No, but it is illegal to go to work after the sun rises, because it will spread. If the employee is unwell and has detected "yang", he should report it to the employer in time, treat him in isolation at home and don't go to work.
Q: If an employee is infected with COVID-19 virus at work, is it a work-related injury?
A: It needs to be divided into different situations. If they are medical and related staff, because they are performing prevention and control work in COVID-19 and performing their duties, those who are infected with COVID-19 virus should be regarded as work-related injuries, while others who are infected with COVID-19 virus in the course of work should not be regarded as work-related injuries. Employees infected with COVID-19 virus on their way to and from work cannot be regarded as work-related injuries.
Q: According to the current regulations, employees will no longer be isolated if they are "yang", so how can they be paid?
A: According to the latest regulations in the State Council, if COVID-19 patients choose to be isolated at home, then according to the current regulations and policies, employees are still isolated at home. Then during this period, enterprises should pay their employees normal wages. Of course, if an employee chooses to be isolated at home and needs to be transferred for treatment due to serious illness, the sick pay will be calculated according to the medical treatment period during the hospital treatment.
Q: So, if employees choose to stay at home instead of going to the hospital after being infected with COVID-19 virus, how can they get sick leave certificates?
A: It should be noted that if an employee is infected with COVID-19 virus and needs to report it to his unit or community, then the community can provide the employee with the relevant proof of his isolation at home. Therefore, employees must report to the community, which is also one of his obligations.
Q: If employees know that they have COVID-19, but they continue to work without a report, what kind of responsibility will they take?
A: It should be noted that if an employee knows that he is infected with COVID-19 and is positive, but deliberately conceals it, which leads to the spread of infectious diseases, the dust cracking of colleagues in the company, and the personal or property losses of the company, then the employee needs to bear the corresponding liability for compensation. If the circumstances are serious and endanger public safety by dangerous means, they shall be convicted and punished. Therefore, if employees say that they are infected, they must report it in time and cannot hide it. Of course, if it is concealed, it is legal for the unit to terminate the employee's labor contract on this ground.
Q: The office does not require everyone to submit a nucleic acid report, and employees are not obliged to carry out antigen testing. If they are infected without knowing it, it may affect the normal operation of the unit. If antigens are needed, who will pay for antigen testing?
Answer: Because according to the latest regulations of the State Council, except for some special places, there is no need to provide nucleic acid reports or check this health code. Then, if the enterprise itself determines the corresponding prevention and control measures and requires employees to carry out antigen testing every day, then the related antigen testing expenses should be borne by the enterprise itself, because you are an additional obligation for employees to perform.
Q: Suppose an employee is positive, and other colleagues don't believe that the company will carry out corresponding disinfection in the future and don't want to continue working. Can it be considered absenteeism? Or you can ask for the termination of the labor contract and economic compensation on the grounds that the company does not provide working conditions?
A: If a colleague is infected and COVID-19 is positive, then the company is obliged to carry out terminal disinfection of the working environment in the relevant workplace. If employees just don't believe that the company has disinfected the workplace and think it is not clean, then I don't want to choose to continue working. In this case, the company should communicate with employees in time to eliminate their concerns. If employees are still unwilling to go to work, it constitutes absenteeism. If the employee terminates the labor contract because the employer fails to provide working conditions and demands economic compensation, this situation will not be supported legally.