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Corporate Service - China

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Q&A Regarding Promoting Employment and Improving Labour Relations Affected by COVID-19

Answer
Year 2020 is destined to be an extraordinary year. The COVID-19 has been shrouded for half a year in China. In order to promote employment and improve labour relations, now the relevant policies and measures are answered in the form of Q&A for clients’ reference.

Q:
How to deal with labour employment flexibly during epidemic prevention and control?
A:
1.
Encourage qualified enterprises to arrange employees to work at home through telephone, internet, and other flexible working methods to complete work tasks. For enterprises that do not have the conditions for remote office, they should give priority to the use of paid annual leave, enterprise self-designed welfare leave and other kinds of leave through consultation with employees;
2. Encourage flexible working hours. Negotiate with employees to arrange working time flexibly by means of stagger time and flexible working hours;
3. For those enterprises of returning to work that meet the requirements, they should provide necessary epidemic prevention and labour protection measures, and actively mobilize workers to return to their posts. If the persuasion is invalid or refuses to return to the post for other unreasonable reasons, the enterprise shall be guided to deal with it according to law.

Q:
How to pay the wages of the treated patients with the COVID-19 and the quarantined employees?
A:
For the COVID-19 infected patients, suspected patients and close contacts unable to provide normal workers during their quarantine treatment or medical observation period and because of the government’s quarantine measures or other emergency measures, the enterprise shall regard them as providing normal labour and pay salary according to the labour contract.

Q:
How to deal with the employee who does not come to work after the medical period has expired?
A:
If a labourer is ill or injured at work and is unable to take up his original job or another job arranged by the employing unit after the prescribed medical treatment period has expired, the employer may terminate the labour contract by notifying the labourer in writing 30 days in advance or paying the labourer an extra month’s wages, the employer shall pay economic compensation to the labourer when terminating the labour contract.

Q:
During the period of epidemic prevention and control, the parties or agents are unable to participate in the arbitration proceedings due to epidemic prevention and control and other reasons, can we apply for extension according to law?
A:
Yes.

Q:
What should be done if the party concerned is unable to apply for arbitration of labour and personnel disputes during the arbitration limitation period due to the epidemic situation?
A:
If the parties concerned are unable to apply for arbitration of labour and personnel disputes during the limitation period of arbitration due to the epidemic situation, the limitation of arbitration shall be suspended. The limitation period of arbitration shall continue to be calculated from the date when the cause for suspension of prescription is eliminated.

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