COVID-19 has been infected. Can I be dismissed? "It is unreasonable and legal for employers to dismiss employees on the grounds of being infected with COVID-19 virus." Xie Zhiyong, Ph.D., School of Comparative Law, China University of Political Science and Law, told the Health Times reporter that this behavior violated the standards prohibiting discrimination. If the employee is cured without serious violation of labor discipline or the management system of the employer, and without serious dereliction of duty, it will cause great damage to the rights and interests of the employer, and it will not violate the relevant laws and regulations, and it will not meet the situation that the employer is required to terminate the labor relationship in China's labor law.
If the laborer is incompetent for the job, and is still incompetent after passing professional training or adjusting his post, the employer may terminate the labor relationship and inform him in writing 30 days in advance.
Fu Jian, a criminal defense lawyer of Henan Yulong Law Firm, said that according to the requirements of the Employment Promotion Law, employers should not refuse to accept employees on the grounds of carriers of infectious diseases. Once an individual is dismissed, it is likely to violate the requirements of the Labor Contract Law that "workers enjoy equal employment rate and the right to choose jobs".
If it is unfair, how should we protect ourselves? In 2020, the "Implementation Opinions on Strengthening Measures to Stabilize Employment Affected by COVID-19 Epidemic" issued by the State Council has clearly stipulated that it is strictly forbidden to discriminate against COVID-19 patients and cured people. Secondly, employers should not refuse to recruit employees because of carriers of infectious diseases.
"But at the same time, it is also indicated that the pathogen carriers of infectious diseases identified by medicine and pharmacy are not allowed to engage in the work that is easy to spread infectious diseases before the infection is cured or cleared, which is strictly prohibited by laws, regulations, administrative rules and the health administrative department of the State Council." Fu Jian introduced in detail.
COVID-19 infected people enjoy equal rights to work and not be discriminated against after they recover as soon as possible. Xie Zhiyong reminded that if they are discriminated against by the employer or have other unreasonable wages, employees can report to the labor inspection department by telephone 12333, or apply to the labor dispute arbitration commission for arbitration according to regulations. In addition, workers can bring a lawsuit to the court. According to the requirements of the Notice on Increasing the Cause of Action of Civil Cases, all workers who encounter employment discrimination of students can bring a lawsuit to the court to safeguard their dominance.