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Under the epidemic, if you are a respiratory doctor, it is the corresponding department, the hospital sends you to the epidemic area to support, you refuse, and you have to resign, sorry, you have violated the law.
According to the law, resignation during the epidemic period is acceptable, and the resignation is valid if it is handled by law during the epidemic period.
Article 37 stipulates that a worker may notify the employer in writing three days in advance. The notice of termination of the labor contract submitted by the worker will take effect upon arrival at the employer. According to Article 1 of the "Notice of the General Office of the Ministry of Resources and Social Security on Properly Handling Issues During the Prevention and Control of the Pneumonia Epidemic Caused by the Novel Coronavirus", if an enterprise has difficulties in production and operation due to the impact of the epidemic, it may adopt measures such as adjusting salaries, rotating shifts, and shortening hours to stabilize the position through consultation with employees, and try not to lay off employees or reduce layoffs as much as possible.
Eligible enterprises can enjoy the subsidy for job stabilization according to the regulations. Labor Contract Law.
Paragraph 4, Item 1 stipulates that if there are serious difficulties in production and business operations, and it is necessary to lay off more than one or more employees or to reduce the number of employees in an enterprise by not less than 10 percent, the unit shall explain the situation to the meeting or all the employees three days in advance, and after listening to the opinions of the meeting or the employees, the personnel reduction case may be reduced after reporting to the labor administration department.
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It is the duty of doctors to treat diseases and save lives, and under the epidemic, the profession of doctors has become more sacred and the responsibility has become more important. Many angels in white abandoned their small families for everyone, regardless of their personal safety, went against the grain and went to the front line of the anti-epidemic, some fought day and night, became ill from fatigue, some were unfortunately infected by the virus, and some paid for their lives.
Therefore, the current epidemic situation shows the preciousness of life, the greatness of the doctor's profession, and the responsibility of medical staff. So, in this case, the healthcare worker cannot resign.
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This is because the resignation of health care workers will cause a large increase in the number of people infected with the new coronavirus, which will lead to the rapid spread of the epidemic.
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Because there is a shortage of people, we must step up protection under the epidemic.
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Legal Analysis: Yes. The employee may terminate the labor contract by notifying the employer in writing 30 days in advance.
Legal basis: Labor Contract Law of the People's Republic of China
Article 37 A laborer may terminate a labor contract by giving 30 days' written notice to the unit employing Songdoumuren. If the employee notifies the employer three days in advance during the probationary period, the employee may terminate the contract of the Labor Sales Agency.
Article 31 A worker who terminates a labor contract shall notify the employer in writing 30 days in advance.
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Legal analysis: If the general negotiation is handled, the wages will not be deducted, the employer and the employee can terminate the labor contract if they reach a consensus through consultation, and the employee can terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6. Yuzheng) was investigated for criminal responsibility in accordance with law.
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Summary. Hello, for your question This question is answered as follows: according to the provisions of the relevant notice, the company cannot fire the employee if the employee is quarantined at home during the epidemic period and does not go to work, and the expiration of the labor contract must be postponed until the expiration of the isolation period.
Hello, for your question This question is answered as follows: According to the relevant regulations, if you are isolated at home during the epidemic and do not go to work, the company cannot touch and fire the employee, and the expiration of the labor contract must be postponed until the expiration of the quarantine period.
Extended information: If the employee is temporarily unable to provide normal labor due to quarantine, observation, or emergency measures, the enterprise shall not terminate the labor contract or return the labor dispatch worker. If the forced dismissal is illegal, you can apply for labor arbitration after the epidemic is over, and ask the company to pay compensation to the Minqing group.
The calculation method of compensation is detailed in the Labor Contract Law.
Legal basis: Articles 40 and 41 of the Labor Contract Law terminate the labor contract with the employee. During this period, if the labor contract expires, the division shall be postponed until the expiration of the employee's medical treatment period, the expiration of the medical observation period, the expiration of the isolation period, or the emergency of the employee.
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It is your personal choice whether or not to resign. However, in this time of crisis, as medical staff, we should do our duty and work together to overcome the difficulties.
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