Epidemic situation, Chinese vocabulary, refers to the occurrence and development of epidemic diseases.
First, the illegal operation during the epidemic should have the following contents:
1. For the employees of enterprises who are unable to provide normal labor for the pneumonia patients, suspected patients and close contacts infected with novel coronavirus during isolation treatment or medical observation, and because the government implements isolation measures or takes other emergency measures, the enterprise shall pay the employees 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.
2. If the enterprise has difficulties in production and operation due to the epidemic, it can stabilize its jobs by means of salary adjustment, rotation 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 employees fail to provide normal labor, the enterprise shall pay the living expenses, and the standard of living expenses shall be implemented in accordance with the measures stipulated by the provinces, autonomous regions and municipalities directly under the Central Government.
3, due to the outbreak, the parties can not apply for arbitration of labor and personnel disputes within the statutory arbitration period, the arbitration period is suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. Due to the epidemic situation, it is difficult for labor and personnel dispute arbitration institutions to hear cases within the statutory time limit, and the trial period can be extended accordingly.
4, local human resources and social security departments should strengthen labor guidance and services to enterprises affected by the epidemic, increase labor security supervision and law enforcement, and effectively protect the legitimate rights and interests of workers.
Legal basis:
Article 50 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment stipulates that anyone who commits one of the following acts shall be given a warning or fined not more than 200 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) refusing to carry out the decisions and orders issued by the people's government in an emergency.
(two) hinder the staff of state organs to perform their duties according to law.
(3) obstructing the passage of fire engines, ambulances, engineering rescue vehicles, police cars and other vehicles performing emergency tasks.
(four) forcibly broke into the warning tape and the warning zone set up by the public security organs.
Whoever obstructs the people's police from performing their duties according to law shall be given a heavier punishment.