Zhengzhou "Drug King" returns from watching a match in Italy, Henan village chief broadcasts a scolding! Ctrip responds by implementing job rotation and leave rotation.
[4] #ZhengzhouDrugKingReturnedFromWatchingFootballInItaly, HenanProvinceVillageChiefCursedOverLoudspeaker, LawFirmThreatenedToSueHimIntoBankruptcy!#
On the afternoon of March 11, the WeChat account "Zhengzhou Release" published an official announcement confirming one imported case of COVID-19 in Zhengzhou. The patient, Guo Pengpeng, male, aged 30, resides at Building 73, Zhongyuan East Road, Jingbei Community, Mifengzhang Subdistrict Office, Erqi District, Zhengzhou. His occupation is a labor dispatch worker from Haochang Labor Dispatch Company, assigned to the Zhengdong New Area Law Enforcement Brigade of the Zhengzhou Transportation Bureau's Law Enforcement Detachment.
The confirmed patient, Guo Pengpeng, has drawn widespread attention online.
This young man, Guo Pengpeng, traveled abroad just to watch a game, completely ignoring the outbreak of COVID-19 in Italy and France, and disregarding the heavy price the Chinese people had already paid to fight the epidemic. Even worse, after returning to China, he deliberately concealed his overseas travel history and itinerary, went to work as usual without regard for others' safety, causing many close contacts to be quarantined for observation.
As a result, a village chief in Henan resorted to a harsh radio broadcast to curse him.
It is reported that a law firm in the same office building as Guo Pengpeng, due to his intentional concealment of his travel history, had to shut down operations and quarantine all personnel for 14 days, disrupting their normal work resumption plans. The firm has now sued Guo Pengpeng in court, with the slogan: "Not only will Guo Pengpeng spend his life in prison, but he will also be bankrupted."
During the seven days Guo Pengpeng spent abroad watching the game, he traveled a total of 24,000 kilometers. From Zhengzhou to Beijing, from Beijing to Abu Dhabi, from Abu Dhabi to Milan, from Milan to Paris, from Paris back to Milan, from Milan back to Abu Dhabi, and from Abu Dhabi back to Beijing.
The following is his travel route:
As of 12:00 on March 11, 24 close contacts were preliminarily identified through epidemiological investigation, all of whom have been placed under centralized quarantine for medical observation.
Guo Moupeng concealed his overseas travel history after returning to Zhengzhou, suspected of violating the law on preventing and controlling infectious diseases, and public security authorities have filed a case for investigation.
At 15:30 on March 12, the Henan Provincial Government Information Office held the 28th press conference on COVID-19 prevention and control, clearly reporting the Guo Moupeng incident! (Most of the above content is from Dahe Daily)
A lawyer from Guangdong Zhiming Law Firm stated,According to Article 330 of the Criminal Law, those who constitute the crime of impairing infectious disease prevention and control and cause particularly serious consequences may be sentenced to up to seven years in prison. All facts of the Guo Moupeng case still need further clarification, and the final punishment will depend on the actual harmful consequences he caused. Additionally, if his fault leads to economic losses for others, they may also seek civil compensation from him in accordance with the law.
Here, reference can be made to the first batch of 10 typical cases of severely punishing crimes hindering epidemic prevention and control recently released by the Supreme People's Court—
Case 1: Tian Moumou's case of impairing infectious disease prevention and control—concealing travel history to Wuhan, causing multiple people to be quarantined for observation.
Brief facts of the case
On December 22, 2019, the defendant Tian Moumou took a train from Jining, Shandong to Wuchang, Hubei for work. On January 9, 2020, Tian returned to his home in Datanji Town, Chengwu County, Shandong after traveling through Jingzhou, Hankou, and Shangqiu, Henan by train. On January 20, Tian developed symptoms such as fever and dry cough, and visited the village clinic. On January 22, Tian went to Datanji Town Hospital and was diagnosed with pneumonia. Medical staff asked if he had a history of travel to Wuhan; Tian concealed his visits to Wuchang and Hankou, falsely claiming he had returned from Shijiazhuang. On January 23, Tian went to Chengwu County People's Hospital, where medical staff again asked if he had recently been to Wuhan; he deliberately concealed his visits to Wuchang and Hankou and was admitted to the general respiratory ward. On January 25, when medical staff, having learned of his travel history to Hankou, asked again, Tian still denied it. While being transferred to the infectious disease department for isolation after being diagnosed as a suspected COVID-19 case, he refused to cooperate and demanded discharge. On January 26, Tian was confirmed to have COVID-19. Due to Tian's violation of COVID-19 prevention and control regulations and his deliberate concealment of his return from Wuchang and Hankou, 37 people, including medical staff and patients in the same ward, were placed under quarantine observation.
Judgment
The People's Court of Chengwu County, Shandong Province, found that the defendant Tian Moumou violated the provisions of the Law on the Prevention and Control of Infectious Diseases. After the National Health Commission declared COVID-19 as a Class A infectious disease for prevention and control measures, Tian, knowing he should report his travel history to Wuhan, deliberately concealed it, refused to cooperate with medical staff in taking prevention and control measures, and created a serious risk of COVID-19 transmission, resulting in 37 people being placed under quarantine observation. His actions constituted the crime of impairing infectious disease prevention and control and should be punished according to law. Tian truthfully confessed his criminal facts and admitted guilt and accepted punishment. Accordingly, on March 1, 2020, he was sentenced to ten months' imprisonment for the crime of impairing infectious disease prevention and control.
#Ctrip disguised pay cut? Implementing "rotational work and rest"#
On March 12, an alleged Ctrip employee posted on social media that "Ctrip arranges employees to work three days and rest two days on a rotational basis," forcing employees to wait for assignments, effectively implementing disguised pay cuts and layoffs.
In response, Ctrip publicly stated this afternoon that some of its business operations are currently at a standstill. For departments with a significant reduction in workload, a full-time work schedule is no longer appropriate. These departments plan to adopt a rotating shift and rest work model that matches the actual workload, and are currently consulting with employees through negotiation, not enforcing it. Ctrip also stated that, according to a notice issued by the Ministry of Human Resources and Social Security on January 24, companies affected by the epidemic can stabilize job positions through measures such as rotating shifts and shortened working hours.
Ctrip's disguised pay cut?
This morning, a suspected Ctrip employee posted on Weibo that Ctrip is forcing employees into a "work three days, rest two days" rotating schedule and requiring them to sign an agreement stating that "hours worked will be paid at the original salary rate, while hours not worked will not be paid."
Upon hearing this news, the employee said that most people expressed dissatisfaction, believing that Ctrip is subtly pushing people out.
(The above news is sourced from Shanghai Hotline)
A lawyer from Guangdong Zhiming Law Firm stated,Companies can implement rotating shifts and rest for workers on the premise of reaching a consensus through consultation with employees.
Since rotating shifts and rotational rest are not due to quarantine preventing work, nor are they statutory holidays, but rather rest days determined by the enterprise itself, under the legal principle that statutory wage calculation days do not include rest days, the enterprise does not need to pay labor remuneration during the rest period of rotating shifts and rotational rest. This type of rotating shifts and rotational rest is different from work stoppage or production suspension, so it is not affected by the latter's regulations requiring normal wage payment within one wage payment cycle. Moreover, under the purpose of "stabilizing job positions and minimizing layoffs or reducing layoffs as much as possible," it can be understood that rest does not require wage payment, but living expenses should be provided.
According to Article 2 of the "Notice on Properly Handling Labor Relations during the Prevention and Control of the Pneumonia Epidemic Caused by the Novel Coronavirus" (Ministry of Human Resources and Social Security Office Power Generation [2020] No. 5): "If an enterprise experiences operational difficulties due to the impact of the epidemic, it may, through consultation with employees, adopt measures such as adjusting compensation, rotating shifts and rotational rest, or shortening working hours to stabilize job positions, and try to avoid layoffs or minimize layoffs. Eligible enterprises may enjoy stable job subsidies in accordance with regulations. If an enterprise suspends work or production within one wage payment cycle, it shall pay employees' wages according to the standards stipulated in the labor contract. If the suspension exceeds one wage payment cycle, and employees provide normal labor, the wages paid by the enterprise to employees shall not be lower than the local minimum wage standard. If employees do not provide normal labor, the enterprise shall provide living expenses, with the standard determined according to the regulations of each province, autonomous region, or municipality directly under the central government."
Image source: public online channels; delete if infringement occurs.
