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Jurong city yellow code personnel home isolation hot questions and answers
For the July 2021 new crown epidemic since the occurrence of Sukang code "yellow code" staff to implement home isolation observation related to the rights and interests of workers, in accordance with the "Provincial Human Resources and Social Security Office of the current epidemic prevention and control of the work of the spirit of the notice" and the national, provincial and municipal policies and regulations and related to the prevention and control of epidemics and the handling of labor relations. The spirit of the guidance, discussed at the meeting and drawing on the practice of neighboring cities, the current Sukang code "yellow code" workers home isolation observation period of how to use the employee's leave, how to pay wages and other hot issues, is now proposed to respond to the following.

One, home isolation observation during the employee's vacation how to provide?

Workers due to the "yellow code" home isolation observation period and do not have the conditions of home office, the enterprise can negotiate with the workers, co-ordinate the arrangement of annual leave, self-supporting welfare leave and other types of leave. Enterprises arranging annual leave for employees should inform the employees in advance, and shall not be treated as having taken annual leave after the fact. Employees in the annual leave, marriage and bereavement leave, family leave, maternity leave, male nursing leave and other leave during the "yellow code", according to the requirements of the epidemic home isolation observation, the relevant leave is not due to coincide with the time of home isolation observation and deferred.

Second, how to pay wages during home quarantine observation?

Workers due to the "yellow code" home isolation observation period, the enterprise to arrange for employees to work at home, the corresponding wages should be paid in accordance with the law; the enterprise did not arrange for employees to work at home, it should be regarded as the employee to provide normal labor to pay wages; employees to take annual leave, marriage and bereavement leave, family leave, maternity leave, male care leave and other leave, the enterprise shall pay wages as if the employee provided normal labor.

Third, how are wages paid to employees who visit their friends and relatives in a closed community or are isolated in a medium- or high-risk area?

If an employee fails to comply with the government's epidemic prevention and control regulations, resulting in isolation and observation, the enterprise may not pay wages.

Four: How are wages paid if they don't show up for work after taking a nucleic acid test as required by the government?

Generally, in order to prevent the epidemic needs, according to the government requirements for nucleic acid testing, should be regarded as employees to provide normal labor, wages should be paid according to normal attendance, but not to affect the work as a prerequisite; employees who are required to do nucleic acid testing during working hours due to their personal business needs should be treated as casual leave.

V. Can the enterprise terminate the labor contract on the grounds that the employee is under "yellow code" home isolation observation?

Enterprises are not allowed to cancel or terminate the labor contract on the grounds of "yellow code" home isolation observation.

Fifth, what is the operation after an employee's "yellow code" is changed to green?

"Yellow code" to green employees should inform the enterprise in a timely manner, in accordance with the requirements of the enterprise to resume work in a timely manner, to fulfill their labor obligations; without a valid reason for not arriving at work on time, the enterprise can be dealt with in accordance with the rules and regulations. Enterprises should protect the labor rights of employees, and timely arrangements for "yellow code" to green employees to resume work, and shall not refuse to arrange for the resumption of work without justifiable reasons.

Issues related to vacation and wage payment during the period of home isolation or centralized isolation observation of workers due to "Code Red" shall be handled with reference to the above opinions.

Jurong City Human Resources and Social Security Bureau

August 6, 2021