Can employees be dismissed if they don t want to volunteer during the pandemic?

According to the Notice on Properly Handling Labor Relations Issues During the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic, if an enterprise has difficulties in production and operation due to the impact of the epidemic, it may adopt methods such as adjusting salaries, rotating shifts, and shortening working hours through consultation with employees to stabilize jobs, and try not to lay off employees or reduce layoffs. Eligible enterprises can enjoy the subsidy for job stabilization according to the regulations.

Labor Contract Law of the People's Republic of China.

Article 42 The Employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the worker falls under any of the following circumstances:

1) Engaging in work that is exposed to occupational disease hazards without conducting a pre-departure occupational health examination, or a suspected occupational disease patient during the period of diagnosis or medical observation, (2) suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work, (3) Sick or not injured due to work, within the prescribed medical treatment period.

(4) Female employees during pregnancy, childbirth, or lactation.

(5) Have worked in the unit for 15 consecutive years and are close to the statutory retirement age.

(6) Other circumstances provided for by laws and administrative regulations for less than five years.

Of course, you can't be dismissed, and if you don't want to volunteer, you can't dismiss on this basis, because volunteers themselves are volunteers.

Employees are working, not volunteering for you, volunteers are doing it on a voluntary basis, and there is no forced person to volunteer.

Volunteers, as the name suggests, are people who volunteer, so it's okay if you don't want to volunteer.

Legal analysis: During the epidemic, employees must not be dismissed; However, if the company's operation is in great difficulty due to the epidemic, or because the employee has violated the company during this period, then he can be dismissed in accordance with the law, so that he does not need to bear the corresponding legal responsibility.

Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China.

In any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1. Return) The worker is sick or injured not due to work, and cannot perform the original job after the prescribed medical treatment period has expired, nor can he engage in the quiet work arranged by the employer;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Legal analysis: During the epidemic period, the employer shall not terminate the employment relationship with the employee within the statutory time limit for resumption of work, and the unilateral dismissal of the employer is an illegal termination, and the employee may apply to the labor dispute arbitration commission where the employer is located for labor arbitration.

Legal basis: Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of the Pneumonia Epidemic Caused by the Novel Coronavirus

1. For the employees of enterprises who are unable to provide normal labor due to the implementation of isolation measures or other emergency measures due to the implementation of isolation measures or other emergency measures due to the implementation of quarantine measures or other emergency measures of the new coronavirus, the enterprise shall pay the remuneration for the work of the employees during this period, and shall not terminate the labor contract with the employee in accordance with Article 40 and Article 11 of the Labor Contract Law. During this period, if the labor contract expires, it 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 end of the emergency measures taken.

2. If an enterprise has difficulties in production and operation due to the impact of the epidemic, it may adopt methods such as adjusting salaries, rotating shifts, and shortening working hours through consultation with employees to stabilize jobs, 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. If an enterprise suspends work or production within one wage payment cycle, the enterprise shall pay the wages of its employees according to the standards stipulated in the labor contract.

If the wage payment cycle exceeds one period, if the employee provides normal labor, the wages paid by the enterprise to the employee shall not be lower than the local minimum wage standard. If the employee fails to provide normal labor, the enterprise shall pay the living allowance, and the standard of living allowance shall be implemented in accordance with the measures prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

During the epidemic, most of those who took the initiative to volunteer were people with very high ideological and political consciousness. They have a strong sense of responsibility and are willing to selflessly dedicate and serve the people, which fully embodies their personal value and the advanced nature of party members. These people deserve our praise!

There are also some people who are willing to volunteer because staying at home for a long time and not being able to go out can make people feel bored or even irritated, and volunteering can solve this problem.

Of course, there are also some people who are willing to volunteer because they can buy things and travel for themselves. As a volunteer, you don't have to watch the news in various WeChat groups every day, and you don't have to rush to buy vegetable bags and material bags. It not only serves others, but also facilitates itself.

But there are some volunteers who don't go voluntarily, like me.

I volunteered for a few days a while ago, but I didn't want to serve you at that time.

My mother-in-law is not in good health, the youngest is only 2 years old, and my husband is very busy with work and often can't go home for a week.

It stands to reason that I shouldn't go. Because I hardly have free time, let alone ask for a few nights in a hotel.

But why did I go?

At first, the company required a certain number of staff to be volunteers, but the number of applicants was not enough.

I was the youngest, and as a last resort, I went!

When I first started, I was reluctant and just wanted my volunteer work to be over as soon as possible.

However, in the process of overcoming difficulties to serve the people, I feel that I am not so anxious to go home, and I am even very happy.

That joy comes from the heart.

In the process of serving, I felt the great kindness of people, and the sense of fulfillment of doing things in a down-to-earth manner, and experienced my own value and the meaning of my work.

Party members should have overcome their own difficulties and take the initiative to go to the front line and string the front line, give full play to the vanguard and exemplary role, and strive to do practical things and solve problems for the people.

This is our responsibility and our obligation!

Through this little thing, I feel that my ideological consciousness is not enough, and I am often afraid of hardship and trouble when I encounter things. In the days to come, I will strengthen my convictions, take the initiative to serve the people, and do not evade, do not retreat, and move forward bravely. Hope.

Of course, you can refuse, it's just an internship, you can negotiate with the company. Volunteers are also at risk, and it is up to you to decide whether your lead sedan is suitable for your body.

If you don't go, you can also take a break or take unpaid leave.

If you are a party member, I suggest you go and serve the people.

If not, no one can force you to go for your own health, or you can negotiate to help in other departments.

Some of the epidemic volunteers are reluctant to go out to work, so you go home and don't go to volunteer. Those who participate in the volunteer must go out to work.