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If the company resumes work without obtaining permission from the local government during the epidemic period, and requires the employee to go to work normally, which violates the legitimate rights and interests of the employee, the employee can negotiate with the company or apply for labor arbitration, and can also report to the labor administrative department. If the company has obtained permission from the local government to resume work during the epidemic and requires workers to go to work, workers should obey the company's safety.
In the case of the above-mentioned circumstances, the employee can apply to the company to work from home, and the company shall pay the employee wages according to normal attendance; If the employee is unable to work from home or does not have the conditions to work from home, he or she can negotiate with the enterprise to take the annual leave.
Paid holidays, or early weekends and other rest days, to offset the time during the lockdown period, wages will be paid as usual.
If the city or community is closed, how long will it take to lift the lockdown?
Generally speaking, the prevention and control requirements of each region are different, but basically the following points can be done to unblock: there have been no new infections in the local community in the past 14 days.
The last close contact in the area.
At the last contact with a confirmed case.
After nucleic acid screening of all personnel in the closed area for more than 14 days and two days before the lifting of the lockdown, all of them were negative.
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If it is true that the personnel in the closed and controlled area are forced to go to work by the company, they can complain to the local safety supervision office, and if the factory will be punished by the relevant departments, you can also get the corresponding compensation.
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Summary. According to the relevant regulations of Zhengzhou epidemic prevention and control, the closure and control area is "only in and out of the area", if the person is in the non-closed and controlled area, the company in the closed and controlled area will not be able to leave the closed and controlled area after entering the company to work, and before the closure and control are lifted.
According to the spokesperson of the Social Control Department of the Zhengzhou Epidemic Prevention and Control Leading Group at the press conference, people who currently live in closed areas and closed control areas cannot continue to work except for special needs such as medical treatment and other special needs to go out of the community. Personnel of organs, enterprises and institutions in closed and controlled areas work from home. All kinds of public service personnel who need to enter the closed and controlled area due to work will not affect their personal health code, nor will they affect their return to the community to live and work in the next step.
Personnel and vehicles participating in public services shall enter and exit the closed and controlled areas with valid certificates; Service personnel who need to enter the home and hospital should provide services on the premise of personal protection in strict accordance with the requirements to prevent cross-infection.
Whether the closure is lifted or not is subject to the ** notice.
To go to work in the company, you must go through the closed control area, you can only enter but not out, what should I do if the company requires me to go to work?
According to the relevant regulations of Zhengzhou epidemic prevention and control, the closure and control area is "only in but not out", if the person is in the non-closed and controlled area, and the company is in the area next to the closure and control, after entering the company to work, before the closure and control are lifted, they can no longer leave the closure and control area. According to the spokesperson of the Social Control Department of the Zhengzhou Epidemic Prevention and Control Leading Group at the press conference, people who currently live in closed areas and closed control areas cannot continue to work except for special needs such as medical treatment and other special needs to go out of the community. Personnel of organs, enterprises and institutions in closed and controlled areas work from home.
All kinds of public service personnel who need to enter the closed and controlled area due to work will not affect their personal health code, nor will they affect their return to the community to live and work in the next step. Personnel and vehicles participating in public services shall enter and exit the closed and controlled areas with valid certificates; The service personnel who need to enter the home and hospital should provide services under the premise of personal protection in strict accordance with the requirements to prevent cross-infection. Whether the closure is lifted or not is subject to the ** notice.
Look at other colleagues, if you can, you won't go, after all, life is the most important thing during the epidemic.
Can't go. Then communicate with the leader, and he may not go.
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Summary. Hello, I'm glad to answer for you, you can't go out to work in the closed control area, otherwise you will bear some legal responsibility. During the lockdown period, the closure and control area needs to implement "regional closure, staying at home, door magnetic management, and door-to-door service", so as to strictly implement home isolation measures, wear masks during home isolation, and minimize contact between family members.
Do a good job of environmental disinfection and ventilation. Arrange 24-hour patrol duty to prevent people from going out and stay at home. If it is difficult to manage and there is a high risk of transmission, residents in the area can be transferred to centralized isolation places if necessary, so people in the closed and controlled areas cannot go out to work, and it is recommended to work from home.
Can you go out to work in the closed and controlled area?
Hello, it's a pleasure to serve you, Li Juchun. I am a partner and am good at administrative, civil, criminal and contract law. I've already seen your question, and I'm sorting out a reply to you, which will take about five minutes.
Hello, I'm glad to answer for you, you can't go out to work in the Fengchun control area, otherwise you will bear some legal responsibility. During the closure and control period, it is necessary to implement "regional closure, staying at home, door magnetic management, and door-to-door service", so as to strictly implement home isolation measures, wear masks during home isolation, and minimize contact between family members. Do a good job of environmental disinfection and ventilation.
Arrange 24-hour patrol duty to prevent the personnel bureau from going out and moving, so that they can stay at home. If it is difficult to manage and there is a high risk of transmission, residents in the area can be transferred to centralized isolation places if necessary, so people in the closed and controlled areas cannot go out to work, and it is recommended to work from home.
Hello, now Kuanqi is more complicated in the epidemic, and the lockdown area needs to be lifted before you can go to work. When the following conditions are met at the same time, the closure and control can be lifted: 1. There are no new cases (or asymptomatic infections) within 14 days after the transfer of a case (or asymptomatic infection) in the closure and control area; 2. The last close contact in the area has been exposed for more than 14 days since the last exposure, and the nucleic acid test is negative 3. All personnel in the area have completed a round of nucleic acid screening 2 days before the unsealing is lifted, and they are all negative; 4. Risks can be eliminated by expert research.
Hello, if you still have any questions, you can continue to consult with me Bixing, or you can click on my avatar to enter my page to place an order for one-on-one consultation again, I wish you and your family peace and joy, happiness and health. If it's convenient, help me give a thumbs up, thank you very much.
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If the company resumes work without obtaining permission from the local government during the epidemic period, and requires the employee to go to work normally, which violates the legitimate rights and interests of the employee, the employee can negotiate with the company or apply for labor arbitration, and can also report to the labor administrative department.
If the company has obtained permission from the local ** to resume work during the epidemic and requires the worker to go to work, the worker should follow the company's arrangement. The closure of the community is a force majeure, and you can explain and negotiate telework matters to the unit. Affected by the epidemic, enterprises have stopped production and work, and need to pay wages normally.
Within a wage payment cycle, the employer shall pay the wages to the employee according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, the labor remuneration shall not be lower than the local minimum wage standard. According to the relevant regulations, if the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the employee wages according to the standard stipulated in the labor contract.
If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
Legal basis
Interim Provisions on Payment of Wages Article 12 If the employer suspends work or production within one wage payment cycle due to reasons not attributable to the employee, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract. If the wage payment cycle exceeds one period, if the worker provides normal work, the labor remuneration paid to the worker shall not be lower than the local minimum wage standard; If the worker fails to provide normal labor, it shall be handled in accordance with the relevant provisions of the state.
Circular issued by the Supreme People's Court (4) Handling labor dispute cases in accordance with law. Strengthen coordination with ** and relevant departments, and support employers to adopt flexible working methods in accordance with laws and regulations during the epidemic prevention and control period. When hearing labor dispute cases related to the epidemic, Article 26 of the Labor Law of the People's Republic of China and Article 40 of the Labor Contract Law of the People's Republic of China should be accurately applied.
Where an employer claims to terminate the labor relationship only on the grounds that the worker is a confirmed or suspected COVID-19 patient, an asymptomatic infected person, a person who has been quarantined in accordance with the law, or the worker is from an area where the epidemic is relatively serious, the people's court will not support it. With regard to the handling of relevant labor dispute cases, the policy documents formulated by the relevant administrative departments and provincial-level people for the proper handling of labor relations during the epidemic prevention and control period shall be correctly understood and applied.
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Hello dear, glad to answer for you: <>
Dear, hello, here is the relevant content found for you on the blind Internet, <> if the company resumes work without getting permission from the local ** during the epidemic, and requires the worker to go to work normally, which violates the legitimate rights and interests of the worker, the worker can negotiate with the company or apply for labor arbitration, and can also report to the labor administrative department. If the company has obtained permission from the local government to resume work during the epidemic period and requires the employee to go to work, the worker should obey the company's security When the above situation is not allowed to go out to work, the worker can apply to the company to work from home, and the company needs to pay the employee wages according to normal attendance; If the worker is unable to work from home or does not have the conditions to work from home, he or she can negotiate with the enterprise to take paid holidays such as annual leave, or take rest days such as weekends in advance to offset the time during the closed Mozai period, and the salary will be paid as usual.
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Summary. Glad for your question, employees in the lockdown area sneak home and the company will generally have detention and fines.
Glad for your question, employees in the lockdown area sneak home and the company will generally have detention and fines.
Further information: During the epidemic period, isolation and sneaking away is a violation of the requirements of relevant epidemic prevention measures, disrupting the national epidemic prevention arrangements, and may constitute the crime of obstructing the prevention and control of infectious diseases. It is the legal obligation of all units and individuals to accept measures such as investigation, testing, and sample collection of infectious diseases by disease prevention and control institutions and medical institutions.
Therefore, it is illegal to quarantine and run away during the epidemic. If there are serious consequences due to the act of isolation and sneaking during the epidemic period, such as causing the spread of the virus, etc., he will be guilty of obstructing the prevention and control of infectious diseases and shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the consequences are especially serious, the sentence is to be between three and seven years imprisonment. Legal basis: Article 12 of the Law on the Prevention and Treatment of Infectious Diseases stipulates that all units and individuals within the territory of the People's Republic of China must accept the investigation, inspection, sample collection, isolation and other prevention and control measures of disease prevention and control institutions and medical institutions related to infectious diseases, and truthfully provide relevant information.
Disease prevention and control institutions and medical establishments must not disclose information or materials related to personal privacy. Where the administrative departments of health and other relevant departments, disease prevention and control institutions and medical institutions infringe upon the lawful rights and interests of units and individuals due to the illegal implementation of administrative management or prevention and control measures, the relevant units and individuals may apply for administrative reconsideration or file a lawsuit in accordance with Article 330 of the Criminal Law, in any of the following circumstances, causing the spread of Class A infectious diseases and the spread or serious risk of transmission of infectious diseases that are determined to take prevention and control measures for Class A infectious diseases in accordance with law, sentenced to up to three years imprisonment or short-term detention; where the consequences are especially serious, a sentence of between three and seven years imprisonment is to be given: (1) The drinking water of the water supply unit does not meet the sanitary standards prescribed by the state; (2) Refusing to disinfect sewage, dirt, places, and articles contaminated by pathogens of infectious diseases in accordance with the sanitary requirements put forward by disease prevention and control institutions; (3) Permitting or conniving patients with infectious diseases, pathogen carriers, and patients suspected of infectious diseases to engage in work that is prohibited by the administrative departments of health and that is likely to cause the spread of the infectious disease; (4) ** Transporting items that are contaminated by infectious disease pathogens or may be contaminated by infectious disease pathogens in epidemic areas without disinfection; (5) Refusal to implement the prevention and control measures proposed by the people's ** at or above the county level and disease prevention and control institutions in accordance with the Law on the Prevention and Control of Infectious Diseases.
The teacher's vernacular is that if the company's employees sneak home and are caught, the company's legal person will be detained and fined, right?
Corporate corporations do not, employees can.
Teacher: I would like to know if there is any impact on the company?
Does the company know about it?
Knowingly.
The company does not allow employees to go back, and the company is not responsible for employees who insist on going back and sneaking away during the lockdown period.
Good. Thank you.
Informed case will but what is responsible for the teacher.
I didn't know about it after I ran back.
Knowing is knowing that the other party is going to sneak back and acquiesce in the other party's behavior.