Five legal issues on extending spring festival holiday

Recently, in order to deal with the outbreak of a new type of pneumonia in parts area of China, the Chinese governments at all levels to take special measures. On January 27, the state council decided to "extend the 2020 Spring Festival holiday to February 2 (Sunday, the ninth day of the first lunar month)". On the same day, Shanghai municipal government further decided that "all kinds of enterprises in this city shall resume their work no earlier than 24 o 'clock on February 9 (Sunday, the 16th day of the first lunar month)". The above decision of the government involves the follow-up work arrangement of the enterprise. A&Z sorted out the relevant legal issues and replied as follows, for the reference of the enterprise decision-making:

1. Is the government holiday arrangement mandatory?

[A&Z]:Yes. According to the law on the prevention and control of infectious diseases, the first-level response to public health emergencies has been launched in many places, which is the highest-level response. The local people's government can take measures to restrict or stop fairs, gatherings, theatrical performances, and other crowd gathering activities in its own administrative area; stop work, business and classes. The purpose of these holidays is to reduce crowd gathering, which is mandatory.

2. What is the national or local measures priority?

[A&Z]:Local measures first. Shanghai municipal government has launched the first-level response mechanism to public health emergencies since January 24, allowing it to make decisions on its own response measures.

3. The nature of extended holidays?

[A&Z]:The government notice has not stipulated the nature of extended holidays clearly. In the extended holidays, if they are the rest days (Saturday, Sunday), we think they shall be processed as the rest days. If they are working days, we intend to think they are a kind of "special leave".

4. Can we arrange the staff work at home?

[A&Z]:The purpose of the government's decision is to prevent crowds from gathering. Arranging staff work at home will not constitute a problem. If they are working days, the enterprise can arrange the staff work at home. Regarding the payment of wages, if the government updates the detailed provisions in the future, it shall be dealt with according to the updated provisions.

5. Can the staff be required to be present due to special circumstances?

[A&Z]:According to the Shanghai municipal government’s notice, "Except the industries involving the city operation (water supply, gas supply, power supply, telecommunications and other industries), epidemic prevention and control (medical equipment, medicine, protection products production and sales, etc.), the masses life necessary (supermarket stores, food production and supply industry, etc.) and other related businesses involve important national economy and people's livelihood." Therefore, for this kind of enterprise, can require the staff to be present.

2020.1.27

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A&Z’s Environment, Health, and Safety (EHS) team is comprised of distinctive and professional senior lawyers with long-term experience in government and in EHS positions of large manufacturing companies.

The team is devoted to providing high-quality legal services related to EHS, among which are: assisting companies in the formulation of effective internal risk control systems, preventing potential legal risks, and providing legaladvice. In addition, our attorneys are experienced in coping with emergency situations such as environmental pollution accidents, work safety accidents, and handling disputes.

Rather than waiting for an EHS accident to occur and then playing the role of “firefighter,” A&Z’s recommended approach is to be involved at the very beginning of EHS incidents, efficiently identifying the problem, and providing practical solutions.

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