On January 8, China officially implemented "Class B and Class B control" for COVID-19 infection. Will the "full pay sick leave" during the previous "Class B A management" still exist? Can employers require positive employees to work? Can workers refuse to come to work on the grounds that the unit is "positive"? Previously, employees could still get normal wages when "Yangle" asked for leave, because "Class B A control" was implemented for COVID-19 infection at that time. According to the relevant provisions of the Law on the Prevention and Treatment of Infectious Diseases, for the personnel in the place where Class A infectious disease cases have occurred or in the specific area of the place, if there is a work unit for the isolated personnel, the unit in which they work shall not stop paying their remuneration during the period of isolation. "Returning to 'Class B and Class B management' means that the previous measures will no longer be applicable. The sick leave of workers infected with COVID-19, and the wages and salaries related to epidemic prevention need to be handled in accordance with the Labor Law and the relevant internal regulations of the enterprise." Bai Wenxi, chief economist of IPG China, told the Beijing Business Daily. Wang Zhiyan, a professional lawyer of Shanghai Brilliance Law Firm, said that, "Workers can ask for leave from the employer after they are infected with COVID-19. According to the Opinions on Some Issues Concerning the Implementation of the Law of the People's Republic of China on Labor Provisions: During the period of treatment for an employee's illness or non work related injury, the enterprise shall pay him sick pay or sickness relief according to relevant regulations during the specified medical treatment period. The sick pay or sickness relief may be lower than the local wage standard, but not lower than 80% of the minimum wage standard ". "Of course, if a worker can also apply for home office after being infected with COVID-19, after consultation and agreement with the employer, according to the provisions of the Supreme Law of the People's Republic of China," Opinions on Providing Judicial Services and Guarantees for Stable Employment ", the worker's home office pay is based on normal work wages." Wang Zhiyan added. "Employers can assess the status of COVID-19 infected persons, and can require workers to come to work or negotiate with both parties for treatment without affecting their performance of duties and doing a good job of protection", Bo Wenxi said. "The adjustment of these policies is helpful for enterprises to ensure the arrival and performance of workers and work efficiency, but they are faced with the problem of how to prevent the spread of epidemic disease and spread infection among employees, which may also lead to difficulties and challenges related to legal and economic responsibility consequences." "It is necessary to remind everyone that due to the implementation of the 'Class B B management' measures for COVID-19 infection, the sick leave of the infected person belongs to the sick leave. It is recommended to go to the hospital to issue a sick leave form, and the positive person will not go to work directly. If the company does not approve, it can be regarded as absenteeism." Wang Zhiyan said. (Liu Xinshe)
Edit：wangwenting Responsible editor：xiaomai
Source：china.cn
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