Q&As Concerning Labor Issues under Novel Coronavirus
Since January 2020, due to the outbreak of novel coronavirus, it poses a ripple effect across sectors, especially in hotel, catering, film and other industries. Due to the extension of the Spring Festival holiday and the delay in resumption of work announced by local governments in response to the outbreak of novel coronavirus, it creates new problems and uncertainties in the employment market.
We have summarized the relevant notices and policies released by the Ministry of Human Resources and Social Security Bureau, including Beijing Municipal Human Resources and Social Security Bureau and other departments pertaining to Novel Coronavirus epidemic and reference was also made to the policies released by other provinces and cities in order to provide some updates with the Q&As concerning the labor and employment issues in response to the current crisis.
Issues：How to pay wages during the extended period of 2020 Spring Festival holiday (from January 31 until February 2)?
Approach:
- The extended Spring Festival holidays are considered as a rest day. For the employees who cannot take the extended vacations during the Spring Festival holiday due to epidemic prevention and control, the enterprises shall be guided to arrange for them the compensatory leave first. If the compensatory leave cannot be taken, the overtime wages shall be paid in accordance with the law.
- Where an employer lawfully arranges for an employee to work on a rest day, and is not able to arrange a compensatory rest period, it shall pay wages to the employee of not less than 200% of the daily or hourly wage standard for the individual employee stipulated in the labor contract.
Laws and Regulations:
Notice of the General Office of the State Council on Extending the Spring Festival Holiday in 2020
Opinions on Stabilizing Employment Relationship during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic to Support Enterprises in Resuming Work and Production
Tentative Provisions on Payment of Wages
Issues：How to pay wages after expiry of the extension Spring Festival holiday and during the period of delay in resumption of work (from February 3 until February 9)?
Approach:
- Where the employees cannot resume to work on-time or the enterprises cannot start the production due to the epidemic, the enterprises shall be guided to initiatively communicate with their employees, and the qualified enterprises may arrange for their employees to work at home and complete the work assignments by flexible working methods via telephone and network; the enterprises not meeting the remote working conditions shall negotiate with their employees on the priority to take various kinds of paid annual leave and welfare leave given by the enterprises themselves.
Laws and Regulations:
Opinions on Stabilizing Employment Relationship during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic to Support Enterprises in Resuming Work and Production
Issues：How to pay wages and benefits to the employees who fail to return to work due to the epidemic?
Approach:
- For the employees who fail to resume to work in time due to the epidemic, the enterprises may give priority to arranging paid annual leave for the employees. During the annual leave period, the employees enjoy the same wage income as during regular working hours.
- For the employees who still cannot provide normal work after taking various leaves or other employees who cannot provide normal work, the enterprises may arrange the employees furlough after consultation with the employees. During the furlough period, the enterprises shall pay the basic living expenses in accordance with not less than 70% of the local minimum wage standard.
- The employees who perform work tasks during business trip and fail to return to Beijing in time due to the epidemic situation shall be paid by the affiliated enterprise according to the salary during regular working hours.
Laws and Regulations:
Notice of the Beijing Municipal Human Resources and Social Security Bureau on the Proper Treatment of Labor Relations during the Prevention and Control of the Novel Coronavirus Epidemic
Approach:
- During the period of delayed resumption of work or non-return to work affected by the epidemic, for the employees who still cannot provide normal work after taking various leaves or other employees who cannot provide normal work, the enterprises shall be guided to negotiate with them with reference to the relevant provisions of the State on wage payment during suspension of work and production, and pay wages to them under the standard stipulated in the labor contract within a wage payment cycle; where a wage payment cycle is exceeded, living expenses shall be paid pursuant to the relevant provisions.
Laws and Regulations:
Opinions on Stabilizing Employment Relationship during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic to Support Enterprises in Resuming Work and Production
Issues：How to deal with the employees who are unwilling to return to work due to the fear of infectious disease?
Approach:
- For the employees who are unwilling to return to work, the enterprises shall timely publicize the requirements of the policies on epidemic prevention and control and the importance of enterprises' resumption of work, and actively persuade such employees to return to their posts in a timely manner. If such employees fail to return to their posts after being persuaded or refuse to return to their posts without justification, the enterprises shall deal with the case in accordance with the law and rules and regulations of the enterprises.
Laws and Regulations:
Opinions on Stabilizing Employment Relationship during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic to Support Enterprises in Resuming Work and Production
Issues：How to pay wages during quarantine period for novel coronavirus patients, suspected infections patients and close contact with confirmed cases?
Approach:
- For patients who are infected with novel coronavirus, suspected patients and close contacts during the quarantine or medical observation period and the employees who are unable to provide normal work to enterprises due to the isolation measures and emergency measures taken by the government, enterprises shall pay remuneration to employees during the above mentioned period.
Laws and Regulations:
Notice of the Beijing Municipal Human Resources and Social Security Bureau on the Proper Treatment of Labor Relations during the Prevention and Control of the Novel Coronavirus Epidemic
Approach:
- Where an employee is unable to provide normal work as a result of isolation pursuant to the law, the enterprise concerned shall be guided to pay wages based on normal workload; upon expiry of the isolation period, the employee who still needs to stop work for treatment shall be paid wages pursuant to the relevant provisions on medical treatment period.
Laws and Regulations:
Opinions on Stabilizing Employment Relationship during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic to Support Enterprises in Resuming Work and Production
Issues：How to deal with the labor relation with novel coronavirus patients, suspected infections patients, quarantine period for close contact with confirmed cases or medical observation period?
Approach:
- Where an employee of an enterprise is unable to provide normal work as a result of being isolated and treated or under medical observation because that he/she is a patient with pneumonia, a suspected patient or in close contact with a person with the novel coronavirus infection, or as a result of the government's implementation of isolation measures or other emergency measures, the above-mentioned period shall not be calculated into the medical treatment period that should enjoy lawfully by the employee; the enterprise shall pay remuneration to the employee during the above mentioned period, and shall not terminate the labor contract with the employee on the basis of Article 40 and Article 41 of the PRC Labor Contract Law. During this period, if the labor contract expires, it shall be extended to the expiration of the medical treatment period, the expiration of the medical observation period, the expiration of the quarantine or the termination of the emergency measures taken by the government.
(Beijing: During the medical treatment period, the enterprise shall pay sick pay according to the provisions of the labor contract or the collective contract, and the sick pay shall not be less than 80% of the Beijing Municipal minimum wage standard.)
Laws and Regulations:
Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relation Issues during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic
Notice of the Beijing Municipal Human Resource and Social Security Bureau on Further Improving the Work Related to Human Resources and Social Security during the Period of Prevention and Control of Novel Coronavirus Epidemic
Notice of the Beijing Municipal Human Resources and Social Security Bureau on the Proper Treatment of Labor Relations during the Prevention and Control of the Novel Coronavirus Epidemic
Issues：Can the employees infected with novel coronavirus be identified as work-related injuries?
Approach:
- In the work of prevention and treatment of novel coronavirus, doctors and nurses and relevant staff members should be identified as work-related injuries and receive work-related injury insurance in accordance with the law.
Laws and Regulations:
Notice of the Ministry of Human Resources and Social Security Bureau on the Protection of Healthcare Workers and Related Workers who are Infected with Novel Coronavirus when Performing Their Duties
Approach:
- If the employees who are assigned by the employer to Hubei province for business trip (work) are infected with the new coronavirus pneumonia, they should be classified as work-related injuries during business trips.
- If an enterprise's employees are infected with epidemic diseases or suffer other injuries in voluntary activities, they shall be deemed as work-related injuries according to "those who are injured in activities of safeguarding national interests and public interests such as rescue and disaster relief", and shall enjoy the treatment of work-related injury insurance in accordance with the relevant provisions of the regulations on work-related injury insurance.
Laws and Regulations:
Notice on the Adjustment of Labor Relations and the Guidance of Wage Payment Policy during the Prevention and Control of Novel Coronavirus in Xiamen
Issues：Undertaking the task of epidemic prevention and control may not be limited by the legal provision on extension of working hours?
Approach:
- For the enterprises which need to work overtime urgently to undertake tasks from the government of safeguarding the prevention and control of the epidemic, under the premise of ensuring the health and labor safety of the laborers, such enterprises shall consult with trade unions and employees on appropriate extension of the working hours to deal with urgent production tasks, and shall not be subject to the restriction of extending working hours in accordance with the law.
Laws and Regulations:
Opinions on Stabilizing Employment Relationship during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic to Support Enterprises in Resuming Work and Production
Issues：How to pay wages to the employees when the enterprise has suspended its business operations, due to the coronavirus outbreak?
Approach:
- Where an enterprise suspends production or business for a period less than a wage payment cycle, the enterprise shall pay wages to its employees pursuant to the standards stipulated in the employment contracts. Where the suspension exceeds a wage payment cycle and the employee has provided normal labor services, the wage paid by the enterprise to the employee shall not be less than the local minimum wage standard. If an employee does not provide normal work, the enterprise must pay his/her living expenses. The standard for living expenses shall be implemented in accordance with the measures stipulated by the various provinces, autonomous regions and centrally administered municipalities.
Laws and Regulations:
Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relation Issues during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic
(Note: the waiting salaries in Shanghai, Tianjin, Jiangxi, Liaoning, Xiamen and Zhuhai are the local minimum wages; Guangdong, Guangxi, Hebei, Jiangsu, Zhejiang, Hunan and Qingdao are 80% of the local minimum wages; Shaanxi is 75% of the local minimum wages; Beijing, Shandong, Jilin and Anhui are 70% of the local minimum wages; Guiyang is the 60% of the local minimum wages; Chongqing is the minimum living standard for local residents)
Issues：How to pay wages if the enterprises affected by the epidemic encounter difficulties in production and operation?
Approach:
- Where an enterprise has difficulties in production and operation due to the impact of epidemic, it may stabilize posts by adjusting salaries, rotating posts and taking holidays, shortening working hours or other means through negotiating with employees and by reaching an agreement, so as to avoid or reduce layoffs to the greatest extent.
- Where an enterprise that is temporarily unable to pay wages, it may negotiate with trade unions or employee representatives to delay the payment to reduce the pressure of capital turnover.
- Qualified enterprises may enjoy the Employment Stabilizing Subsidy as required.
Laws and Regulations:
Opinions on Stabilizing Employment Relationship during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic to Support Enterprises in Resuming Work and Production
Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relation Issues during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic
Issues：How to deal with layoffs due to the impact of the epidemic?
Approach:
- For enterprises that still need to lay off employees after taking corresponding measures, they may formulate layoff plans, perform relevant procedures in accordance with the law, properly handle employment relationship and maintain the normal production and operation order of enterprises.
Laws and Regulations:
Opinions on Stabilizing Employment Relationship during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic to Support Enterprises in Resuming Work and Production
Issues：Beijing enterprises can enjoy subsidy for stabilization of employment?
Approach:
- Beijing Municipal Human Resources and Social Security Bureau will refund the unemployment insurance premiums calculated according to the per capita unemployment insurance premium standard and the number of insured employees in the last six months of the local city, to the enterprises that does not lay off employees or minimize the layoffs despite being greatly affected by the coronavirus epidemic and are facing temporary production and operation difficulties.
Laws and Regulations:
Measures Taken by the General Office of the Beijing Municipal People's Government to Cope with the Outbreak of Novel Coronavirus and Promote the Sustainability and Healthy Development of Small and Medium Sized Enterprises
References:
1. Notice of the General Office of the State Council on Extending the Spring Festival Holiday in 2020 (January 26, 2020)
2. Notice of the Ministry of Human Resources and Social Security Bureau on the Protection of Healthcare Workers and Related Workers who are Infected with Novel Coronavirus when Performing Their Duties (January 23, 2020)
3. Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relation Issues during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic (January 24, 2020)
4. Opinions on Stabilizing Employment Relationship during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic to Support Enterprises in Resuming Work and Production (February 7, 2020)
5. Notice of the Beijing Municipal Human Resource and Social Security Bureau on Further Improving the Work Related to Human Resources and Social Security during the Period of Prevention and Control of Novel Coronavirus Epidemic (January 31, 2020)
6. Notice of the Beijing Municipal Human Resources and Social Security Bureau on the Proper Treatment of Labor Relations during the Prevention and Control of the Novel Coronavirus Epidemic (January 23, 2020)
7. Measures Taken by the General Office of the Beijing Municipal People's Government to Cope with the Outbreak of Novel Coronavirus and Promote the Sustainability and Healthy Development of Small and Medium Sized Enterprises (February 5, 2020)
8. Notice on the Adjustment of Labor Relations and the Guidance of Wage Payment Policy during the Prevention and Control of Novel Coronavirus in Xiamen (January 30, 2020)
YUAN Changting Attorney at law
Grandall Law Firm(BeiJing)
袁长婷 国浩北京办公室律师
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