The holiday is about to come. Everyone is looking forward to returning home for the New Year to reunite with their families. The editor of Honglian Circuit is also one of them. However, because of the prevention of the new crown epidemic, different protection policies have been implemented in various places. Everyone is also worried if it is because of the new crown. The epidemic situation is serious. Is returning to work after the holiday count as absenteeism due to the epidemic situation? If you are unfortunately infected with the virus on the way back and forth, is it considered a work injury? If I choose not to go home and stay there for the New Year, can I get the overtime pay? Then let the editor help you analyze and analyze:

At this critical moment, the editor of Honglian Circuits tells everyone: Many provinces, autonomous regions and municipalities across the country have launched the "New Year's Day" initiative. It has become the consensus of many people not to return home if necessary and try to stay there for the New Year. But for those who have to return to their hometown for various reasons and stay there for the New Year for the sake of the overall situation, some issues are best understood in advance. Because there will be many unexpected emergencies due to the change of the year, will returning to work after the Spring Festival be considered absenteeism due to the epidemic? If you accidentally contract the virus on the way back and forth, does it count as a work injury? If I choose not to go home and stay there for the New Year, can I get the overtime pay?

First of all, the first question is: returning to work after the first holiday due to the epidemic is not considered absenteeism, because from the perspective of local epidemic prevention and control policies, medium and high-risk areas are basically not allowed to flow, and people in low-risk areas are allowed to travel. A certificate of nucleic acid test within 7 days is required. But the situation will be ever-changing. It may still be accessible today, it may be closed tomorrow, it is still a low-risk area today, and it may become a medium-high-risk area tomorrow. Those who have travel plans must predict the unpredictability of the Spring Festival travel in advance. This is a force majeure factor and cannot be dealt with artificially.

Second, after the Spring Festival holiday, if you cannot return to work on time due to the epidemic, is it considered absenteeism?

Here, the editor of Honglian Circuits talked with the lawyer friends around him to understand, he believes that this situation cannot be regarded as absenteeism. According to the Ministry of Human Resources and Social Security "Notice on Properly Handling Labor Relations Issues During the Prevention and Control of the Novel Coronavirus Infection Pneumonia Epidemic", the suspected patients and close contacts of the novel coronavirus infected pneumonia patients will be isolated during their isolation observation and treatment period or during the medical observation period. , And for employees of enterprises who are unable to provide normal labor due to isolation measures implemented by the government or other emergency measures, the enterprise shall pay the employees’ wages during this period.

Generally speaking, if workers are affected by the epidemic and have difficulty returning to work, the company will give priority to arranging paid annual leave for employees after consultation with employees. For employees who did not return to work due to the epidemic and took a long time to resume work, the company will arrange to be on standby after consultation with the employees. During the waiting period, the enterprise shall pay living expenses. Therefore, employees who are unable to return to work on time due to objective reasons such as prevention and control measures should not be regarded as absenteeism.

It is worth noting that employees need to keep the epidemic prevention announcements issued by the local government, and proofs such as the suspension of trains and other vehicles, and submit them to the unit when necessary.

Since returning home during the Spring Festival, most people choose trains, planes, ships or long-distance buses, which are all confined spaces. Although relevant departments will take measures to eliminate the virus, it does not rule out the possibility of people gathering and contracting the virus. In case of accidental infection on the way back and forth, it cannot be recognized as a work injury.

The "Notice on the Protection of New Coronavirus Pneumonia for Medical Care and Relevant Staff Due to Performing Their Work Duties" clearly stated that in the prevention and treatment of new coronary pneumonia, medical staff and related staff are infected with new coronary pneumonia due to their work duties or due to Deaths from new coronary pneumonia should be recognized as work-related injuries and enjoy work-related injury insurance benefits in accordance with the law.

From this point of view, if people are not engaged in the prevention and related work of new coronary pneumonia, infection of new coronary pneumonia cannot be regarded as a work injury. However, if it is the medical staff and other support personnel rushing to aid the hardest-hit areas of the epidemic, after exposure to infection, they can be regarded as work injuries.

Thirdly, if those who stay in the local area for the New Year follow the policy, if they stick to work and stay at their posts, can they be counted as overtime?

About this point, the editor of Honglian Circuit also asked my lawyer friend, and his answer was not necessarily. Voluntary work may not necessarily be recognized as overtime by the unit. In principle, enterprises can formulate corresponding overtime systems. As long as they do not violate relevant national laws and regulations, the system is legal and effective after democratic procedures and publicity procedures. Enterprises can clearly stipulate the circumstances of overtime in the system, and those who meet the overtime regulations should be paid The corresponding overtime pay. If the company does not arrange for overtime and the overtime system does not stipulate that voluntary overtime is regarded as overtime, then voluntary work cannot be regarded as overtime. If the company requires employees to work, it can be considered overtime.

In addition, when staying behind during the Chinese New Year, workers should also figure out the two ways of working overtime and on-duty-overtime is the continuation of their own work by workers, and the intensity of their work is equivalent to that during normal work. The duty is often based on special and temporary arrangements such as safety, fire protection, and holiday duty. Generally, rest can be taken according to the situation, so the work intensity of the workers is not high.

Wages for overtime work are clearly stipulated in the "Labor Law", and wages for on-duty work are generally regulated by the internal rules and regulations of the employer.

Note: If you work overtime at the left-behind position, the unit cannot adopt such practices as “replace overtime with on-duty” or replace overtime with red envelopes. It is also necessary for workers to keep overtime notices, schedules, attendance records, etc., and collect valid evidence, and rely on these evidences when necessary Perform rights protection.

Finally, the editor of PCB manufacturers still has to warn everyone:

It's good to go home,

However, in such a severe epidemic situation, we still need to respond to the call of the country:

Don’t return home if you don’t have to, just celebrate the new year on the spot!

This is not only to protect yourself, but also to protect your family!

May the New Year in the coming year become even better.