I was infected with COVID-19 COVID-19. Can I be dismissed? "It is unreasonable and illegal for employers to dismiss employees on the grounds that workers have been infected with the new crown," 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 standard of strict prohibition of discrimination. If the medical staff seriously violates the labor discipline or the management system of the employer, and there is no serious dereliction of duty or false propaganda behavior, which causes great damage to the rights and interests of the employer, it does not violate the relevant laws and regulations, so it does not meet the requirements of the Labor Law of China for the employer to terminate the labor relationship.
if the employee is not competent for the job, and is still incompetent after professional training or job adjustment, the employer may terminate the labor relationship and give a written notice 3 days in advance.
Fu Jian, a criminal defense lawyer of Henan Yulong Law Firm, indicated that according to the requirements of the Employment Promotion Law, employers should not refuse to hire employees on the grounds of infectious disease pathogens. Once the dismissal is caused by personal behavior, it is likely to violate the requirements of the Labor Contract Law that "workers have equal employment rate and the right to control their posts independently".
how to protect yourself from unfair treatment?
In p>22, the State Council published the Implementation Opinions on Strengthening Measures to Stabilize Employment in Response to the Pneumonia Epidemic in New Crown Sports Network, which has clearly stipulated that it is strictly forbidden to discriminate against patients and cured patients in New Crown Sports Network. Subsequently, when the employer recruits employees, it shall not refuse to hire them on the grounds of the pathogen carrier of the infectious disease.
"However, at the same time, it is also indicated that those who are medically identified as carriers of infectious diseases can be cured or cleared of infection, and they are not allowed to engage in the work that is easy to cause the spread of infectious diseases as required by laws, regulations, administrative regulations and the health administrative department of the State Council". Fu Jian elaborated.
Xie Zhiyong reminded that if the employer discriminates against or pays other unreasonable wages, if there is no way to deal with it, the workers can report to the 12333 Work Supervision Department or apply for arbitration according to the provisions of the Labor Dispute Arbitration Committee. In addition, workers can also bring a lawsuit to the court. According to the Notice on Strengthening the Trial of Civil Cases, if workers encounter employment discrimination, they can bring a lawsuit to the court to safeguard their rights and interests.