Can I Get Salary during the “Vacation” for Quarantine Measures in China?

Can I Get Salary during the “Vacation” for Quarantine Measures in China?
Can I Get Salary during the “Vacation” for Quarantine Measures in China?

US is organizing a single flight out of Wuhan, confirming efforts to extricate diplomats and some private US citizens.

For most foreign friends who stay in China, they may have been idle at home like most of Chinese. As coronavirus outbreak accelerates, this state may continue for a while.

We all worry “no work and no pay”, how do we survive without salary?

When I was preparing an article about force majeure to answer this question, our government set our mind at ease by issuing a rule, Notice on the Proper Treatment of Labor Relations During the Prevention and Control of the Pneumonia Outbreak Caused by the New Coronavirus Infection, which announced by the Ministry of Human Resources and Social Security of the PRC on 24 January 2020.

中国人力资源社会保障部于2020年1月24日公布了《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》。

The content is as follows:

1. For pneumonia patients, suspected patients, close contacts during their isolation treatments or during medical observation periods and for employees who are unable to fulfill their employment obligations as a result of the government’s quarantine measures or other emergency measures, affected employers shall pay employee’s remuneration for respective periods

Employers shall not, in accordance with Article 40 or Article 41 of the Labor Contract Law terminate respective labor contracts with said employees.

Meanwhile, if the labor contract expires during aforementioned periods, it shall be extended in line with the time of absence due to the medical period of the employee, the medical observation period or the period of isolation or the end of the emergency measures taken by the government.

主要内容如下:

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。

2. If an employer encounters productional and operational difficulties caused by the epidemic, it may stabilize the positions by means of adjusting remuneration, rotation, shortening working hours, etc. by consensus with the employees, so as not to lay off or lay fewer people off.

Eligible employers may enjoy a subsidy in accordance with the provisions. If an employer stops operation within one wage period, the employer shall pay the wages of its employees in accordance with the standards stipulated in the labor contract.

 If an employer stops operation more than one wage period, when the employee provides regular work, the wage paid by the employer shall not be lower than the local minimum wage.

If employees do not provide regular work, the employer shall pay the living expenses, and the living expenses standard shall be implemented in accordance with the methods prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

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。


3. If the party affected by epidemic is unable to apply for arbitration of labor disputes within the statutory time limit for arbitration, the time limit for arbitration shall be suspended.

The limitation period of arbitration shall continue to count from the date when the reason for suspension of limitation is eliminated.

If it is difficult for the labor dispute arbitration institution to hear the case within the legal time limit due to the impact of the epidemic, the time limit may be extended accordingly.

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。 

4. Local human resources and social security departments shall strengthen labor employment guidance and services for businesses affected by the epidemic, strengthen labor security supervision and law enforcement, and effectively protect the legitimate rights and interests of employees.

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。

If you have more questions about China labor law, China employment law, china labor contract, China employment contract, welcome to contact me.