave;

If there is no sick leave certificate, the employer can give priority to the employee's annual leave, overtime leave, company welfare leave, etc;

If the employee has neither medical institution sick leave certificate nor other leave available, the employer can treat it as personal leave.

10. If the annual leave and medical treatment period overlap with the national legal holidays, shall they be postponed?

According to article 3 of the regulations on paid annual leave for employees and the provisions of paragraph 2 of article 1 of the notice of the former Ministry of labor on the implementation of the regulations on medical treatment period for employees of employers with illness or non-work-related injuries, if the annual leave and medical treatment period overlap with national legal holidaysshould not be postponed.

1. Does the employer support the delay in the payment of wages due to the impact of the epidemic, and the employee is forced to terminate the labor relationship and request financial compensation?

According to the provisions of the Guangdong Provincial Higher People's Court on the trial of labor and personnel dispute cases involving the new coronary pneumonia epidemic, the employer affected by the epidemic delayed the payment of wages for less than 30 days, or failed to pay social insurance premiums in a timely manner in accordance with the law, the employee on this ground to terminate the labor contract and request financial compensation, will not be supported.

2. Does the employer support the termination of a labor contract that expires during the epidemic prevention and control period and the employee's request for continued performance or payment of compensation?

If the labor contract expires during the period of isolation treatment, medical observation and other emergency measures taken by the government, the term of the labor contract shall be postponed to the expiration of the period of isolation treatment, medical observation and isolation or the emergency measures taken by the government.

If the employer terminates the labor contract that expires during the above-mentioned period, the employee's request to continue to perform shall be supported. If the employee does not request to continue to perform or the labor contract can no longer be performed, the request for compensation shall be supported.

3. Does the employer support the termination of the labor contract on the grounds that the employee is unable to provide normal labor during treatment or during epidemic prevention and control, and the employee requests to continue to perform or pay compensation?

员If the employee fails to provide normal labor due to isolation treatment, medical observation, government implementation of isolation measures or other emergency measures, the employer terminates the labor contract based on this, and the employee requires to continue to perform, it shall be supported;

If the employee does not request to continue to perform or the labor contract can no longer be performed, the request for compensation shall be supported.

4. Employees suffering from new coronary pneumonia after treatment can not engage in the original job, nor can they engage in work arranged by the employer, the employer can terminate the labor contract?

Employees suffering from new coronary pneumonia cannot engage in the original job after the prescribed medical period expires, nor can they engage in the work separately arranged by the employer. The employer stipulates in accordance with Article 40 of the Labor Contract LawThe labor contract may be terminated, but economic compensation shall be paid.

5. Can the employer terminate the labor contract if the employee refuses treatment, medical observation, medical examination or isolation in violation of the government epidemic prevention and control measures?

According to the provisions of the Guangdong Provincial higher people's Court on the trial of labor and personnel dispute cases involving the new coronary pneumonia epidemic, if an employee refuses treatment, medical observation, medical examination or isolation in violation of government epidemic prevention and control measures, affecting the production and operation of the employer or seriously violating labor discipline or rules and regulations of the employer, the employer may terminate the labor contract in accordance with Article 25 of the Labor Law or Article 39 of the Labor contract Law.

6. If the employee refuses to return to work after the conditions for returning to work are met, can the employer terminate the labor contract?

Employees shall not refuse the reasonable work arrangement of the employing unit without justifiable reasons. if the employee refuses to come to the post after receiving the notice of returning to the post of the employing unit,the employing unit can be treated as absenteeism. If the employee's situation reaches a serious violation of rules and regulations or labor discipline, the employer may terminate the labor contract.