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" issued an official announcement that Zhengzhou City confirmed one imported case of COVID-19 from abroad. The patient, Guo Moumeng, male, 30 years old, currently resides at Building 73, Zhongyuan East Road, Jingbei Community, Mifengzhang Subdistrict Office, Erqi District, Zhengzhou City. Occupation: labor service personnel dispatched by Haochang Labor Dispatch Company to the Zhengdong New District Law Enforcement Brigade of the Law Enforcement Detachment of the Zhengzhou Municipal Transport Bureau.
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 Mengpeng has filed a lawsuit against him in court because his deliberate concealment of his travel history caused the firm to suspend operations and all its personnel to be quarantined for 14 days, disrupting its normal return-to-work plans. The firm has also raised the slogan: “Not only will we make Guo Mengpeng rot in prison, but we will also make him bankrupt.”
During the seven days Guo Peng spent abroad watching football, 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, preliminary epidemiological investigation identified 24 close contacts, 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 Information Office of the Henan Provincial People's Government held the 28th press conference on COVID-19 epidemic prevention and control in Henan Province, at which the Guo Moumeng incident was explicitly reported. (Most of the above content is sourced from Dahe Daily.)
A lawyer from Guangdong Zhiming Law Firm stated,Under Article 330 of the Criminal Law, a person who commits the crime of obstructing the prevention and treatment of infectious diseases with especially serious consequences may be sentenced to a maximum of seven years of fixed-term imprisonment. The full facts of the Guo Moumeng case still need to be further clarified, and the final penalty will depend on the actual harmful consequences he caused. In addition, if his fault causes economic losses to others, they may also seek civil compensation from him in accordance with the law.
Here, we can refer to the first batch of 10 typical cases of crimes obstructing epidemic prevention and control recently released by the Supreme People's Court——
Case 1: Tian XX's Case of Impairing the Prevention and Treatment of Infectious Diseases —— Concealing Travel and Residence History in Wuhan Resulting in Multiple Persons Being Quarantined for Observation
Brief facts of the case
On December 22, 2019, the defendant, Tian Moumou, traveled by train from Jining, Shandong to Wuchang, Hubei to work. On January 9, 2020, after traveling by train through Jingzhou and Hankou in Hubei and Shangqiu in Henan, Tian Moumou returned to his home in Datianji Town, Chengwu County, Shandong. On January 20, Tian Moumou developed symptoms including fever and dry cough and immediately visited the village clinic. On January 22, Tian Moumou visited the Datianji Town Hospital and was diagnosed with pneumonia. When medical staff asked whether he had a history of travel or residence in Wuhan, Tian Moumou concealed the fact that he had been to Wuchang and Hankou and falsely claimed that he had returned home from Shijiazhuang. On January 23, Tian Moumou visited the Chengwu County People’s Hospital. When medical staff asked whether he had recently been to Wuhan, he still deliberately concealed the fact that he had been to Wuchang and Hankou and was admitted to the general ward of the hospital’s respiratory medicine department. On January 25, when medical staff, having learned of his history of residence in Hankou, asked him again, he still denied it. During the process of being transferred to the infectious disease department for isolation treatment after being diagnosed as a suspected COVID-19 case, he was uncooperative and demanded to be discharged. On January 26, Tian Moumou was confirmed to have COVID-19. Because Tian Moumou violated the relevant provisions on COVID-19 epidemic prevention and control and deliberately concealed the fact that he had returned from Wuchang and Hankou, a total of 37 medical staff and patients in the same ward were placed under isolation and observation.
Judgment
The People's Court of Chengwu County, Shandong Province, after trial, held that the defendant Tian XX, in violation of the provisions of the Law on the Prevention and Treatment of Infectious Diseases, after the National Health Commission announced that Class A infectious disease prevention and control measures were to be applied to COVID-19, clearly knew that he was required to report his travel and residence history in Wuhan, but deliberately concealed it and refused to cooperate with medical personnel in taking prevention and control measures, thereby creating a serious risk of the spread of the novel coronavirus and causing 37 people to be placed under quarantine observation. His conduct constituted the crime of impairing the prevention and treatment of infectious diseases and he should be punished in accordance with law. Tian XX truthfully confessed his criminal facts and pleaded guilty and accepted punishment. Accordingly, on March 1, 2020, the defendant Tian XX was sentenced to ten months' imprisonment for the crime of impairing the prevention and treatment of infectious diseases.
#Is Ctrip Implementing Disguised Pay Cuts? Introducing “Job Rotation and Rotational Leave”#
On March 12, a person claiming to be a Ctrip employee said on social media that "Ctrip has arranged for employees to work three days and rest two days on a rotating basis," forcing employees to be placed on standby in a disguised form of pay reduction and layoffs.
In response, Ctrip publicly stated this afternoon that some of its business operations are currently at a standstill. For departments experiencing a severe decline in workload, a full-time, full-day work schedule is no longer appropriate. These departments plan to adopt a rotating shift and rotating rest model that matches actual workload requirements. The company is currently seeking employee input through consultation and is not enforcing the arrangement. Ctrip also noted that, according to a notice issued by the Ministry of Human Resources and Social Security on January 24, enterprises affected by the epidemic may stabilize employment through measures such as rotating shifts, rotating rest, and reduced working hours.
Is Ctrip cutting salaries in disguise?
This morning, a person claiming to be a Ctrip employee said on Weibo that Ctrip is forcing employees into a “three days on, two days off rotating shift” arrangement and requiring them to sign an agreement stating that “hours during which work is arranged shall be paid at the original salary standard, while hours during which no work is arranged shall 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 rotating rest days are not situations where employees cannot go to work due to isolation, nor are they public holidays, they constitute rest days determined by the enterprise itself. Under the legal principle that statutory paid days do not include rest days, during the rest period caused by rotating shifts and rotating rest days, the enterprise is not required to pay labor remuneration. This type of rotating shifts and rotating rest days is different from work stoppage or production suspension, and therefore is not subject to the latter’s provisions regarding the requirement to pay normal wages for one wage payment cycle. Moreover, under the objective of “stabilizing job positions and minimizing layoffs or avoiding layoffs as much as possible,” it can be understood that no wages need to be paid during the rest period, but a living allowance should be provided.
Article 2 of the Notice on Properly Handling Labor Relations During the Period of Prevention and Control of the Novel Coronavirus-Infected Pneumonia Epidemic (Ren She Ting Fa Ming Dian [2020] No. 5) provides: “Where an enterprise experiences operational difficulties due to the impact of the epidemic, it may, through consensus reached with its employees, stabilize employment by adjusting remuneration, implementing rotating shifts and compensatory rest, and shortening working hours, and shall endeavor to avoid or minimize layoffs. Enterprises that meet the relevant conditions may receive employment stabilization subsidies in accordance with applicable regulations. Where an enterprise suspends work or production within one wage payment cycle, it shall pay employees their wages in accordance with the standards stipulated in the labor contract. Where the suspension exceeds one wage payment cycle, if the employee has provided normal labor, the wage paid by the enterprise shall not be lower than the local minimum wage standard. If the employee has not provided normal labor, the enterprise shall pay a living allowance, the standard of which shall be implemented in accordance with the measures prescribed by the respective province, autonomous region, or municipality directly under the Central Government.”
Image source: public online channels; delete if infringement occurs.
