I don't want to travel abroad during the epidemic. What should I do if the company dismisses me?

Q: The company needs me to travel abroad in the near future. What should I pay attention to? Which departments do I need to apply to? In view of the serious epidemic situation abroad, I have some concerns now and don't want to travel. If I don't travel, what will happen to me if the company dismisses me? Can I defend my rights? What is the basis?

A:

1. Pay attention to self-protection, plan the route reasonably, prepare relevant health certificates and personal protective equipment before leaving the country, and take care of yourself.

Attention should be paid to the epidemic prevention and control requirements for entry and exit, and companies can be required to provide necessary epidemic prevention protection and labor protection, and purchase accident insurance and overseas medical insurance to better ensure travel safety. You also need to take the initiative to report your personal health when you return to China.

2. During the epidemic period, there are provisions for epidemic prevention and control in all localities, and there are also specific provisions for entry and exit business. To apply for entry and exit, it is recommended to consult the exit and entry administration department of the local public security organ.

In addition, we should also pay attention to the epidemic prevention and control regulations of overseas destinations, especially in entry and exit. After the World Health Organization declared the COVID-19 epidemic as a public health emergency of international concern, some countries and regions successively imposed temporary entry control measures on China citizens. In order to protect the vital interests of the vast number of entry-exit personnel and reduce personal losses, we can inquire about the temporary entry control measures of various countries (regions) and the traffic situation at China port through the "one-click inquiry of entry-exit information" applet of the National Immigration Administration.

If you don't go on a business trip, the company will fire you. The direct impact on you is that the company cancels the labor contract with you. As workers, they have the right to defend their rights.

You can negotiate with the company. If negotiation fails, you can complain to the labor inspection department to protect your rights, or you can take labor arbitration or legal proceedings to protect your rights.

Whether the company's dismissal of employees violates the labor contract law is decided by the labor inspection department, the labor arbitration commission, the court and other departments, not by the company itself.

If the company dismisses you, which does not comply with the relevant provisions of the law, according to the provisions of Articles 46, 47 and 48 of the Labor Contract Law, the company needs to pay you economic compensation or economic compensation.

What needs to be noted here is whether it is necessary and reasonable to go abroad for business at this time under the current serious epidemic situation abroad. If the arrangement for going abroad on business is unnecessary and unreasonable, you can refuse to go abroad on business on the grounds that the unit commands or forces risky operations in violation of regulations according to the second paragraph of Article 38 of the Labor Contract Law, or you can complain to the relevant departments of the local government.

During the epidemic period, the company shall abide by the relevant provisions of local epidemic prevention and control, and provide necessary epidemic prevention protection and labor protection for employees traveling abroad. Without violating the government's epidemic prevention and control requirements, it is the company's independent decision to require workers to go abroad on business. As a laborer, you have the obligation to obey the company's work arrangement, and you can't refuse to go abroad for business trip because you are afraid of infection. If you really apply for sick leave for personal reasons, you should apply to the unit and submit relevant certificates, which will be approved and decided by the company according to the actual situation.