Will you be fired if you don't go to work during the epidemic?

If employees are dismissed during the epidemic, they can apply to the labor management department for arbitration. However, if the employer can produce evidence to prove that the employee has violated the law, it can legally dismiss the employee. If employees are dismissed without fault, they need to pay economic compensation according to regulations.

In accordance with the relevant provisions of the state, the enterprise employees who are unable to provide normal labor due to isolation treatment or medical observation of pneumonia patients, suspected patients and close contacts infected with novel coronavirus, and isolation measures or other emergency measures taken by the government shall pay the employees labor remuneration during this period, and shall not terminate the labor contract with the employees according to the provisions of Articles 40 and 41 of the Labor Contract Law. During this period, if the labor contract expires, it shall be postponed to the medical treatment period, medical observation period, isolation period or the expiration of emergency measures taken by the government. If the production and operation of the industry are difficult due to the epidemic situation, it can be stabilized by means of salary adjustment, rotation and rest, and shortening working hours. Through consultation with employees, and try not to lay off employees or less. Eligible enterprises can enjoy stable job subsidies according to regulations.

If an enterprise stops production within a wage payment period, the enterprise shall pay the wages of its employees according to the standards agreed in the labor contract. If the salary payment period exceeds one, and the laborer provides normal labor, the salary paid by the enterprise to the laborer shall not be lower than the local minimum wage standard. If the employee cannot provide normal labor, the enterprise shall pay the living expenses.

Due to the epidemic situation, if the parties cannot apply for arbitration of labor and personnel disputes within the statutory arbitration period, the arbitration period shall be suspended.

Legal basis:

People's Republic of China (PRC) labor contract law

Article 46 (Economic Compensation) Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.