What if I was asked back to work during the extended holiday in China?

What if I was asked back to work during the extended holiday in China?

Yes, just reply in this way.

The general offices of the State Council and the Ministry of Human Resources and Social Security successively issued the Notice on Extending the Spring Festival Holiday in 2020 (Guo Ban Fa Dian [2020]No. 1) and Notice on the Proper Treatment of Labor Relations During the Prevention and Control of the Pneumonia Outbreak Caused by the New Coronavirus Infection (Hu she Ting Ming Dian [2020] No. 5).


And based on the national regulations, most cities have issued local orders, requiring all kinds of businesses to return to work no earlier than 24:00 on February 9, except for those involved in ensuring urban operation, epidemic prevention and control, people’s livelihood and other related enterprises involving important national economy and people’s livelihood.


The National Health Commission of the PRC issued announcement No. 1 on January 20, 2020 to classify pneumonia caused by infection of the novel coronavirus as a B-category infectious disease according to the Law on the Prevention and Control of Infectious Diseases and take preventive and control measures as A-category infectious diseases to effectively fight against it.


Based on the above orders, when the employer violates the municipal orders with regard of the time of returning to work, the employer will get the following legal liabilities or punishment.


1. Civil Labilities

Under Article 77 of the Law on the Prevention and Control of Infectious Diseases, when a businessor individual violates the provisions of this law, resulting in the spread and prevalence of infectious diseases and causing damage to the body and property of others, it shall bear civil liability.


2. Administrative Liabilities

Under Article 64 of the Emergency Response Law of the P.R.C., When failing to take preventive measures as required, results in inserious emergencies, the business shall be ordered to cease production and business, be suspended or revoked license or business license, and be imposed a fine of not less than 50000 yuan but not more than 200000 yuan by the local authority. When the violation of public security administration is constituted, the public security organ shall impose a penalty.


3. Criminal Liabilities

Under Article 330 of Criminal Law, whoever, in violation of the Law on Prevention and Control of Infectious Diseases, refuses to perform the preventive and control measures and thus causes the spread or a grave danger of the spread of A-category infectious disease shall be sentenced to fixed term imprisonment of not more than 3 years or criminal detention; when the consequences are especially serious, he shall be sentenced to fixed term imprisonment of not less than 3 years but more than 7 years.



If you are not in a special sector, when your boss asks you back to work during this extended holiday, you have every reason to refuse.

1. Record the conversation or take the video.

2. Call and report to the local Emergency Management Bureau.

3. Call your local government.

4. Call 110.

Anyway, take some actions to protect yourself and others.

If you have more questions about China labor/employment laws, welcome to contact me.