A: This requires dividing workers into two types. First, medical care and related personnel engaged in the prevention and treatment of COVID-19; The other is other irrelevant personnel.
Medical care and related personnel who are engaged in the prevention and treatment of COVID-19 are infected with COVID-19 or died of COVID-19, which belongs to the injury caused by performing their duties and belongs to work-related injuries, and they are entitled to work-related injury insurance benefits according to law.
Other medical and related personnel who are not engaged in prevention and treatment in COVID-19 are "positive" only when they go to work, and according to the provisions of the Regulations on Industrial Injury Insurance, they are not work-related injuries.
According to the current regulations, employees are "isolated" at home, how to pay?
A: According to the latest regulations in the State Council, if COVID-19 patients choose home isolation, it is still a kind of isolation. Then during this period, enterprises should pay their employees according to normal standards.
Of course, if the employee chooses to be isolated at home and needs to be transferred for treatment due to serious illness, then the sick pay will be calculated and paid according to the medical treatment period during hospitalization.
During the period of infection with COVID-19, can the enterprise terminate the labor contract?
A: No.
During this period, the enterprise shall not terminate the labor contract of employees who cannot provide normal labor due to relevant measures or return the dispatched workers.
If the labor contract expires during this period, it will be postponed to the medical treatment period, medical observation period, isolation period or the expiration of emergency measures taken by the government.
Working from home, can I ask the unit to pay overtime wages?
A: Yes.
Home office ≠24-hour standby.
The actual difference between working at home and going to work is the change of a workplace, and the relevant provisions of other labor laws have not changed.
Employers still have to abide by the vacation system and fixed working hours announced by the state: 8 hours a day, 40 hours a week, no more than 3 hours a day and no more than 36 hours a month.
Overtime should be paid.
If the unit refuses to pay overtime wages, employees can choose to safeguard their legitimate rights and interests.
If the two sides can sit down and discuss it well and solve it well, it is naturally the most ideal.
What if the unit refuses to pay? You can choose to report complaints to the labor inspection within 2 years.
Of course, what if you are worried that falling out with the unit during the labor contract period will be "hard-working"?
Keep relevant evidence of unpaid wages, and you can choose to apply for arbitration within 1 year from the date of termination of this labor relationship with the unit.
Do employees choose home isolation after being infected with COVID-19, do they need to submit relevant certificates to the unit?
A: Yes.
If employees are infected with COVID-19 virus, they need and must report to the unit.
The employer may require the employee to provide proof of infection, and if the employee practices fraud, the employer may deal with it in violation of discipline. In the actual operation process, the employer can negotiate with employees and use videos as supplementary proof.
Does the employer fail to provide N95 masks, antigen testing and other items?
Answer: The employer should provide the necessary material and equipment conditions for the workers in the process of labor. N95 mask or antigen test is not necessary for working conditions and has nothing to do with the work content, so the employer has no such obligation.
Can employees refuse to travel and other work arrangements because of the high incidence of COVID-19 infection?
A: No.
It is the duty of employees to obey the reasonable work arrangements of the unit, including business trips. It is understandable that employees are worried about being infected on business trips, but from a legal point of view, they do not have this right and can only negotiate with the unit. In the special period, the unit should also consider the arrangement of business trip reasonably, and delay if it can be delayed. It is really urgent to remind employees to take necessary precautions. Once infected during the business trip, the unit should pay wages normally and bear normal business trip subsidies.