疫情下停工期的法律性质认定与待遇给付

On the Affirming of the Legal Nature and the Payment of treatment During Downtime Under the COVID-19

新冠肺炎疫情暴发后,国家卫健委将其纳入《传染病防治法》规定的乙类传染病范围,并决定采取甲类传染病的预防、控制措施,延长春节假期,企业停工停产,并延迟复工。对此,应当对停工期的法律性质进行界定,这是给付劳动者相关待遇的基本前提。从法理而言,停工期既不是休息日,也不是节假日,而是非常态下的特殊停工期。应通过完善非常态下的劳动法制,按照相应的标准给付相应待遇,保障疫情下劳动者的生活救济权。同时,国家应担负起责任,帮助企业减轻成本,企业也应采取多种方式降低成本,并与职工协商,共担风险,共渡难关。

After the outbreak of Corona Virus Disease 2019(COVID-19),the National Health Commission included the disease into B Class of infectious diseases as prescribed by the Law of the PRC on the Prevention and Treatment of Infectious Diseases,and decided to take preventive and control measures according to A Class infectious diseases,including extension of Spring Festival holidays,suspension of production and work in enterprises and delayed resumption of work.In this regard,the legal nature of the suspension period should be defined,which is the basic premise for the payment of relevant treatment to the workers.From the legal point of view,the suspension period is neither a rest day nor a holiday,but a special downtime under abnormal conditions.The corresponding welfare should be paid according to corresponding standards,by improving the labor legal system under abnormal situation so as to guarantee the workers'right of life relief under the epidemic situation.Meanwhile,the state should take responsibility to help enterprises reduce costs.Enterprises should also take various ways to reduce costs,and share risks and overcome difficulties with employees by negotiation.