Q&A on Wages Treatment during the COVID-19 Outbreak in Shenzhen
Many communities in Shenzhen are closed due to the COVID-19 outbreak recently. Lots of people are not able to work as normal. Kaizen hereby summarizes the relevant policies on wages treatment during the COVID-19 outbreak for your easy reference.
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Do you have to pay wages to the employees who are not able to work as normal as their communities have been closed due to the COVID-19 outbreak?
A: If the employees are infected patients, pathogen carriers, suspected patients or close contacts, the employer shall pay wages as normal during their quarantine period.
If the employees are not under the circumstance mentioned above, it shall be handled as follows:
(1)
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The employer shall pay wages as normal if the employees can work through telephone, internet and other means.
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(2)
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If the employer arranges the employees to use paid annual leave, welfare leave and other holidays set by the employer, the wages shall be paid in accordance with the regulations of the corresponding leaves and holidays.
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(3)
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If the employees are not able to work through other means and no leaves or holidays are taken, the employer shall negotiate with the employees with reference to the regulation on the payment of wages during the production or operation suspension period:
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The wages shall be paid based on the agreed amount stated in the employment contract within one wage payment term.
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The employer shall pay living expenses to the employees, which shall not be less than 80% of the minimum wage standard in Shenzhen, if the period exceeds one wage payment term.
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The starting and ending date of the employer's production or operation suspension period shall be calculated continuously from the date of suspension to the day before resumption of production or operation. The longest wage payment term shall not exceed 30 days (including rest days, statutory holidays and other holidays). If the wage payment date of the employer is within this period, it will not affect the subsection calculation of wages according to the payment standards related to production or operation suspension.
If the employer resumes production or operation and then suspend production or operation again, it shall recalculate the time. The time of two suspensions shall not be accumulated.
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How to calculate the wages for the COVID-19 patients who need to continue medical treatment after the quarantine period?
A: If the employees still need medical treatment after the end of the quarantine period, the employer may pay those employees the sick leave wages during the medical treatment period.
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Is it possible for the employer to negotiate with the employee to adjust wages due to the epidemic?
A: Yes. An enterprise with difficulties in production and operation due to the COVID-19 may negotiate with its employees to adjust wages.
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