Over the past few days, Chinese social networks have been discussing the case of the dismissal of a Chinese teacher who had previously traveled from Ukraine, where she had previously contracted the coronavirus.
After returning to China, she worked as a Russian language teacher at an educational institution, however, when the educational institution found out that she had a history of contracting the coronavirus before returning to China, she received a call to tell her to leave school immediately and no longer go to work. .
After returning to China, this staff member reportedly took 50 or 60 nucleic acid tests, all of which were negative.
Is it legal for schools to fire employees on the basis that they were previously infected with the coronavirus?
According to a Chinese lawyer, according to Article 39 of the China Employment Contract Law, an employer can fire an employee under the following conditions:
(1) During the probationary period, it is proved that the employee does not meet the conditions of employment;
(2) Serious violation of the rules and regulations of the employing unit;
(3) Serious dereliction of duty, abuse of office for personal gain, and serious harm to the employing unit;
(4) The employee simultaneously establishes an employment relationship with other employers, which has a serious impact on the performance of the employer's work tasks, or refuses to make corrections at the suggestion of the employer;
(5) The employment contract is invalid due to the circumstances specified in clause 26 (1) 1) of this Act;
(6) Bringing to criminal liability in accordance with the law.
Thus, according to a Chinese lawyer, infection with the new corona does not belong to any of the above situations that allow the employer to terminate the employment contract, the employer illegally fired the employee on the basis that they were infected with the coronavirus. The employee can ask to continue fulfilling the employment contract or require the employer to pay double wages.
As to why the school decided to fire this employee, the main reason is that this employee has repeatedly described her experience of being infected with coronavirus in her video account, so some students and parents may believe that this employee will affect their health and there is a potential risk transmission.