重大疫情下延迟复工期间劳动者工资支付问题研究

Analysis on the Salary Payment for Employees in the Case of Delayed Work Resumption under the Situation of Major Epidemic

受“新冠”疫情影响,我国在2020年春节假期后出现大范围延迟复工的现象。为应对重大疫情下延迟复工期间劳动者的工资支付问题,国家和各地人社部门出台了相应的政策和规定,但这些政策和规定没有对造成延迟复工的原因进行区分,也未充分考虑本次延迟复工影响的范围和深层次社会影响,部分内容存在与现行法不一致的现象。妥善处理延迟复工期间劳动者工资支付问题,应在现行法框架内对延迟复工的原因进行细化,注重双方的利益平衡,促进协商处理。协商阶段应鼓励双方用年休假、加班等方式折抵延期复工期,鼓励在法律允许的范围内灵活用工以及协商中止劳动合同。对因不可抗力造成的延迟复工可适用劳动合同中止,对情势变更等其他原因导致的延迟复工应适用相应法规。

Influenced by the outbreak of“Novel Corona-virus(COVID-19)”during the Spring Festival of 2020,most companies and organizations had to delay their work resumption.As for the salary payment for employees who were delayed to go back to their position in this setting,the government and local ministries of human resource and social security tried to give some suggestions and interpret the related policies.However,these interpretations do not categorize the reasons why the resumption was delayed,nor do they take the scope and social impacts of delaying the work resumption into consideration.Besides,parts of the interpretations contradict with the current laws.Therefore,it is reasonable to subdivide the reasons for the delay of work resumption under the framework of the current laws,balance the profits of both employers and employees and guide them to have discussions on how to resolve the issue.During the discussion,the two parties are advised to shorten the annual vocation or work overtime to compensate for delaying the work resumption,and employ other new working methods or terminate the labor contract within the scope of laws and regulations.Termination of labor contract can be applied to the case of delaying the work resumption due to force majeure,while there also should be related regulations available to deal with the cases resulted from other reasons.