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How to compensate for being dismissed during the epidemic?
According to Article 42 of the Labor Contract Law: "Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law. Article 39 of the Law on the Prevention and Control of Infectious Diseases stipulates that the prevention and control measures for Class A infectious diseases include: (1) isolating patients and pathogen carriers, and determining the isolation period according to the medical examination results; (2) For suspected patients, isolation treatment should be conducted in designated places before diagnosis; (3) Observe patients, pathogen carriers and close contacts of suspected patients in medical institutions at designated places and take other necessary preventive measures. Therefore, the employer shall not dismiss employees because they are isolated or diagnosed. If the employer terminates the labor relationship in violation of regulations due to other problems, the employee may require the employer to pay double economic compensation according to Articles 48 and 87 of the Labor Contract Law. The calculation basis of economic compensation is Article 47 of the Labor Contract Law. Relevant basis: Article 47 Calculation of Economic Compensation in the Labor Contract Law. After working in this unit for one year, the employee shall be paid economic compensation according to the standard of one month's salary. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract. Article 48 Legal Consequences of Unlawful Dissolution or Termination of a Labor Contract If the employing unit dissolves or terminates the labor contract in violation of these regulations and the laborer requests to continue to perform the labor contract, the employing unit shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law. Article 87 Legal Liability for Violating the Dissolution or Termination of a Labor Contract If the employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.