Recently, with the tightening of the epidemic prevention and control situation in Beijing, many enterprise employees were quarantined and observed at home due to "pop-up windows", or although they held "green codes" without pop-up windows, they were taken closed management and other related measures due to epidemic prevention and control requirements. During this period, hot issues such as employee holidays, wage payment, enterprise employment, and the handling of labor relations have attracted much attention.

The stability of labor relations is the foundation of social stability, which is related to people's livelihood and affects thousands of families. At the same time, the employer as a business entity is an important force in social development. In this special period, in order to cooperate with the epidemic prevention and control work, Beijing Huixiang Law Firm organized various professional lawyers to study the legal and practical issues involved in the epidemic prevention and control period, and combined with the typical labor dispute cases that occurred during the epidemic prevention and control period in Beijing, wrote and sorted out the common problems related to labor compliance and labor relations during the epidemic prevention and control period.Involving employment management issues,Involving the payment of wages,Involving the issue of termination of labor contractandInvolving work-related medical problemsFour major topics, in the form of question and answer to give suggestions, in order to provide reference and guidance to employers and workers, hoping to further promote the harmony and stability of labor relations.

This time I will bring you the first issue of "Employment Management", and the following topics will be launched one after another, such as "Wage Payment", "Labor Contract Dissolution" and "Work Injury Medical Treatment". I look forward to your attention.

01Can the probation period be extended when workers are unable to provide normal labor due to epidemic control?

Answer:During the probation period, if the laborer cannot provide normal labor due to epidemic control, the employer may negotiate with the laborer to postpone the probation period. The period of inability to work is not counted in the probation period and is not regarded as an extension of the probation period. However, if the worker can provide labor in the form of home office or other forms, the probation period shall be calculated in accordance with the original agreement.

02After the employer has resumed work in accordance with the epidemic prevention and control policy, can workers who have not been prevented and controlled by the epidemic refuse to go to work on the grounds of the epidemic?

Answer: can not refuse. Workers who are unwilling to return to work can be dealt with by means of annual leave. For workers who refuse to go to work for no reason, the employing unit can explain the situation to the workers in written form such as mail and request them to resume work. If the workers still refuse to go to work, the employing unit can deal with absenteeism according to relevant rules and regulations. When the absenteeism time of the workers reaches a serious violation of the rules and regulations, the employing unit can unilaterally terminate the labor contract without paying economic compensation.

03Can the employer refuse to return to work after the new coronary pneumonia patient is cured?

Answer: No.. According to Article 16 of the Law on the Prevention and Control of Infectious Diseases, no unit or individual may discriminate against infectious disease patients, pathogen carriers and suspected infectious disease patients. If the new coronary pneumonia patient has been cured, there is no infectious disease and pathogen carrier, the employer may not refuse to return to work on this ground, but may require the worker to issue a certificate of cure.

04During the epidemic prevention and control period, can workers refuse the employer's arrangement of requiring workers to travel to medium-and high-risk areas?

Answer: Can. During the prevention and control of the epidemic, the medium-and high-risk areas belong to the risk areas of the outbreak, which pose a greater threat to the health of workers and are risky in nature. According to the Labor Law, workers can refuse the arrangement of the employer to force risky operations.

05If a worker is temporarily quarantined to an employer due to the epidemic prevention and control policy, can non-working hours be considered overtime?

Answer: No.. According to the relevant provisions of the "Labor Law", overtime generally refers to the employer's arrangement of workers to work outside the legal working hours due to production and operation needs. During the period when the worker is isolated to the unit, although he has been in the employer during non-working hours, it is based on the needs of epidemic prevention and control, not to deal with work affairs. If he is engaged in work during non-working hours, he can apply for overtime according to the regulations of the employer.

06Home office period, the employer can implement attendance management for workers?

Answer: Can. During the period of home office, it belongs to the normal labor situation provided by workers. Employers can implement flexible attendance management for workers through DingTalk, enterprise WeChat and other forms according to the attendance management system.

07If the employer is suspended due to epidemic control, can the employer arrange for workers to wait for work without consensus?

Answer:If the employer is shut down due to the control of the epidemic, there is no explicit stipulation on whether the employer needs to reach a consensus on the arrangement of workers waiting for work. And this situation is the objective cause of the epidemic, can not be attributed to the employer, the employer without consensus to arrange workers waiting for work is not improper.

Warm Tip: This question and answer is based on the actual situation in Beijing, combined with the relevant labor policies and labor characteristics in Beijing. Labor employment laws and policies have strong regional characteristics, and local policies are different. If the relevant regulations, understandings, understandings or judicial practices in other regions are inconsistent with the content of this answer, they shall be implemented in accordance with local regulations.

Author Introduction

Lawyer Shandan, Deputy Director of the Management Committee of Beijing Huixiang Law Firm, Director of the Professional Committee of Labor Dispute and Social Security Law.

Field Specialty:
Labor and personnel disputes;
matrimonial and family legal services;
related fields such as company law;

Social duties:
1. Deputy Director of the Rights Protection Committee of Beijing Chaoyang District Lawyers Association;
2. Part-time arbitrator of Beijing Labor and Personnel Dispute Arbitration Commission;
3. Deputy Director of Labor Law Professional Committee of Beijing Lawyers Association;
4. Members of the petition mediation expert group of Beijing High Court, Beijing Municipal Bureau of Justice and Beijing Lawyers Association;
5. Director of Beijing Labor and Social Security Law Branch;
6. Member of Beijing Labor and Social Security Law Society.

Personal Honor:
1. He was once an outstanding member of the Disciplinary Committee of the Beijing Lawyers Association ";
2. Won the "Outstanding Contribution Award of the Training Committee of Beijing Haidian District Lawyers Association";
3. Has been awarded the title of "Beijing 'Excellent Labor Lawy' Professional Lawyer" by Beijing Lawyers Association.

achievements in scientific research and legislation:   
1. Participated in the discussion of "Beijing Labor Contract Regulations", "Work Injury Insurance Regulations" and "Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases" for opinions;
2. On August 1, 2009, China Legal Publishing House published a professional book on labor law-"A Look at the Picture of Labor Law";
3. Published many articles in the field of labor law in the Journal of Beijing Labor and Social Security Law Association and books and journals in professional fields;
4. Served as editorial board in "Beijing Lawyer Professional Warning Record" and "Beijing Lawyer Disciplinary Work Collection;
5. Author of the book "Legal Practice and Case Study of Enterprise Labor Disputes.

Public welfare undertakings:
1. Hired by China Public Interest Litigation Network as "Pro bono (Public Interest) Internship Project Tutor for Law Students";
2. Hired by the All-China Women's Federation as "Women in the Ministry of Rights and Interests-Expert Guidance Member for Legal Rights Protection";
3. MH370 Malaysia Airlines lost contact expert negotiation group members.

Tan Linlin, Intern lawyer of Beijing Huixiang Law Firm, member of Labor Dispute and Social Security Law Committee of Huixiang Law Firm. Have a solid foundation in law, good at contract review and civil and commercial disputes and other fields. Since engaging in the legal profession, it has always been adhering to the purpose of providing high-quality and efficient legal services, a serious and responsible work attitude and a rigorous and meticulous work style. It has provided a lot of effective legal assistance to various customers, solved a large number of practical problems, and was well received by customers.

Field Specialty:
Labor and personnel disputes;
related fields such as company law;