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Stabilizing labor relations in challenging times
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The highlights are as follows:人力资源社会保障部联合其他三家全国性组织于2020年2月7日发布了<关于做好新型冠状病毒感染肺炎疫情防控期间稳定劳动关系支持企业复工复产>的意见。主要内容如下:
I. Paying close attention to the new challenges brought about by the outbreak to labor relationsCompanies and employees should be guided in sharing the responsibility in overcoming current difficulties, and to ensure overall harmony and stability of labor relations.一、高度重视疫情对劳动关系领域带来的新挑战引导企业与职工共担责任共渡难关,确保劳动关系总体和谐稳定。
II. Flexibility while handling labor issues二、灵活处理疫情防控期间的劳动用工问题
* Companies are encouraged to negotiate with employees to resolve employment issues before resuming work. If employees cannot resume work on time or companies cannot start production on time due to the outbreak, companies may try to arrange for employees to work from home by telephone, internet and other flexible ways to meet their job obligations. Companies who are unable to do so are recommended to negotiate with employees to use their paid annual leave or other welfare leave available as a first option.Companies should be helped to minimize the losses caused by the impact of the epidemic on the basis of taking into account the legitimate rights and interests of both companies and employees.* 鼓励协商解决复工前的用工问题。对因受疫情影响职工不能按期到岗或企业不能开工生产的,有条件的企业可安排职工通过电话、网络等灵活的工作方式在家上班完成工作任务;对不具备远程办公条件的企业,与职工协商优先使用带薪年休假、企业自设福利假等各类假。在兼顾企业和劳动者双方合法权益的基础上,帮助企业尽可能减少受疫情影响带来的损失。
* To guide and standardize the management of employment. A company shall not, during this period, terminate a labor contract with employees who are unable to provide regular work as a consequence of being affected by the relevant measures or return dispatched employees. For companies that meet the requirements to resume work, companies should be instructed to provide the necessary epidemic prevention protection and labor protection measures, and actively mobilize employees to return to work. For employees who do not wish to return to work, companies should advise employees to return to work on time. If employees refuse to return to work without justified reasons, companies shall deal with such behavior in accordance with the law.* 指导规范用工管理。要求企业不得在此期间解除受相关措施影响不能提供正常劳动职工的劳动合同或退回被派遣劳动者。对符合规定的复工企业,要指导企业提供必要的防疫保护和劳动保护措施,积极动员职工返岗。对不愿复工的职工,主动劝导职工及时返岗。对经劝导无效或以其他非正当理由拒绝返岗的,指导企业依法予以处理。
III. Wage negotiation三、协商处理疫情防控期间的工资待遇问题
* Support should be provided in negotiating wages during the period of absence. During the period of delayed resumption or non-return to work affected by the outbreak, for employees who have used up all kinds of leave, but who are still unable to provide regular work or other employees unable to provide regular work, the companies shall be instructed to pay wages in accordance with the standards stipulated in the labor contract within a period of a wage payment period, in accordance with the relevant regulations of the State on the payment of wages during the suspension and shutdown and via negotiation with employees. For the time beyond one wage payment cycle, living expenses shall be provided by companies in accordance with the relevant provisions.*支持协商未返岗期间的工资待遇。在受疫情影响的延迟复工或未返岗期间,对用完各类休假仍不能提供正常劳动或其他不能提供正常劳动的职工,指导企业参照国家关于停工、停产期间工资支付相关规定与职工协商,在一个工资支付周期内的按照劳动合同规定的标准支付工资;超过一个工资支付周期的按有关规定发放生活费。
*To support companies in negotiating wages with employees. Companies that have encountered difficulties in production and operation, are encouraged to negotiate with their employees by means of democratic procedures to adjust salaries, shifts or job rotation, shorten working hours and other means to stabilize employment. Those companies who are unable to pay wages for the time being, shall be guided to negotiate with trade unions or staff representatives to defer payment, in an effort to help companies to reduce the pressure on capital turnover.*支持困难企业协商工资待遇。对受疫情影响导致企业生产经营困难的,鼓励企业通过协商民主程序与职工协商采取调整薪酬、轮岗轮休、缩短工时等方式稳定工作岗位;对暂无工资支付能力的,要引导企业与工会或职工代表协商延期支付,帮助企业减轻资金周转压力。
IV. Other measures to reduce the burden on companies* The cost of companies for employment stabilization shall be reasonably shared* Free online training is available at:px.class.com.cn 四、采取多种措施减轻企业负担 *合理分担企业稳岗成本 *提供在线免费培训,开放“中国职业培训在线”
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