Some companies require employees to be infected with COVID-19 virus.
Pay for sick leave at home
in this regard
Many experts say
The law does not stipulate that enterprises can force employees to take sick leave.
In accordance with the relevant provisions of the Ministry of Human Resources and Social Security and the Law on the Prevention and Control of Infectious Diseases,
An enterprise shall pay wages to its employees.
Remuneration for work during this period.
And shall not terminate the labor contract without authorization.
Enterprises force employees to leave their jobs and take vacations.
Or infringe upon the rights and interests of workers.
According to China's current regulations, COVID-19 is still a Class B infectious disease, which is managed as Class A. Therefore, the previous policies are still applicable to the coordination of labor relations caused by the epidemic.
The law does not stipulate that enterprises can force employees to take sick leave. Because the wages paid during sick leave are different from usual, if employees are forced to leave their jobs, their personal and property rights may be violated. Facing the special period, enterprises should flexibly arrange the vacation system while protecting the legitimate rights and interests of workers.
Family wages should be paid as usual after infection.
According to the Notice of Ministry of Human Resources and Social Security on Properly Handling Labor Relations during the Prevention and Control of Infectious Pneumonia in novel coronavirus, enterprises should pay wages to employees of enterprises who are unable to provide normal labor for patients, suspected patients and close contacts of infectious pneumonia in novel coronavirus during isolation treatment or medical observation, and because the government has implemented isolation measures or taken other emergency measures.
If employees are infected with COVID-19, enterprises should pay wages normally. If it is a fixed salary, you have to pay the full salary. If the fixed monthly salary is combined with performance, the full monthly salary will be paid without performance. If you can work from home, you will be paid according to your normal attendance.
In addition, the enterprise shall not terminate the labor contract with the employees who are isolated due to COVID-19 infection and cannot provide normal labor, except paying their remuneration during this period.
Workers other than medical staff are also infected with COVID-19 virus.
In principle, it is not included in the identification of work-related injuries.
According to the Notice of Ministry of Human Resources and Social Security on the Protection of Medical Care and Related Staff Infected by novel coronavirus in the Process of Performing Duties (June 5438 +2020 10), in the prevention and treatment work in novel coronavirus, medical care and related staff who died of infection caused by novel coronavirus or novel coronavirus in the process of performing their duties should be recognized as work-related injuries and enjoy work-related injury insurance benefits according to law.
This means that, except for medical care and related staff, it is difficult for other people infected with COVID-19 to be included in the scope of work-related injuries for the time being.
At present, whether it is possible to identify work-related injuries outside medical personnel is not consistent in various places. Some provinces identify work-related injuries mainly because the traditional work-related injury identification system emphasizes the distinction between diseases and work-related injuries, and the correlation between diseases and work is often unclear, while the causal relationship between work-related injuries is often clear. We tend to be more cautious about work-related diseases.
According to the current policy, no matter what causes workers to be infected with the virus, the treatment expenses borne by individuals are the financial bottom, and the wage loss is paid by the employer in accordance with relevant documents and laws, which basically covers the treatment of work-related injuries.
If you're working,
Is unfortunately infected with COVID-19 a work-related injury?
Yang can't go to work.
Absenteeism or sick leave?
How can we safeguard our legitimate rights and interests?
During home isolation
How to calculate the salary?
Issues that everyone cares about.
There is a response.
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0 1
If an employee is infected with COVID-19 at work, is it a work-related injury?
Need to be divided into different situations. If the medical staff and related staff are infected with COVID-19 due to the implementation of prevention and control work, it should be considered as a work-related injury, while other staff infected with COVID-19 in the course of work cannot be considered as a work-related injury. Employees infected with COVID-19 virus on their way to and from work cannot be regarded as work-related injuries.
02
How can employees be paid if they are "isolated" at home?
According to the latest regulations of the State Council, COVID-19 patients choose home isolation is still a kind of isolation. During this period, the enterprise shall pay normal wages to its employees. After being isolated at home, employees who need to be transferred to hospital for treatment due to serious illness shall be paid sick pay according to the medical treatment period during the hospital treatment.
03
If an employee chooses to be isolated at home after being infected with COVID-19 virus and doesn't go to the hospital, how can he get a certificate?
If an employee is infected with COVID-19 virus, he/she needs to report to his/her unit or the community to which he/she belongs, and the community where he/she works will provide him/her with relevant certificates of home isolation.
04
If employees know that they have COVID-19, but continue to work without reporting, what kind of responsibility will they bear?
Employees who knowingly conceal that they are infected with COVID-19, causing the spread of infectious diseases and personal and property losses of colleagues in the company, need to bear the corresponding liability for compensation. If the circumstances are serious, he shall be convicted and punished for endangering public security. Therefore, if employees are infected with positive, they must report it in time and cannot hide it. It is also legal for the unit to terminate the employee's labor contract on this ground, if it is concealed.
05
If you are required to go to work, who will pay for the antigen test?
According to the latest regulations of the State Council, except for some special places, there is no need to provide nucleic acid reports and check health codes. If the enterprise independently determines the corresponding prevention and control measures and requires employees to go to work for antigen testing every day, then the relevant expenses should be borne by the enterprise itself.
Let me remind you.
When returning to work, do a good job of protection.
meanwhile
You should also protect yourself.
As the legitimate rights and interests of workers
▲ "Shantou Epidemic Prevention" applet QR code