Promulgation Date: 2020-1-24 Title: Notice from the Ministry of Human Resources and Social Security on Improving the Handling of Issues in Labor Relationships During the Period for Protection and Control of Pneumonia from the Novel Coronavirus Infection Document Number:人社厅发明电5号 Expiration date: Promulgating Entities: General Office of the Ministry of Human Resources and Social Security Source of text: Public Account of the Ministry of Human Resources and Social Security
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:
I. 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.
II. 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.
III. 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.
IV. 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