Legal basis:
Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations During the Prevention and Control of Pneumonia Infected by the New Coronavirus
1、 For patients with COVID-19, suspected patients and close contacts who cannot provide normal labor during their isolation treatment or medical observation period, as well as enterprise employees who cannot provide normal labor due to the implementation of isolation measures or other emergency measures by the government, the enterprise shall pay the employees for their work during this period, and shall not comply with Articles 40 and 41 of the Labor Contract Law
Terminate the labor contract with the employee. During this period, if the labor contract expires, it shall be extended to the expiration of the employee's medical treatment period, medical observation period, isolation period or emergency measures taken by the government.
2、 If an enterprise has difficulties in production and operation due to the impact of the epidemic, it can stabilize its work position by means of salary adjustment, job rotation and rest, shortening working hours, etc. through consultation with employees, and try not to lay off or reduce layoffs as much as possible. Eligible enterprises can enjoy post stabilization subsidies according to regulations. If the enterprise shuts down and stops production within a wage payment cycle, the enterprise shall pay the wages of employees according to the standards specified in the labor contract. If the wage payment period exceeds one, if the employee provides normal labor, the wage paid by the enterprise to the employee shall not be lower than the local minimum wage standard. If the staff and workers fail to provide normal labor, the enterprise shall pay living expenses, and the standard of living expenses shall be implemented in accordance with the provisions of the provinces, autonomous regions, and municipalities directly under the Central Government.
3、 If the parties cannot apply for arbitration of labor and personnel disputes within the statutory time limit for arbitration due to the impact of the epidemic situation, the time limit for arbitration shall be suspended. The limitation period for arbitration shall continue to count from the date when the reason for suspending the limitation period is eliminated. If it is difficult for the labor and personnel dispute arbitration institution to hear the case within the statutory time limit due to the impact of the epidemic, the time limit for hearing may be extended accordingly.
4、 Local human resources and social security departments should strengthen labor guidance and services for enterprises affected by the epidemic, strengthen labor security supervision and law enforcement, and effectively protect the legitimate rights and interests of employees.
