What does it mean to arrange compensatory leave during the extended Spring Festival holiday in 2020? How to calculate wages for employees who cannot be given compensatory leave?

On February 7, the Ministry of Human Resources and Social Security and other departments issued the "Opinions on Stabilizing Labor Relations and Supporting Enterprises' Resumption of Work and Production during the Prevention and Control of the New Coronavirus Pneumonia Epidemic", which clearly stated that compensatory leave should be arranged for those working during the extended Spring Festival holiday. What does that mean specifically? How to calculate the salary for the period of time that cannot be compensated?

What does it mean to arrange compensatory leave during the extended Spring Festival holiday?

People who are quarantined due to the epidemic cannot go to work normally. This is caused by objective reasons, not that they are unwilling to go to work subjectively. Considering the overall situation, for the infected, this is a passive illness caused by the public health incident. They should also be compensated during the treatment period. After all, it is all for the purpose of cooperating with the country's anti-epidemic work. Therefore, the quarantined and infected people should not suffer economic losses, especially those workers who have not had a holiday. They are more tired. After resuming work, they must be arranged to take compensatory leave to allow them to rest and adjust. This measure allows patients and quarantined persons to receive treatment and observation with peace of mind.

How to calculate wages for employees who cannot be given compensatory leave?

For employees who cannot take leave during the extended Spring Festival holiday due to epidemic prevention and control, enterprises should be guided to arrange compensatory leave first. For those who cannot arrange compensatory leave, overtime pay should be paid in accordance with the law.

The measure of arranging compensatory leave during the extended Spring Festival holiday is very humane, heartwarming and necessary.

The original text is as follows:

To the Human Resources and Social Security Departments (Bureaus), Federations of Trade Unions, Enterprise Confederations/Entrepreneurs Associations, and Federations of Industry and Commerce of all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps:

In order to implement the decisions and arrangements of the Party Central Committee on the prevention and control of the new coronavirus pneumonia epidemic, actively play the important role of enterprises and employees in epidemic prevention and control, fully support enterprises to resume work and production and stabilize labor relations, and mobilize employees to unite and overcome difficulties together, the following opinions are put forward on stabilizing labor relations and supporting enterprises to resume work and production during the epidemic prevention and control period.

1. Attach great importance to the new challenges brought by the epidemic to the field of labor relations

Recently, affected by the novel coronavirus pneumonia epidemic, the field of labor relations faces new situations and new problems. Enterprises in some industries are facing great production and operation pressure, workers are facing risks such as waiting for work, unemployment, and reduced income, the instability of labor relations is increasing, and labor relations contradictions are gradually becoming prominent. At present, the prevention and control of the new coronavirus pneumonia epidemic is at a critical stage. The three parties to labor relations coordination at all levels must earnestly study and implement General Secretary Xi Jinping’s series of important instructions on epidemic prevention and control, resolutely implement the decisions and arrangements of the Party Central Committee, attach great importance to the outstanding problems arising in the operation of labor relations in the current special period, strengthen labor relations risk monitoring and assessment, and guide enterprises and employees to share responsibilities and overcome difficulties together. We must give full play to the unique role of the tripartite mechanism in protecting enterprises, employment and stability, conduct in-depth analysis of the current labor relations situation, help enterprises formulate measures for resumption of work and production based on actual conditions, unite all parties to take joint action, increase guidance and services for the handling of labor relations in enterprises during special periods, and ensure overall harmony and stability in labor relations.

2. Flexibly handle labor and employment issues during the epidemic prevention and control period

1. Encourage negotiation to resolve employment issues before resuming work. For employees who cannot report to work on time or enterprises that cannot start production due to the impact of the epidemic, enterprises should be guided to proactively communicate with employees. Enterprises with conditions can arrange for employees to work from home to complete their work tasks through flexible working methods such as telephone and Internet. For enterprises that do not have the conditions for remote work, negotiate with employees to give priority to the use of various types of leave such as paid annual leave and enterprise-established welfare leave. We must guide enterprise trade unions to actively mobilize employees to stand together with enterprises, and help enterprises minimize the losses caused by the epidemic on the basis of taking into account the legitimate rights and interests of both enterprises and workers.

(2) Flexible working hours are encouraged. During the epidemic prevention and control period, in order to reduce the gathering of people, enterprises that resume work in accordance with the regulations are encouraged to implement flexible employment measures, and negotiate with employees to flexibly arrange working hours through staggered get off work hours, flexible get off work hours, etc. For enterprises that need to work overtime urgently to undertake government epidemic prevention and control tasks, on the premise of ensuring the physical health and labor safety of workers, they will be guided to negotiate with trade unions and employees and appropriately extend working hours to cope with emergency production tasks, and will not be subject to restrictions on extended working hours according to the law.

(3) Provide guidance and standardize employment management. During the epidemic prevention and control period, enterprises should be guided to fully understand the circumstances of employees being isolated or the emergency measures taken by the government, and be required not to terminate the labor contracts of employees who are unable to provide normal labor due to the relevant measures or return dispatched workers during this period. For enterprises that meet the requirements for resuming work, we must guide them to provide necessary epidemic prevention and labor protection measures, and actively mobilize employees to return to work. For employees who are unwilling to return to work, we must guide enterprise trade unions to promptly publicize the requirements of epidemic prevention and control policies and the importance of resuming work, and actively persuade employees to return to work in a timely manner. For those who refuse to return to work despite persuasion or for other improper reasons, guide the enterprises to deal with them according to law. Enterprises are encouraged to actively explore ways and methods to stabilize labor relations. For enterprises that still need to lay off employees after taking corresponding measures, they should be guided to formulate layoff plans, perform relevant procedures in accordance with the law, properly handle labor relations, and maintain normal production and operation order of the enterprise.

3. Negotiate and deal with salary and benefits issues during the epidemic prevention and control period

(IV) Support the negotiation of wages and benefits during the period when employees are not returning to work. During the period of delayed resumption of work or non-return to work due to the epidemic, for employees who have used up all types of leave and still cannot provide normal labor or other employees who are unable to provide normal labor, enterprises are guided to refer to the relevant national regulations on wage payment during shutdowns and production stoppages to negotiate with employees, and pay wages in accordance with the standards stipulated in the labor contract within one wage payment cycle; if it exceeds one wage payment cycle, living expenses shall be paid in accordance with relevant regulations.

(V) Support struggling enterprises in negotiating wages and benefits. For enterprises that are affected by the epidemic and have difficulties in production and operation, enterprises are encouraged to negotiate with employees through democratic consultation procedures to take measures such as adjusting salaries, rotating shifts, shortening working hours, etc. to stabilize jobs; for those who are temporarily unable to pay wages, enterprises should be guided to negotiate with trade unions or employee representatives to postpone payment, to help enterprises reduce the pressure on capital turnover.

(6) Guaranteeing the wage and benefits rights and interests of employees. For employees who are unable to provide normal labor due to being quarantined in accordance with the law, enterprises should be guided to pay their wages according to normal labor; after the quarantine period, for employees who still need to stop working for treatment, their wages should be paid according to relevant regulations on medical leave. For employees who cannot take leave during the extended Spring Festival holiday due to epidemic prevention and control, enterprises should be guided to arrange compensatory leave first. For those who cannot arrange compensatory leave, overtime pay should be paid in accordance with the law.

IV. Take various measures to reduce the burden on enterprises

(VII) Help enterprises reduce recruitment costs. We must increase the intensity of online recruitment services, create an online Spring Breeze Action, vigorously promote remote interviews, and increase the "point-to-point" direct connection rate between recruiting companies and workers. Standardize the charges for human resources services and resolutely crack down on malicious behavior of raising labor prices. For enterprises that are affected by the epidemic and have severe labor shortages or enterprises that undertake government guarantee tasks, human resources service agencies are encouraged to reduce or waive fees and provide recruitment services.

(8) Reasonably share the cost of stabilizing employment in enterprises. Make good use of the unemployment insurance job retention refund policy, and relax the layoff rate standards for small and medium-sized enterprises that have not laid off or laid off fewer employees due to the impact of the epidemic, so that more enterprises can benefit. Make good use of the training fee subsidy policy. For enterprises affected by the epidemic, if they organize employees to participate in various online or offline vocational training during the shutdown period and recovery period while ensuring epidemic prevention and safety, they can include them in the subsidized training scope according to regulations. Make good use of the policy to support union funds for small and micro enterprises, and fully refund the union funds to eligible small and micro enterprises affected by the epidemic. Make good use of corporate organization fees and refund a certain percentage of corporate fees to eligible struggling enterprises affected by the epidemic. Make good use of the union’s special funds for epidemic prevention, increase condolences to front-line workers in epidemic prevention, and fully mobilize workers’ enthusiasm to participate in epidemic prevention and control.

9. Provide free online training. Guide enterprises to actively organize free online training for employees, support and help enterprises affected by the epidemic, especially small and medium-sized enterprises, to carry out employee skills training and job transfer training for employees of troubled enterprises, open all functions of the "China Vocational Training Online" platform, and provide free training and teaching resources.

V. Coordinate the efforts of all parties to increase guidance and service efforts

(10) Strengthen labor and employment guidance and services. Human resources and social security departments at all levels should promptly study and resolve major issues in the field of labor relations during the epidemic prevention and control period, actively respond to social concerns, formulate targeted policies, accurately interpret policies, and help enterprises solve difficulties in development. We must do a good job in the tripartite leadership of coordinating labor relations, strengthen policy publicity and organizational coordination, give full play to the advantages of all parties, and form a working synergy. Trade unions at all levels should do a good job in uniting and mobilizing the majority of employees, actively play the role of enterprise trade unions, and provide necessary assistance and relief and psychological crisis intervention and counseling to employees in need. We must guide employees to care about the survival and development of the enterprise and express their demands rationally in accordance with the law. Mobilize employees to vigorously carry forward the spirit of labor, the spirit of model workers, and the spirit of craftsmanship, and contribute their ideas and strength to the long-term development of the enterprise. Enterprise associations and industrial and commercial federations at all levels should sort out and assess the actual difficulties of enterprises and actively provide targeted assistance and support policy recommendations and guidance services to relevant departments. They should encourage enterprises to assume social responsibilities and improve their competitiveness through technological innovation. We must guide enterprises that have difficulties in production and operation due to the impact of the epidemic, improve their internal democratic consultation mechanisms, open up channels for dialogue with employees, and stabilize labor relations and jobs through various means. We must guide enterprises to care about the health of employees, help them solve their practical difficulties, and effectively protect their rights and interests. We must give full play to the positive role of industry associations, reduce the operating burden of enterprises through forms such as rent reduction or exemption, and guide enterprises in the same industry or upstream and downstream to help each other and work together for warmth.

(11) Proactively resolve labor relations conflicts. We must strive to resolve potential risks in the bud, focus on improving the ability of grassroots organizations to prevent and resolve labor disputes, and encourage enterprises to establish and improve internal labor dispute consultation and resolution mechanisms. We will vigorously strengthen professional labor dispute mediation work, innovate arbitration case handling methods, strengthen guidance and supervision of dispute resolution, give full play to the synergy of multiple mechanisms, vigorously promote "Internet + Mediation and Arbitration", and effectively improve the efficiency of dispute resolution. Further open up reporting and complaint channels, strengthen labor and social security supervision and law enforcement, and investigate and punish illegal acts in accordance with the law.

(12) Do a good job in commending advanced models. The three parties to labor relations coordination at all levels must carry out in-depth activities to create harmonious labor relations, actively publicize enterprises that truly achieve the goal of discussing things well, discussing more when encountering problems, and solving problems together during the prevention and control of the epidemic; and give priority to enterprises and individuals that have made outstanding contributions to stabilizing labor relations during the epidemic prevention and control period in the evaluation of harmonious labor relations creation activities, selection of model workers, and awarding of May 1st Labor Medals and certificates of honor. Encourage and guide the majority of entrepreneurs and employees to actively perform their duties and take on their responsibilities in epidemic prevention and control work.

The three parties coordinating labor relations at all levels must earnestly enhance the "four consciousnesses", strengthen the "four self-confidences", and achieve the "two safeguards". They must thoroughly implement the decisions and arrangements of the Party Central Committee on responding to the novel coronavirus pneumonia epidemic, and take stabilizing labor relations and supporting enterprises and employees in overcoming difficulties as important current tasks. They must coordinate the relationship between promoting enterprise development and safeguarding employee rights and interests, give full play to the institutional advantages of harmonious labor relations with Chinese characteristics, strengthen confidence, take positive actions, and make positive contributions to winning the battle against the epidemic.