Employees who were laid off during the epidemic were ordered to pay compensation. Recently, the Le'an County People's Court heard a labor dispute case and ruled that the defendant Zodiac Company should pay 5,600 yuan in compensation for illegally terminating the labor contract.

Employees who were dismissed during the epidemic were ordered to pay compensation

Because Xiaoling did not report to work as required by the company during the epidemic, the company determined that Xiaoling had been absent from work for 6 days and dismissed her. Recently, the Le'an County People's Court heard a labor dispute case and ruled that the defendant Zodiac Company should pay 5,600 yuan in compensation for illegally terminating the labor contract.

On July 1, 2019, Xiaoling joined Zodiac Company as a clerk, with a monthly salary of 2,800 yuan. On January 23, 2020, Xiaoling went to Sanming, Fujian Province to celebrate the New Year after working at work. Then the new coronavirus outbreak broke out across the country. All local departments took anti-epidemic measures, suspended railway operations, and closed highways. On January 30, the Zodiac Company work WeChat group notified the company to implement a duty system and arranged for Xiaoling to be on duty on February 7. On February 5, Zodiac Company announced: "Due to the particularity of the sanitation industry, when the epidemic gradually broke out, all colleagues in the production department were fighting on the front line. All logistics staff are now required to resume normal work tomorrow, count supplies, and do a good job We have sufficient supplies and condolences to front-line production workers. We hope that all logistics personnel will stick to their posts and are not allowed to ask for leave or be absent from work. Violators will be severely punished." Xiaoling immediately replied: "But I won't be able to go to work until tomorrow afternoon because of my car tomorrow morning. I'm not sure whether the Fuzhou expressway can travel normally." The next day, it was discovered that the railway from Fujian to Jiangxi had not been restored. On the same day, he asked for leave from the department supervisor and the company leader. The company leader asked him to come back to work on February 9. On February 10, Xiaoling heard that the company sent vehicles to transport supplies and pick up non-local employees to return to work. Xiaoling took a car to Fuzhou and contacted the company leaders, hoping to take company vehicles back to work. However, the company leaders said that due to epidemic prevention and control, they could not go out to pick up people. No vehicle was arranged, so Xiaoling had to return to Fujian. On February 11, Zodiac Company fired Xiaoling on the grounds that Xiaoling was absent from work for 6 days from February 5 to February 10 and violated the terms of the labor contract.

The Le'an Court held after trial that the plaintiff Xiaoling's inability to return to work on time due to traffic control during the epidemic was force majeure, and she had completed the leave application procedures with the company in a timely manner, and also requested the defendant company on the basis of executing the government's epidemic prevention and control orders. After applying for a car to be sent back to work, the defendant Zodiac Company unilaterally terminated the labor contract with the plaintiff on the grounds that the plaintiff was absent from work in violation of the company's rules and regulations. There was no factual and legal basis and compensation should be paid, so the above judgment was made. After the judgment of the case, the defendant Zodiac Company did not appeal and paid compensation to Xiaoling after the judgment came into effect.

Source: Le'an Court Network