How to calculate remuneration for home office
2022-04-14
Recently, the epidemic situation has risen. Some areas such as Jilin and Shanghai have successively implemented static management. Many enterprises choose to let employees work at home in order to comply with epidemic prevention policies and not close down. During this period, the boundary between life and work gradually blurred. Will performance appraisal, salary payment and working hours be changed due to home office? In view of the topics concerned by these workers, the reporter of workers' Daily recently interviewed relevant lawyers and experts. Focus 1: how to calculate the working hours without clocking in? At the end of March, the labor dispute between Ms. Liu and Beijing Jiuding Weiye Investment Co., Ltd. ushered in the judgment of the second instance. How to calculate attendance, overtime and working hours during home office has become the focus of controversy. Ms. Liu said that she worked at home and provided work results from February to March 2020. The company should pay her labor remuneration in full, and provided meeting notices, wechat communication records, work evidence of rest days in large and small weeks, screenshots of business trip reimbursement approval process and payment information of the insured. Finally, the second intermediate people's Court of Beijing supported Ms. Liu's relevant demands, and she got back tens of thousands of yuan of wages owed by the company. During the period of home office, the usual way of clock in and sign in for office workers has been weakened, which has brought new challenges to the identification of working hours. Li Huaping, legal adviser of Shanghai Federation of trade unions and director of Shanghai Qifang law firm, believes that during home office, if the employer needs to set specific working hours for workers, it can adopt corresponding remote attendance methods, and workers should cooperate. Lawyer Liu Yi, a member of the female lawyer volunteer group of Shanghai Federation of trade unions, suggested that the enterprise can make specific provisions in the home office notice issued to employees as the basis for the rights protection of both parties. "The working time and response time can be specified in the notice, and the corresponding reward and punishment standards can be set". The working hours of some workers working at home exceed the legal working hours. How to calculate the overtime salary? Ye Jia, presiding judge of the civil court of the first intermediate people's Court of Shanghai, and judge Xu Yan said that if the employing unit strictly requires workers to work according to the standard hours in a relatively independent space, the work exceeding the hours required by the unit can be recognized as overtime in due time. In this case, the laborer shall pay attention to keep the relevant work instructions with the fixed employer and the evidence that can show the communication of work content and completion time. Focus 2: how to judge the work performance? On the one hand, workers advocate that all performance objectives are completed during home office, and the enterprise should pay wages and performance bonuses in full; On the other hand, the enterprise believes that according to the daily work record of the enterprise's OA system, the workload and work performance of the worker during home stay have decreased, which is obviously inconsistent with the work expectation and normal work progress. The dispute went through the first and second instance. The court ruled that the company involved in the case paid more than 130000 yuan of wages and performance wages to workers. One of the focuses of the dispute between the two sides in this case is the determination of job performance. The court held that the enterprise claimed that the workload of workers was small and the performance declined, but the evidence submitted by it was not enough to prove the claim. During the epidemic period, it is difficult for enterprises to do face-to-face management, and the identification of work achievements often depends on "hard indicators" such as data. Li Huaping said that under such circumstances, employers generally conduct corresponding performance appraisal based on the work content completed by workers. "If both parties have a clear agreement on performance salary, such as the amount of performance salary in the labor contract or salary confirmation form, the method of performance appraisal and the cashing coefficient of performance salary are stipulated in the rules and regulations, and the rules and regulations have gone through the legal democratic procedures and notification procedures, both parties shall implement the corresponding performance appraisal system." Liu Yi said. Liu Yi said that in particular, the main indicators of performance appraisal are performance completion rate, workload or work performance. The company should pay performance salary according to the actual appraisal situation and keep the appraisal basis. All employees shall be informed of the democratic performance coefficient after the company's general meeting or the compliance process, if necessary, and the compliance coefficient shall be adjusted through the discussion of all employees. "From the perspective of employees, we should keep the employment notice, salary confirmation form, salary details, performance appraisal system and other materials, so as to protect our rights and interests to the greatest extent in case of disputes; for the company, we should establish a scientific performance appraisal system and improve the appraisal basis, so as to realize effective management." Liu Yi concluded. Focus 3: the situation is different. What's the pay attention to? How to calculate and pay wages for workers during home office? Lawyer Liu Yi combed and analyzed several situations. During the segmented and grid nucleic acid screening, Shanghai implemented "2 + 12" control measures for the relevant personnel in the residential area, work unit or school where the close contacts are located. "2" in "2 + 12" belongs to closed management, and the enterprise shall pay wages according to normal labor; "12" is a strict community health management. During this period, Liu Yi suggested that the employer negotiate the attendance mode with the employees, try to arrange home office or negotiate the overall arrangement of annual leave or welfare leave, or comprehensively adjust the use of rest days, and the salary shall be paid in accordance with the corresponding laws and regulations. "If the enterprise arranges the workers who have not returned to their posts to provide normal labor through telephone, Internet and other means, the wages shall be paid according to the normal labor; if the enterprise arranges the workers to use paid annual leave, welfare leave and other holidays set by the enterprise during the delayed resumption of work, the wages shall be paid according to the provisions of relevant holidays." Liu Yi said. In addition, if the enterprise has not returned to work or the enterprise has returned to work but the worker has not returned to work and cannot provide normal labor through other means, the enterprise shall consult with the worker with reference to the provisions on the payment of wages during the shutdown period, and pay wages according to the standards stipulated in the labor contract within one wage payment cycle; For more than one wage payment cycle, the enterprise and the employee shall negotiate to determine the payment standard. If the employee provides labor, the enterprise shall not pay less than the local minimum wage standard; If an employee fails to provide normal labor, the enterprise shall pay living expenses, and the standard of living expenses shall be implemented in accordance with the measures stipulated by all provinces, autonomous regions and municipalities directly under the central government. "Some enterprises still insist on closed production in the sealed area. Enterprises can formulate closed production plans including working hours, salary and welfare, and set up additional subsidies, such as on-site subsidies, to encourage employees." Liu Yi suggested. In response to the issue of wage payment time during the epidemic, Liu Yi said that if enterprises miss the wage payment date due to epidemic prevention and control, they should not be recognized as wage arrears. It is suggested that enterprises should explain the situation to employees in time and make a replacement payment as soon as possible. (Xinhua News Agency)
Edit：He Chuanning Responsible editor：Su Suiyue
Source：Worker Daily
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