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.
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.
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.
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.
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.
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