According to the "Labor Contract Law" and the "Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of the Pneumonia Epidemic of New Coronavirus Infection", enterprises can make adjustments through consultation with employees Salary.
(1) Through negotiation with employees one by one, a special "Supplementary Agreement", "Letter of Commitment" and other similar written documents will be signed regarding the salary issue during the delayed resumption of work, clarifying the method and amount of salary and bonus calculation during this period, The employees will sign and confirm one by one, and the company will keep it for future reference.
(2) After the enterprise's salary payment cycle expires, it shall sign "Settlement Statement", "Confirmation Letter" and other similar written documents with employees regarding the payment status of this cycle to indicate employees' understanding of the composition and items of wages. , amount, deduction and other matters are confirmed to be correct.
(3) After holding a staff meeting (meeting in a non-contact format such as online), employee representative meeting or equal consultation with the trade union, issue the company’s documents on salary payment during the epidemic, and submit the documents Announcement to employees. After public announcement, it will be implemented as special rules and regulations. However, it is necessary to ensure that the rules and regulations comply with the relevant provisions of Article 4 of the Labor Contract Law, that is, the contents of the rules and regulations are reasonable and legal, and the formulation procedures meet legal requirements.
In fact, both employers and employees are very clear about the time of suspension of work and production, and require employees to work from home. If the operation of the unit is already in difficulty due to the epidemic, even if a salary reduction is required, it cannot be done unilaterally by the employer. It was decided that the company should actually negotiate with employees. The direct and unilateral salary reduction violated the legitimate rights and interests of employees.