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Interpretation of Regulations and Policy Information on Wage Calculation and Payment Standards for Employees of Enterprises Affected by the Epidemic in Guangdong Province

Interpretation of Regulations and Policy Information on Wage Calculation and Payment Standards for Employees of Enterprises Affected by the Epidemic in Guangdong Province

Author: Lawyer Deng Gang

Unit: Guangdong Legal Shengbang Law Firm

Based on the impact of the pneumonia epidemic caused by the novel coronavirus, the state and Guangdong Province made corresponding adjustments on the Spring Festival holiday and the resumption of work of enterprises. During periods of work stoppage, production stoppage, resumption of work in special industries, as well as during periods of employee treatment and isolation, employers and employees have some confusion about how to apply the calculation and payment of salary standards.

According to the Notice of the General Office of the State Council on the Arrangement of Partial Holidays in 2020 (State Office Invention [2019] No. 16), the Spring Festival holiday is scheduled to be a 7-day holiday from January 24th to 30th, 2020. Start work on January 19th (Sunday) and February 1st (Saturday).

According to the Notice on Extending the 2020 Spring Festival Holiday issued by the General Office of the State Council, the 2020 Spring Festival holiday will be extended until February 2nd.

The Notice of the People's Government of Guangdong Province on the Resumption of Enterprises and the Opening Time of Schools requires that, except for special circumstances, all types of enterprises in this administrative region shall resume work no earlier than 24:00 on February 9th.

We have compiled relevant information and conducted statistical analysis on how enterprises affected by the epidemic in Guangdong Province pay their employees' wages during periods of work stoppage, production suspension, and employee isolation. For ease of reading, we have presented it in the form of a chart for interested friends to refer to and explore (you can click on the image below to enlarge and read).

Interpretation of Regulations and Policy Information on Wage Calculation and Payment Standards for Employees of Enterprises Affected by the Epidemic in Guangdong Province

Gregorian Date

January 31st

February 1st

February 2nd

February 3rd

February 4th

February 5th

February 6th

February 7th

February 8th

February 9th

February 10th

week

Friday

Saturday

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Monday

Lunar Date

January

seventh day of a lunar month

eighth day of a lunar month

ninth day of a lunar month

tenth day of a lunar month

eleven

twelve

thirteen

fourteen

fifteen

sixteen

seventeen

Before the outbreak of the epidemic
State Council Spring Festival Vacation Arrangements

weekday

Normal adjustment during the Spring Festival
weekday

Rest Day

weekday

Rest Day

weekday

After the outbreak of the epidemic
Leave and resumption of work arrangements by the State Council and Guangdong Province

the State Council
Extend rest days

State Council extends rest days

Non resumption of work days in Guangdong Province/
Special Industry Resumption Day

Non resumption of work days in Guangdong Province

Guangdong Province Comprehensive
Resumption of work day

Enterprises with normal production and operation

Enterprises involved in national economy, people's livelihood, and other special industries

Salary standards for employees providing labor

200% salary

100% salary

200% salary

100% salary

General enterprises

According to the regulations of the State Council and Guangdong Province, the salary payment standards during the rest period

Rest Day

weekday

Pay salary: according to the standards stipulated in the labor contract

Affected by the epidemic
Enterprises that have shut down production

Suspension of production within one salary payment cycle

Pay salary: according to the standards stipulated in the labor contract

Suspension of production for more than one salary payment cycle

Employees provided normal labor

Pay salary: no less than the local minimum wage standard

Employees fail to provide normal labor

Payment of living expenses: no less than 80% of the local minimum wage standard, paid until the date of resumption of work, resumption of production, or termination of labor relations

This information is compiled and produced by Lawyer Deng Gang from Guangdong Legal Shengbang Law Firm (Consulting WeChat: 13922198027)。

1、 Other instructions:
1. Employees who are unable to provide normal labor due to isolation measures such as isolation treatment, isolation observation, etc. for pneumonia patients, suspected patients, and close contacts infected by novel coronavirus shall be regarded as providing normal labor and pay employees for normal working hours.
2. If employees are scheduled to work on their rest days, the enterprise may arrange for them to take compensatory leave.
3. Employees who fail to return to work in a timely manner due to the epidemic can prioritize taking annual leave.
4. The maximum wage cycle used by enterprises for statistics shall not exceed 30 days.
5. Enterprises can apply for job stabilization subsidies according to local policies.

2、 Special risk reminder:
1. This note is compiled based on China's labor laws and regulations, as well as the provisions of the State Council and Guangdong Province on epidemic prevention and control. Due to the uncertainty of changes in labor policies, when there are different provisions or changes in relevant regulations and judgment standards, the producer of this note cannot ensure that it can be updated to readers in a timely manner.
2. Due to the different nature and employment forms of each enterprise, this statement cannot be used as a formal legal opinion. Please consult professional personnel for specific handling methods of the enterprise.

（picture format↑）

A letter from Guangdong Legal Shengbang Law Firm to the client

Lawyer Nan Fang, Senior Partner of Legal Shengbang, was invited to attend and give a speech at the 2nd Guangdong Enterprise Legal Service Forum