National Notice on Epidemic Labor Relations 2020-5
Notice on Improving the Handling of Issues in Labor Relationships During the Period for Protection and Control of Pneumonia from the Novel Coronavirus Infection
https://www.chinalawtranslate.com/en/notice-on-improving-the-handling-of-issues-in-labor-relationships-during-the-period-for-protection-and-control-of-pneumonia-from-the-novel-coronavirus-infection/
This notice gives important guidance on how labor relations should be treated during the pandemic. This includes the need for employers to pay workers who are unable to work due to epidemic control measures, pay during work stoppages, and the suspension of time limitation for the filing of labor arbitration cases where the epidemic and epidemic control measures have created obstacles to filing in a timely manner.
Promulgation Date: 24 JAN 2020
Document Number: 人社厅发明电[2020]5号
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To the Human Resource and Social Security Departments (Bureaus) of each province, autonomous region, directly-governed municipality, and the Xinjiang Production and Construction Corps.
So as to do a good job of efforts to prevent and control pneumonia from the novel coronavirus, to improve the handling of issues in labor relationships during the period of preventing and controlling the epidemic, to protect the lawful rights and interests of employees, to ensure the normal order of production and business for companies, and to promote harmonious and stable labor relations, the following notice is given on related issues:
1. For employees who have or are suspected of having pneumonia from infection by the novel coronavirus, and those in close contact with it, during the period of isolation and treatment or medical observation, as well as those who are unable to work normally as a result of government quarantine measures or other emergency measures, the enterprises shall pay their salaries for this period and must not end their labor contracts on the basis of articles 40 and 41 of the Labor Contract Law. Where labor contracts are completed during this period, appropriately extend them until the completion of the employees' medical treatment, medical observation, isolation period, or the completion of the emergency measures imposed by the government.
2. Where enterprises experience production and business difficulties due to the impact of the epidemic, they may consult with employees to reach an agreement on adjusting salaries, work rotations, reducing work hours, and other methods to maintain positions, avoiding or minimizing layoffs as much as possible. Eligible enterprises may receive subsidies for maintaining positions in accordance with regulations. Where enterprises stop production during a pay period, the enterprises should pay salaries as provided in the labor contract. Where it is for longer than a pay period, if employees provide normal labor, salaries paid by the enterprise must not be lower than the local minimum wage standard. Where professionals do not provide regular labor, the enterprises shall issue living allowances at a standard provided for by provinces', autonomous regions' and directly-governed municipalities' measures.
3. Where due to the impact of the epidemic, parties are unable to apply for arbitration of a labor dispute within the period of limitations, the period may be suspended. The period of limitations is to resume counting from the day on which the causes of the suspension are eliminated. Where due to the impact of the epidemic it will be difficult for labor dispute arbitration organizations to hear cases within the legally prescribed time limits, the period may be extended accordingly.
4. Each area's department for human resources and social security should enhance guidance and services for labor and employment for enterprises affected by the epidemic, increase the force of supervision and law enforcement for labor safeguards, to truly protect the lawful rights and interests of workers.
General Office of the Ministry of Human Resources and Social Security
January 24, 2020
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人力资源社会保障部办公厅关于妥善处理新型冠状病毒感染的肺炎疫情防控期间劳动关系问题的通知
http://www.gov.cn/zhengce/zhengceku/2020-01/27/content_5472508.htm
人力资源社会保障部办公厅
关于妥善处理新型冠状病毒感染的肺炎
疫情防控期间劳动关系问题的通知
人社厅发明电[2020]5号
各省、自治区、直辖市及新疆生产建设兵团人力资源社会保障厅（局）：
为做好新型冠状病毒感染的肺炎疫情防控工作，妥善处理好疫情防控期间劳动关系问题，维护职工合法权益，保障企业正常生产经营秩序，促进劳动关系和谐稳定，现就有关问题通知如下：
一、对新型冠状病毒感染的肺炎患者、疑似病人、密切接触者在其隔离治疗期间或医学观察期间以及因政府实施隔离措施或采取其他紧急措施导致不能提供正常劳动的企业职工，企业应当支付职工在此期间的工作报酬，并不得依据劳动合同法第四十条、四十一条与职工解除劳动合同。在此期间，劳动合同到期的，分别顺延至职工医疗期期满、医学观察期期满、隔离期期满或者政府采取的紧急措施结束。
二、企业因受疫情影响导致生产经营困难的，可以通过与职工协商一致采取调整薪酬、轮岗轮休、缩短工时等方式稳定工作岗位，尽量不裁员或者少裁员。符合条件的企业，可按规定享受稳岗补贴。企业停工停产在一个工资支付周期内的，企业应按劳动合同规定的标准支付职工工资。超过一个工资支付周期的，若职工提供了正常劳动，企业支付给职工的工资不得低于当地最低工资标准。职工没有提供正常劳动的，企业应当发放生活费，生活费标准按各省、自治区、直辖市规定的办法执行。
三、因受疫情影响造成当事人不能在法定仲裁时效期间申请劳动人事争议仲裁的，仲裁时效中止。从中止时效的原因消除之日起，仲裁时效期间继续计算。因受疫情影响导致劳动人事争议仲裁机构难以按法定时限审理案件的，可相应顺延审理期限。
四、各地人力资源社会保障部门要加强对受疫情影响企业的劳动用工指导和服务，加大劳动保障监察执法力度，切实保障职工合法权益。
人力资源社会保障部办公厅
2020年1月24日
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