With the release of the epidemic, someone asked: If I am infected with COVID-19 at work, is it a work-related injury? Will I get paid during the treatment?
These are actually two questions. Let's look at it separately. Let's look at the first question: If COVID-19 was infected at work, is it a work-related injury?
According to "Notice of Ministry of Human Resources and Social Security on Doing a Good Job in Protecting Medical Care and Related Staff Infected with novel coronavirus in Performing Their Duty" (Ministry of Human Resources and Social Security 1 1No.), those who are infected with COVID-19 virus in the prevention and control work in COVID-19 or die in COVID-19 are recognized as work-related injuries and can enjoy the treatment of work-related injury insurance.
Therefore, it can be seen that only a certain group of people: medical care and related personnel, who have done certain things: performed their duties in COVID-19's prevention and treatment work and were infected with COVID-19 virus, can be identified as work-related injuries.
Then, what about ordinary office workers who are not engaged in related work?
According to the provisions of the above-mentioned documents and Ministry of Human Resources and Social Security's specific answers, the relevant staff who are not engaged in the prevention and treatment of COVID-19 are infected with COVID-19 virus, which cannot be considered as work-related injuries.
Social Security Card and Medical Insurance The concept of medical insurance: industrial injury insurance
Then there is the second question: ordinary office workers are infected with COVID-19. How should their wages be paid?
There are several situations that need to be distinguished here:
The first type: employees are not seriously ill and are isolated at home. Can work from home normally, the company is also operating normally, and employees are allowed to work from home.
In this case, employees are treated as normal attendance, and the company pays wages normally.
The second type: the company is operating normally, and employees cannot provide labor normally due to the need for isolation treatment in COVID-19.
Judging from the current regulations, enterprises should pay their employees the remuneration during the period of isolation treatment for reasons such as isolation treatment, and should not terminate labor relations. Whether the follow-up will change according to the new prevention and control situation is still unknown.
In other words, under the current policy, if employees need to be isolated in COVID-19 or treated in COVID-19, enterprises need to pay their employees a fixed salary. Employees who have no performance will be paid in full.
In addition, if employees' health permits, enterprises can also arrange employees to work at home. Home office, pay according to normal attendance.
The third type: the company is in a state of suspension of production, and employees stay at home because of COVID-19 infection.
At present, this kind of situation should be rare, and the specific regulations may be slightly different from place to place.
If this happens, generally in the first wage cycle, the enterprise needs to pay the relevant wages normally. Starting from the second cycle, if employees provide normal labor, the wages paid by enterprises shall not be lower than the local minimum wage standard; if employees do not provide normal labor, enterprises need to pay living expenses, and the relevant standards of living expenses shall be implemented in accordance with local relevant regulations.
The fourth type: infected with COVID-19, and later turned positive to negative, but employees still need to go home for treatment.
The regulations in this place are quite different. Generally, enterprises can handle salary matters according to sick leave.
Of course, policies belong to policies and regulations belong to regulations. As for whether the enterprise is implemented according to the regulations, it is hard to say. As a migrant worker, if you meet someone who doesn't come according to the regulations, you can consider using the law to protect your rights and interests for a long time if you have the conditions.