Can employees be dismissed after being diagnosed during the epidemic?

You can't dismiss employees at will during the virus period. According to the relevant provisions of the Notice of the General Office of Ministry of Human Resources and Social Security on Properly Handling the Labor Relations during the Prevention and Control of Pneumonia Infection in novel coronavirus, the enterprise shall pay the employees the labor remuneration during this period, and shall not terminate the labor contract according to Articles 40 and 41 of the Labor Contract Law. During this period, if the labor contract expires, it shall be postponed to the medical treatment period, medical observation period, isolation period or the expiration of emergency measures taken by the government.

legal ground

Article 40 of the Labor Contract Law stipulates that if the employee is dismissed without fault, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.