At the end of November or December every year, the State Council issues a "notice on holiday arrangements" the following year, and after such notices are issued, various "fake strategies" will come into being. What is the legal basis for the State Council to issue the Notice on Holiday Arrangement? According to the Labor Law, employers shall arrange holidays for employees during the following holidays in accordance with the law: (1) New Year's Day; (2) Spring Festival; (iii) International Workers' Day; (4) National Day; (5) Other holidays provided for by laws and regulations. The State Council's Measures for Holidays for National New Year's Festivals and Anniversaries further stipulates the number of days off for each holiday/anniversary. The Provisions of the State Council on Working Hours of Employees clearly stipulate that "those who engage in labor under special conditions and have special circumstances that require appropriate shortening of working hours shall be implemented in accordance with the relevant provisions of the State". In summary, the National People's Congress and the State Council have the right to stipulate and interpret "holidays" and special leave arrangements.

According to the Notice of the General Office of the State Council on Extending the 2020 Spring Festival Holiday, Guo Ban Invention Dian [2020] No. 1 State Council Regulations, "extend the 2020 Spring Festival holiday to February 2 (Sunday, the ninth day of the first lunar month), and go to work normally from February 3 (Monday). Combined with the above analysis, the provisions of the State Council on "extending the 2020 Spring Festival holiday" are mandatory provisions. Document No. 1 further explained that "employees who cannot take leave due to epidemic prevention and control should arrange compensatory rest in accordance with the provisions of the Labor Law of the People's Republic of China, and the wages and remuneration for the untaken period should be guaranteed and implemented in accordance with relevant policies", combined with the "National New Year Festival and Anniversary Day Holiday Measures", the Spring Festival holiday is 3 days (the first day, the second day of the new year, and the third day of the new year), and the rest are transferred leave, therefore, employees who cannot take leave from January 31 to February 2 should first arrange compensatory leave, and if they fail to take compensatory leave, they will be paid wages according to the standard of 2 times.

After the promulgation of Document No. 1 by the State Council, local governments further stipulated the relevant provisions of "postponing the resumption of work" according to the situation of epidemic prevention and control. For example, on January 27, the Shanghai Municipal Government efficiently issued the Notice on the City's Delay in the Resumption of Work and School Reopening of Enterprises in Shanghai, which stipulates that "all types of enterprises in the city area shall resume work no earlier than 24:00 on February 9." What is the legal nature of the "delayed resumption period" from February 3 to February 9? What standard should the enterprise pay for employees working during this period? According to the explanation of the Shanghai Ministry of Human Resources and Social Security, the "delayed resumption of work" is a "rest day", which means that if the "overtime" is "overtime" during the "postponed resumption of work", the enterprise should pay twice the salary.

Combined with the above analysis, we believe that the government's starting point is good, first, to prevent premature crowds from gathering, which is conducive to epidemic prevention and control; Second, if the enterprise needs employees to work overtime, it should carefully consider the cost and necessity, and if there is no need for overtime, the enterprise may consider employees to take a holiday, and its starting point is also to prevent the flow and gathering of people. However, from another perspective, it seems inappropriate to characterize "postponed resumption of work" as "rest days", first, the right to interpret "rest days" lies with the National People's Congress and the State Council, and there seems to be suspicion of expanding the interpretation here; Second, the epidemic is nationwide, and the negative impact and impact on each industry are also certain, and enterprises will have to bear twice the additional wages under the premise of not being able to resume normal production work, which may bring unbearable losses to enterprises, especially small and medium-sized enterprises.

If the enterprise stops work and production, how will the salary be paid? According to the Interim Provisions on Wage Payment, if the employer stops work or production within one wage payment cycle due to reasons other than the employee, the employer shall pay the employee's wages according to the standard stipulated in the labor contract. If the worker provides normal labor for more than one wage payment cycle, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker does not provide normal labor, it shall be handled in accordance with the relevant provisions of the State. The Ministry of Human Resources and Social Security's Notice on Properly Handling Labor Relations During the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic also clarifies that if an enterprise has difficulties in production and operation due to the impact of the epidemic, it can stabilize the job position by means of adjusting salary, rotating leave, shortening working hours, etc. through consultation with employees, and try not to lay off employees or reduce layoffs. Eligible enterprises can enjoy job stabilization subsidies according to regulations.

I saw a passage on the Internet, "If I don't work for the company, I can also do without wages, the enterprise can't survive, and we can't survive." In extraordinary times, it is necessary for the people of the whole country to work together to overcome the difficulties. Winning the battle of epidemic prevention and control and restoring the normal operation of the economy as soon as possible is related to you and me.

(This article is translated by software translator for reference only.)