Any Salary If You Get COVID?

Now Shenzhen   |   December 19, 2022

About The Author

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  • Author of Intellectual Property, Commercial, Company and Business Law In A Minute
  • Co-Author of Peking University Textbook: Business Ethics
  • Graduated from Fudan University Law School
  • Interviewed by Bloomberg and Timeout
  • Honorary Legal Advisor of Esports International Group;
    • International Financial Technology Academy;
    • The Asian General Chamber Of New Retail
  • Mentor at Bloom Education (Charity)

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5 COVID FAQ

Due to China's latest policy changes regarding COVID, I am getting a lot of questions related to COVID pay. Therfore I have done some legal research on this matter to answer the 5 hottest questions of the month. 

Question 1: 
Do you get paid if you get COVID?

This one here is definately the question I get answered the most. The answer is IT DEPENDS. I am basing my answer on the latest replies by the Shenzhen Human Resources and Social Insurance Bureau on the 14th of December.

Scenario 1: You continue your work from home online.
Answer: Full pay. The reason is very simple. You are working as normal, so obviously you should get paid in full. This is for people who are asymptomatic or experience light symptoms. Well, if you can still work with a heavy fever, diziness and a sore throat, kudos to you. You, brave warrior, shall get paid definately.

Scenario 2: You are ordered to quarantine at home or at a hotel.
Answer: Full pay. However, you must provide a certificate of quarantine that you can obtain either from the hospital that ordered you to stay at home, or a government authority like the neighbourhood community.

Scenario 3: You are not subject to a government ordered quarantine。
Answer: Sick leave pay. If you have paid sick leave written on your contract, you get paid according to what is agreed upon in contract. If your contract mentions nothing about sick leave, sorry that you are only entitled to 80% of the minimum wage of your city, which may be less than 100 Yuan per day if you are not in a rich city. 

However, if you have annual leave days, you may also liase with your employer to use them up during your sick leave period. 

Please note that teachers that have summer and winter vacations do not have annual leave days. For others, you get 5 annual leave days if you have been working from 1-10 years, 10 days if you have been working from 10-20 years, and 15 days if you have been working over 20 years. Note that it doesn't have to be working for the same employer. 

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Question 2:
What if you catch COVID and still go to work?

DO NOT DO THIS. If you know that you have COVID and still go to work, you are putting others in grave danger and if you cause a major outbreak, you might be committing a crime! You may also be fired without compensation, and asked to pay the company for financial losses suffered by your act.

Question 3:
Can you refuse to go to work out of fear of being sick?

Unfortunately you cannot. However, you might say, half of my collegues are sick already. If I go to work, I will surely catch COVID. Although the company has the obligation of disinfection of premises, if you just go missing, the company may have the right to fire you for being absent. What you should do is voice your concern to your boss and ask for permission to work at home. 

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Question 4: 
Is catching COVID at work considered as workplace injury?

Not unless you work as a doctor/nurse, at a hospital or quarantine centre. The company is also not obligated to buy you medicine either. However, it would be a good opportunity to use your social insurance at the hospital to get a huge discount on medicine and medical fees. 

What? Never heard of social insurance? In this case, there is a major breach in labour law and you may take legal action against your employer. Social insurance is another huge topic on its own, so you may read this article about social insurance: Hangzhou Training Centre DESTROYED By Edgar.

Question 5: 
Can you get fired for catching COVID?

If you get fired for catching COVID, this is classified as illegal termination and you are eligible for DOUBLE severance pay. To read more about illegal termination, read this: Near 6-Digit Number Won For US Teacher