This is a question that is being asked by many people, employees are quarantined at home to prevent COVID-19 but their superiors still ask to go to work. So in this case, will the employee go to work as required and will the boss be criminally responsible?
Over the past time, the authorities have fiercely handled cases of violations of the regulations on medical isolation to prevent the COVID-19 epidemic, in which there are many cases where the investigative agency has prosecuted the criminal case "Doing the wrong thing." spreading dangerous infectious diseases to humans" (Article 240 of the Penal Code) as in Ho Chi Minh City and recently in Hai Duong.
Regarding the prevention of the COVID-19 epidemic, a reader, Mr. M. wondered, his friend T. (temporarily residing in Hanoi) had returned to Hai Duong on the occasion of the Tan Suu New Year before returning to Hanoi to work, T. is under home isolation at the request of Hanoi City, but T.'s superiors still ask to go to work.
"In case, T. goes to work at the request of the boss, will it be handled? Is T.'s boss responsible if the employee has COVID-19 and spreads the disease?" - Mr. M. put question.
Talking to PV about Mr. M.'s question, lawyer Le Van Kien (Hea.d of the Law Office of Light and Justice) said that the Hanoi People's Committee had announced to request all cases to return from Hai Duong. (from 0:00 on February 2) and other outbreaks in other provinces (during the past 14 days), immediately self-isolate at home until 14 days are completed (if 14 days are over, then self-isolate until a negative test result is obtained).
Thus, if T. is subject to returning from Hai Duong to Hanoi from February 2, he must self-isolate at home according to Hanoi's regulations.
In case T. is quarantined but still goes to work at the request of his superiors, then T. has violated the regulations on medical isolation, coerced medical isolation specified at Point b (Refused or evaded work). application of medical isolation and coercive medical isolation measures by competent state agencies), Clause 1, Article 11, of the Decree on sanctioning of administrative violations in the health sector (Decree 117 /2020/ND-CP) with a fine of 5-10 million VND.
Similarly, T.'s boss knows that his employee is quarantined but still forced to go to work will be handled for the act of "Not organizing medical isolation, forcing medical isolation in cases where it is necessary to do this. implement medical isolation in accordance with the law" specified at Point a, Clause 1, Article 11 of Decree 117/2020/ND-CP with a fine of 5-10 million VND", said lawyer Kien.
Agreeing with lawyer Kien, lawyer Tran T. Anh (Director of Minh Bach Law Firm) added that COVID-19 is a group A infectious disease, in case T. has a positive diagnosis. If you are counted with SARS-CoV-2 but still go to work, the fine will be heavier, from 15-20 million VND for refusing or evading the application of the decision on medical isolation, coercive medical isolation of the agency. competent state agencies for people suffering from group A infectious diseases as prescribed at Point b, Clause 2, Article 11 of Decree 117/2020/ND-CP.
Similarly, T.'s boss will also be sanctioned for failing to organize medical isolation for people with group A infectious diseases (point a, clause 2, Article 11 of Decree 117/2020/ND-CP). ).
Lawyers warn, the matter will be more serious if there is a case of T. contracting COVID-19 and spreading the disease to others while leaving the isolation place (at home).
"If this happens, both T. and T.'s boss will face prosecution and criminal prosecution for the crime of "spreading dangerous infectious diseases to people" - British lawyer said.
According to the two lawyers, in the case of T. or any other employee, if you are quarantined at home, you need to resolutely refuse the request of your superiors to go to work because the act of leaving the quarantine place is a violation. breaking the law, potentially spreading the disease, affecting the anti-epidemic work of the whole country, while they themselves will face heavy legal consequences.
Regarding the sanctioning of spreading false information about COVID, on February 24, the Inspector of the Hanoi Department of Information and Communications issued Decision No. 36/QD-XPVHC sanctioning administrative violations against LTH (born in 1992, in Phuc La Ward, Ha Dong District) for posting and sharing false information about the Covid-19 epidemic.
According to the legal regulations, the Inspector of Hanoi Department of Information and Communications has fined LTH 7.5 million and forced to remove the infringing information (now has removed the infringing information).
Previously, the police of Cau Giay district summoned Ms. NTT (SN 1989, in Cau Giay, Hanoi) to clarify the act of posting defamatory content, officers and people of Hai Duong in the prevention and control of the COVID-19 epidemic. 19.
The police of Cau Giay district have made a record of administrative violations against Ms. T. on the act of "providing and sharing fake information, untrue information, distorting, slandering, insulting the reputation of the agency. agencies, organizations, honor and dignity of individuals" according to Point a, Clause 1, Article 101 of Decree 15/2020/ND-CP of the Government.
On this basis, Ms. T. will be fined 7.5 million VND.
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