On May 30, a video that "bloggers were dismissed for having been infected with the new crown" attracted attention. Have you ever been infected with COVID-19 as a reason to be dismissed? In response to the concerns of netizens, the health Times reporter interviewed a lawyer to answer them. "It is illegal for an employer to dismiss an employee on the ground that the employee has been infected with Xinguan", Xie Zhiyong, Dean of the school of comparative law of China University of political science and law, told the people's daily health client reporter , this kind of behavior violates the principle of prohibition of discrimination**
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If the cured employee has not seriously violated labor discipline or the rules and regulations of the employer, nor has he seriously neglected his duty or engaged in malpractice for selfish ends, which has caused significant damage to the interests of the employer, and has not violated laws and regulations, it is not in line with the provisions of China's labor law that the employer terminates the labor contract.
If a worker is incompetent and still incompetent after training or job adjustment, the employer may terminate the labor contract and give a written notice 30 days in advance.
Fu Jian, a lawyer of Henan Yulong law firm, said that according to the provisions of the employment promotion law, employers should not refuse employment on the grounds that they are carriers of infectious diseases. In case of dismissal, it may violate the provisions of the labor law on "workers have equal right to employment and choose occupation".