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China

The issue of the wage standard for working at home or flexible office in a civilized manner issued by the Supreme Court

2022-12-28   

On the 27th, the Supreme People's Court issued its opinion on providing judicial services and guarantees for stable employment. It is specified that, in addition to reducing the labor remuneration according to the negotiation procedure according to law, the employer arranges the workers to provide normal labor through home office or flexible office, and the people's court shall support the request of the workers to pay their wages according to the normal wage standard according to law. According to the person in charge of the First Supreme People's Court of Justice, the opinion put forward 14 specific service guarantee measures from four aspects to better coordinate epidemic prevention and control and economic and social development, further play the role of the people's court, and serve to ensure stable employment. It is reported that the opinion promotes the implementation of the employment priority policy, and properly hears social insurance disputes, housing lease contract disputes, financial loan contract disputes and other cases; According to law, we should support the out of poverty population to stabilize employment and promote the transfer of rural labor; We will properly hear cases of disputes over the right to equal employment, resolutely correct gender and regional discrimination in employers, and support flexible multi-channel employment for college graduates. Among them, the opinion is clear that college graduates who cannot return to their posts due to the impact of the epidemic during the probation period can be guided to adopt flexible probation inspection methods to assess whether they meet the employment conditions; If it is impossible to achieve the purpose of probation period assessment by flexible investigation, the period during which the purpose of probation period assessment cannot be achieved can be negotiated not to be calculated within the original agreed probation period. If the employer breaks the upper limit of the statutory probation period in a disguised way by extending the probation period, the people's court will not support it. At the same time, it is recommended to properly handle labor dispute cases, implement the national policies of ensuring employment, ensuring production and returning to work, accurately grasp various measures for epidemic prevention and control in the new stage, prudently handle labor dispute disputes involving the epidemic, and protect the rights and interests of employers and workers according to law; Standardize the wage payment of workers working at home or flexible office according to law; Actively guide and support employers to negotiate with workers according to law, take relevant measures to stabilize jobs, and promote the construction of harmonious labor relations. (Liu Xinshe)

Edit:He Chuanning Responsible editor:Su Suiyue

Source:xinhua

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