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,The issue of wage payment is involved.,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 third issue of "Dissolution of Labor Contract", and the topic of "Work Injury Medical Treatment" will be launched in the follow-up. I look forward to your attention.

01The worker applies for resignation, but because of the epidemic control, the employer is unable to complete the resignation procedures on schedule, can the worker withdraw the resignation application and request to continue to perform the labor contract?

Answer:The resignation application shall have legal effect from the date of delivery to the employer, and the inability to handle the resignation procedures on schedule due to the epidemic control shall not affect its effectiveness, and the request of the worker to withdraw the resignation application and request to continue to perform the labor contract shall not be supported in general.

02Because of the epidemic control, in the event that the employer is unable to renew the labor contract, can the worker sue the employer to pay the double wage difference of the unsigned labor contract?

Answer:As long as the employer can prove that the intention to renew the labor contract has been proposed to the worker, but the labor contract cannot be renewed due to the objective reasons of the epidemic control, the request for the employer to pay double the wage difference should not be supported.

03During the period of epidemic prevention and control, during the period of isolation and medical observation, how should the labor contract expire?

Answer:If the labor contract expires during the period of isolation observation or medical observation as a new coronary pneumonia patient, suspected patient or close contact, the term of the labor contract may be extended to the end of the isolation observation or medical observation period. If conditions permit, electronic contracts can also be used to complete the formalities related to the renewal or termination of labor contracts.

04During the epidemic control period, can the employer terminate the labor contract because the worker cannot provide labor?

Answer: No.During the epidemic, the inability of workers to provide labor is based on the epidemic control policy, which is objective and does not belong to the labor law on the employer can unilaterally terminate the labor contract, the employer can not unilaterally decide to terminate the labor contract, but can adopt the corresponding wage payment standard according to the specific circumstances.

05During the control of the epidemic, if a worker deliberately conceals the infection and refuses to implement the prevention and control isolation policy to go to a public place, causing serious consequences, can the employer terminate the labor contract?

Answer: Yes.If the employer has evidence to prove that the laborer has the above-mentioned circumstances, it may terminate the labor contract on the grounds that the laborer has seriously violated the rules and regulations of the employer, and there is no need to pay economic compensation.

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. once won the "outstanding member of the disciplinary committee of the beijing lawyers association";
2. Has won the "Beijing Haidian District Lawyers Association Training Committee Outstanding Contribution Award";
3. It 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 of 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;