Positive infected people should be isolated at home as required.
According to the reporter's investigation, Mr. Wang, who works in an information service company in Foshan, was unwell from June 5438 to February 65438 to April. He once had a fever of 39.5°C, but he couldn't test himself without an antigen kit. Considering the news that COVID-19 was diagnosed nearby, he decided to apply for sick leave from the team manager, but the process of asking for leave was not as simple as expected. "At the beginning, I said I could take time off for taking my temperature. Later, I said that the company can take time off when it reaches above 39 C. " Xiao Wang said. A staff member of the company explained that the notice was not an official notice of the company, but the company did not have clear guidelines for the management of employees after infection.
If employees are infected with COVID-19 virus, should they go to work as usual? The relevant person in charge of Foshan Municipal Bureau of Human Resources and Social Security said that COVID-19's prevention and control policies are dynamically adjusted, but the relevant labor rights and interests of COVID-19-infected people are still implemented in accordance with the Notice on Doing a Good Job in Labor Relations during the Prevention and Control of novel coronavirus's Pneumonia issued by the General Office of Ministry of Human Resources and Social Security three years ago. In the case of Xiao Wang, the labor inspection brigade will follow up this matter, and the workers themselves can also take the initiative to contact the labor inspection brigade of the city or district.
Wu Xiaowen, deputy director of the Labor Relations Department of guangdong provincial department of human resources and social security, said that according to Article 3 of the "Ten Articles of New China", infected people should be treated scientifically, and asymptomatic infected people and mild cases with home isolation conditions generally adopt home isolation. According to the relevant guidelines of COVID-19, Guangdong Province, when the results of nucleic acid and antigen are positive, employees should report to the unit and conduct home isolation. After five days of home isolation, if nucleic acid or antigen is negative for two consecutive days, the isolation should be lifted and return to the post. "According to the current national and provincial policies, all infected people should be isolated at home as required."
During the period of employees' home isolation, the enterprise pays wages according to normal labor.
During the epidemic, the human and social departments encountered common labor disputes. Some enterprises pay wages during the isolation period according to sick leave wages, and there are cases of illegal termination of labor contracts. How to calculate and pay wages when workers leave their jobs according to law?
Wu Xiaowen explained that according to the current definition of COVID-19 by the national joint prevention and control mechanism, it is still a Class B infectious disease. According to the A-level management, this definition has not changed. Therefore, the current Labor Relations Policy for Epidemic Prevention and Control in COVID-19 still applies to the Notice on Properly Handling Labor Relations during the Prevention and Control of Pneumonia Infection in novel coronavirus in 2020, which mentions that workers cannot be required to take sick leave, because according to the relevant national policies, this is home isolation, and enterprises must pay their remuneration for their work during this period according to normal labor.
Wu Xiaowen said that in dealing with the legitimate rights and interests of both enterprises and employees, on the one hand, it is to guide enterprises to solve labor and employment problems by encouraging negotiation, adopting flexible working hours, taking breaks in rotation, adjusting wages, etc., and to guide enterprises to properly handle related labor relations issues and maintain normal production and operation of enterprises as much as possible. On the other hand, it also guides employees to strengthen communication with enterprises, express their demands rationally and reasonably according to law, and resolve disputes between the two sides through negotiation and mediation as much as possible, which also guides enterprises and employees to tide over difficulties in the same boat.
In the absence of antigen and nucleic acid, how should positive employees take time off? "In actual operation, if it is really impossible to produce nucleic acid positive certificate, antigen certificate or community-related certificate, we will try our best to guide employers to negotiate with workers, such as providing videos as auxiliary certificates."