It turns out that these rest times are normal working hours, and the boss has to pay wages!

Q: In the labor law, we often see the concept of "normal labor", can Lawyer Duan help answer it?

Answer: "Normal labor" is a very important concept in labor law, because it involves the payment of wages, but until now, China's laws have not defined this concept, here, Shenzhen senior commercial lawyer, Guangdong Yingzun Law Firm Labor Law Committee Director, Yinghe Law Firm Labor Law Committee Deputy Director Duan Haiyu answered as follows:

1. Normal labor refers to the labor performed by the employee in accordance with the labor contract signed in accordance with law, during the statutory working hours or the working hours stipulated in the labor contract.

2. Situations deemed to be normal labor

According to the relevant laws and regulations of our country, workers enjoy paid annual leave, family visit leave, marriage and funeral leave, prenatal examination during pregnancy of female employees, 1 hour of break between work arrangements arranged by employers for female employees who are more than 7 months pregnant, maternity leave, birth control surgery leave, paternity leave, breastfeeding time during the lactation period, the period of suspension of work and pay of the injured employee, and other leave periods stipulated by the state, as well as the period of participation in social activities in accordance with the law during the statutory working hours, which are deemed to have provided normal labor.

3. Wages are deemed to be paid during normal working hours

If the employee provides normal labor during the statutory working hours or the working hours stipulated in the labor contract, the employer determines that the wage standard shall not be lower than the agreed normal working hour wage, and shall not be lower than the local minimum wage standard. Otherwise, the employer constitutes a deduction of wages, and the employee has the right to notify on this ground (note: it is a "notice" rather than an "application", no approval and consent of the unit is required) The employer terminates the labor contract and demands the payment of economic compensation.

4. Legal basis

Interim Provisions on Wage Payment

Article 10 During the period when a worker participates in social activities in accordance with the law during the statutory working hours, the Employer shall pay wages as if he had provided normal labor. Social activities include: exercising the right to vote or to be elected in accordance with the law; elected deputies attending meetings convened by township (town), district or above governments, political parties, trade unions, youth leagues, women's federations, and other organizations; serving as witnesses to people's courts; attending meetings of model workers and advanced workers; the production or working hours occupied by members of the grass-roots committees of trade unions that do not leave work as stipulated in the Trade Union Law; and other social activities in which they participate in accordance with the law.

Article 11 During the period when an employee enjoys annual leave, family visit leave, marriage leave and bereavement leave in accordance with law, the Employer shall pay the employee's wages in accordance with the standards stipulated in the labor contract.

Article 12 Where the employer stops work or stops production within a wage payment cycle other than due to the employee's reasons, the Employer shall pay the worker's wages in accordance with the standards stipulated in the labor contract. If the wage payment cycle exceeds one, if the worker provides normal labor, 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 and the employer does not arrange for the worker to work, the worker shall be paid the living expenses of not less than 70% of the local minimum wage. It shall be handled in accordance with the relevant provisions of the State.

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