After Class B and B management | What to do when your employees are infected?
Starting from January 8, 2023, “Class B and B management” is implemented for novel coronavirus infections. In our last article, we shared the content of the announcement, including the update on the measures for segregation control of inbound persons. If you want to learn more, please click on the following link: Covid-19 Renamed into Infection, 0+0 with 48 PCR Test to China SONG (serviceonnewgrounds.com)
The adjustment has triggered a series of new problems in employers’ employment management and labor protection of employees. So far, the Social Security Bureau has not issued an official “red-headed“ document, but by consulting the online service of the Social Security Bureau, it gave the following reply about practical advice: –
- Starting from January 8, 2023, after the state adjusts the new coronavirus infection to “Class B and B management”, if employees infected with the new coronavirus need to stop working for treatment and rest, the related wage payment issues will be handled by the enterprise in accordance with the «Labor Contract Law» and the relevant provisions of «the medical treatment period for employees who are sick or injured not due to work».
In this regard, we have collected some questions and answers that have tracked a lot of attention as well as legal opinions for the reference of employers.
Q1: How should employers pay wages after employees are infected with the new coronavirus?
A: Sick leave pay may be granted.
For employees infected with the new coronavirus, from January 8, 2023, the employer is no longer required to issue normal wages in accordance with the provisions of Article 41 of the «Law of the People’s Republic of China on the Prevention and Treatment of Infectious Diseases».
For employees who are infected with the new coronavirus and need to stop work for treatment, the employer can treat them in accordance with sick leave and issue sick leave pay entitlements.
Q2: Can the employer require employees to wear masks during work by way of regulations?
A: Can be reasonably formulated.
After the “Class B and B management”, employers can be based on the characteristics of their industries, vulnerable people gathered in the scope of independent management require employees to wear masks during the post.
Q3: How to determine whether an employee should work from home after contracting the new coronavirus? How should wages be paid after working from home?
A: Determined by mutual consensus. The employer shall pay the regular salary.
Employees infected with the new coronavirus may communicate with the employer about working from home according to their health condition, and work from home with the employer’s consent; the employer may arrange for workers infected with the new coronavirus to work from home, but should implement it after consultation with the workers based on their actual needs of production, operation, and management.
According to the «Opinions of the Supreme People’s Court on Providing Judicial Services and Guarantees for Stable Employment», if an employer arranges for an employee to work normally from home or through the flexible method, and the employee requests to be paid at the normal wage rate, the people’s court shall support it according to law. Therefore, the employer shall pay normal wages to the employees infected with the new coronavirus during the period of working at home.
Q4: Can an employee refuse to work due to another employee getting infected?
A: This is generally not possible.
After the “Class B and B management”, the new coronavirus-infected people no longer take isolation measures, and employees cannot refuse to work at the office simply because of the risk of infection in the workplace. Employers should do a good job of disinfection, provide masks and other protective equipment, and provide a safe working environment for employees.
Special personnel (such as pregnant women, and high-risk personnel with basic diseases or immune deficiencies) who request to work from home considering their own situation can communicate fully with the employer and obtain approval to work from home.
Employees who refuse to work without a reasonable reason may be dealt with by the employer in accordance with the rules and regulations.
If you have further questions, you can consult the Human Resources and Social Security Administration Bureau and stay tuned for news and updates. If you have any other questions, please feel free to contact us.
Reference:
«Medical treatment period for employees who are sick or injured not due to work»
http://www.mohrss.gov.cn/xxgk2020/gzk/gz/202112/t20211228_431556.html
«Law of the People’s Republic of China on the Prevention and Treatment of Infectious Diseases» http://www.npc.gov.cn/npc/c238/202001/099a493d03774811b058f0f0ece38078.shtml
«Opinions of the Supreme People’s Court on Providing Judicial Services and Guarantees for Stable Employment»
