It is not legal, during the prevention and control of the new crown pneumonia epidemic, employers need to pay wages and remuneration according to normal attendance, and shall not terminate the labor contract with the employee according to the Labor Contract Law. That is, enterprises may not terminate or terminate the labor contracts of employees who are affected by the relevant measures and cannot provide normal labor, or return dispatched workers.
In accordance with the relevant provisions of the labor law, usually encountered such a problem employers can not directly terminate the labor contract, the correct approach should be to defer the labor contract. If an employee's labor contract expires during treatment or quarantine during an epidemic, the company can't directly terminate or dissolve the labor contract, but should defer it until the end of the employee's medical period, quarantine period, or when the government takes emergency measures.
Under normal circumstances, the employer in the legitimate relevant reasons can be proved to violate the company's system, or in the work of an important fault, to terminate the labor contract should be one month in advance to notify the employee, confirmed by the two sides to sign the termination of the labor contract agreement.
Legal basis:
"The Chinese people's *** and the labor contract law" article 40: one of the following circumstances, the employer 30 days in advance in writing to inform the worker himself or pay the worker an additional month's wages, can terminate the labor contract:
(a) the worker is sick or injured, in the provisions of the expiration of medical treatment period cannot (a) If the worker is ill or injured out of work, and after the expiration of the prescribed medical treatment period, he or she cannot perform his or her original work, nor can he or she perform the work that has been otherwise arranged by the employer;
(b) If the worker is unable to perform his or her work, and he or she is still unable to perform his or her work even after training or adjustment of his or her work position;
(c) If the objective circumstances under which the labor contract was concluded have undergone a significant change, rendering the fulfillment of the labor contract impossible, and the employer and the worker, through consultation, have not been able to agree to a change The employer and the worker fail to reach an agreement on changing the contents of the labor contract after consultation.
Article 42 of the Law of the People's Republic of China on Labor Contracts: The employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law in the event that the laborer has one of the following circumstances:
(1) The laborer engaging in the hazardous work of exposure to occupational disease does not undergo the pre-departure occupational health examination, or the patient suspected of having an occupational disease is in the diagnostic period or during the period of medical observation. (ii) those who have suffered from occupational diseases or work-related injuries and have been recognized as having lost or partially lost their working ability;
(iii) those who are sick or injured not due to work and are within the stipulated period of medical treatment;
(iv) those who are female workers during their pregnancy, maternity, or breastfeeding;
(v) those who have worked for their organization for fifteen consecutive years and have less than five years' working experience before their legal retirement age;
(vi) those who have worked for their organization for more than fifteen consecutive years, and have less than five years' working experience before their legal retirement age; and less than five years;
(vi) other cases stipulated by laws and administrative regulations.
Notice of the General Office of the Ministry of Human Resources and Social Security on the Proper Handling of Labor Relations During the Prevention and Control of the Pneumonia Epidemic Infected by a New Coronavirus II. Enterprises that have difficulties in production and operation as a result of the impact of the epidemic can stabilize their workplaces by adopting, through consensus with their employees, methods such as adjusting salaries, rotating shifts, and shortening working hours, and try to refrain from layoffs or to reduce the number of layoffs. Enterprises that meet the conditions are entitled to job stabilization subsidies in accordance with the regulations. If an enterprise stops work or production within one wage payment cycle, the enterprise shall pay employees' wages in accordance with the standards stipulated in the labor contract. For more than one wage payment cycle, if the employees have provided normal labor, the wages paid by the enterprise to the employees shall not be lower than the local minimum wage standard. If the employee does not provide normal labor, the enterprise shall pay the cost of living, and the standard of the cost of living shall be implemented in accordance with the methods stipulated by the provinces, autonomous regions and municipalities directly under the central government.