Three major employee relations issues after “Class B and Class B management”

        On December 26, 2022, the National Health Commission issued an announcement that novel coronavirus pneumonia was renamed novel coronavirus infection. From January 8, 2023, the prevention and control measures for Class B, Class A and Class B infectious diseases specified in the Law of the People’s Republic of China on the Prevention and Control of Infectious Diseases against novel coronavirus infection were lifted and adjusted to “Class B, Class B and Class B”.

        In a flash, on January 8, 2023, from the increasingly congested road traffic situation, I admire the foresight of the National Health and Health Commission. Many people after “Yangkang” began to go out for activities. After all, production and life will continue.

        The following are the related inquiries frequently received recently, and I believe that many enterprises are also concerned about employee relations:

1. How to pay the salary before January 8, 2023?

A:

        Before January 8, 2023, COVID-19 belongs to “Class B, Class A”. According to Article 41 of the Law on the Prevention and Control of Infectious Diseases and relevant provisions, if the employees are sheep, the enterprise shall treat them as if they provided normal labor and pay wages normally. According to the provisions of the Notice of Xiamen Municipal Human Resources and Social Security Bureau on Issuing the Guidance of Labor Relations Adjustment and Wage Payment Policy for Enterprises during the Prevention and Control of the New Type of Pneumonia Epidemic Disease in Xiamen [XRS [2020] No. 20] issued on January 30, 2020, the employing unit shall pay wages according to the wage standard of the employees’ normal work. According to the provisions of the “Guidelines on Wage Payment Policy for February 2020” issued on March 13, 2020, wages shall be paid according to the standards agreed in the labor contract.

        There may be different understandings of “the standard of normal labor” and “the standard agreed in the labor contract”, including different regulations or judgment standards in other regions. However, in any case, after all, the wages during the COVID-19 period belong to “the wages paid according to law under special circumstances”, which is different from “the wages that should be obtained for normal work”. Generally, judicial practice will not make enterprises bear greater risks due to the existence of “wage gap”, such as economic compensation for not paying labor remuneration in full and on time. If the wage difference between the enterprise and the employee during the “sheep sheep” period is in dispute and cannot be negotiated, it shall be submitted to the local judicial arbitration institution of the enterprise for adjudication and shall be performed according to the adjudication.

        Of course, before January 8, 2023, it is generally understood that COVID-19 belongs to force majeure, which is unpredictable or insurmountable for both enterprises and employees. It is everyone’s responsibility to prevent and control the epidemic. If the enterprise really has difficulties in capital turnover, it is suggested that the enterprise and employees can negotiate with each other to resolve the wage difference dispute during the COVID-19 period, and it is believed that the enterprise and employees will be able to understand each other and overcome the difficulties together.

2. How to pay the salary after January 8, 2023?

A:

        Since January 8, 2023, COVID-19 has been included in “Class B, Class B”, which means that no matter how COVID-19 makes people “swallow blades”, “lose bones”, or have no symptoms, it is a “common disease”.

        However, illness does not mean that employees must enjoy “medical treatment period” or “sick leave wage”. According to the provisions of the Regulations on Medical Treatment Period for Sickness or Non-work Injury of Enterprise Employees, medical treatment period refers to the time limit for employees to stop working due to illness or non-work-related injury to cure illness and rest and not terminate the labor contract. That is to say, even if the employee is “positive”, he/she must be in the state of need to stop working for treatment before he/she has “medical period” or “sick leave salary”, and he/she needs to have relevant proof materials and go through the leave approval procedures according to the company’s regulations.

        As for the problem of how employees can prove that they are “positive”, given the current shortage of medical resources, it is difficult for employees to hold hospital certification materials. It seems that neither “nucleic acid” nor “antigen” can accurately reflect whether they are “positive” or “healthy”, and it is still at the peak of the epidemic. If the fever rate is actually “positive”, it is suggested that enterprises can implement humanized management according to their own conditions, Build a harmonious employee relationship.

        As for the question of how long the recovery period of “Yang” is, it is generally believed that the recovery period of “Yang” is about 7 days, but according to the actual situation, many “Yang people” who have high fever may not recover completely in 7 days, and the physical state of “Yang Kang” and “Yang Qian” cannot be compared in the same day, and there are symptoms such as physical fatigue and memory decline. It is suggested that the company can determine a unified standard according to its own production and operation conditions, including the working methods and holiday treatment of “Yangkang period” and “Yangkang period”, while taking into account the special conditions of individual employees.

        At the same time, since COVID-19’s implementation of “Class B and Class B management” is regarded as a common disease, some special rights of the former “Class B and Class A management” are no longer enjoyed, such as tight connection protection, industrial injury protection, etc.

3. Can the enterprise require employees to wear masks at work and deal with disciplinary violations against employees who do not comply?

A:

        Although since January 8, 2023, COVID-19 has been included in the “Class B and Class B management” as a “common disease”, it is not a “common cold” after all, and is more infectious; After “Yang”, the damage to the body is greater, and it takes longer to recover to the body state before “Yang”; Moreover, COVID-19’s strains are different, and the strains will change again. After “positive”, there is a possibility of “re positive”. That is, the damage or impact of COVID-19 on enterprises and employees is obvious to all.

        Therefore, enterprises can start with rules and regulations according to their own production and operation conditions, formulate rules and regulations or modify rules and regulations through legal procedures, and clearly stipulate that employees who do not wear masks at work will be subject to disciplinary treatment according to specific circumstances, circumstances or times, until the labor relationship is terminated. That is, if the rules and regulations of the enterprise have clear and reasonable provisions on the disciplinary treatment of employees who do not wear masks, they can be punished.

Article source：Shanghai Lauda Xiamen Law Firm