Notice by the General Office of the Ministry of Human Resources and Social Security of Issues Concerning Properly Handling Labor Relations during the Prevention and Control of the Outbreak of Novel Coronavirus Pneumonia

No. 5 [2020] of the General Office of the Ministry of Human Resources and Social Security

The human resources and social security departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps:

For purposes of effectively preventing and controlling the outbreak of novel coronavirus pneumonia(COVID-19) (hereinafter referred as to the “outbreak”), properly handling labor relations during the prevention and control of the outbreak, safeguarding the lawful rights and interests of employees, guaranteeing the normal order of production and trade of enterprises, and promoting harmonious and stable labor relations, you are hereby notified of the relevant issues as follows:

1. For employees who are patients or suspected patients infected with COVID-19 or their close contacts during the period of receiving treatment in isolation or the medical observation period and who are unable to normally provide work as a result of the quarantine measures or other emergency measures taken by the government, their employers shall pay remuneration to such employees during the periods and shall not terminate employment contracts with such employees in accordance with Articles 40 and 41 of the Employment Contract Law. If employment contracts expire during the periods, the employment contracts will automatically extend until the expiration of the medical treatment period, the medical observation period or the quarantine period or the end of emergency measures taken by the government.

Ⅱ. The enterprises who are experiencing difficulties in production and business operation caused by the effect of novel coronavirus pneumonia(COVID-19) can negotiate with the employees to adjust the salary, arrange holidays by turns or shorten work time to preserve job positions and do their best to reduce redundancies.

The qualified enterprises can enjoy stable post subsidy according to the relative regulations.

Within one salary payment cycle, the enterprises should pay employees’ wages according to the standards stipulated by the employment contracts even if the production is suspended.

But when the business suspension term lasts over one salary payment cycle, the enterprises should pay not lower than the local minimum wage standard if the employees worked as normal.

If the employees did not provide normal work, the enterprises should at least pay the living expenses stipulated by the provincial, autonomous region, or province-level municipality people’s government.

Ⅲ. Where for the prevention and control of the outbreak of novel coronavirus pneumonia, a party cannot apply for the labor arbitration during the statute of limitations for arbitration, the statute of limitations shall be suspended.

The statute of limitations shall resume from the date when the cause of suspension of the limitation is eliminated.

Where for the prevention and control of the outbreak of novel coronavirus pneumonia, an arbitration institution of labor and personnel disputes cannot hear a case within the legitimate time limitation, the limitation shall be extended.

Ⅳ. All local human resource and social security departments shall further improve the employment guidance and service to the enterprises affected by the virus, and strengthen the enforcement of labor inspection, in order to protect the legitimate rights and interests of employees.

The General Office of the Ministry of Human Resources and Social Security

January 24, 2020