Covid-19 and Labour Law in China

and Government Responses

Labor Laws Following COVID-19 Outbreak

An Emerging Employment

Model—Employee Sharing

Contract Law, Trade Union Law, Law on Mediation and Arbitration

of Labour Disputes, Social Security Law, Employment Promotion Law, Law on the Prevention & Control of Occupational Diseases, etc.
Interpretations of the Supreme People’s Court on Issues Relating to Labour;
Administrative regulations and rules issued by the State Coucil;
Administrative rules formulated by labour administrative departments;
Local administrative rules formulated local governments and local labour administrative departments. 

and Government Responses

Labor Laws Following COVID-19 Outbreak

An Emerging Employment

Model—Employee Sharing

outbreak timeline


Government’s measures to contain the virus


Impact of Covid-19 Containment

on the Economy

unemployment rate 6.2%.

2020

and Government Responses

Labor Laws Following COVID-19 Outbreak

An Emerging Employment

Model—Employee Sharing

Employers
III. Labor Laws Following COVID-19 Outbreak

Capacity
Economic, Technical, or Operational Needs of the Employer
New rules:
Department

of Human Resources and Social Security, Notice on Properly Handling Labor Relations during the Prevention and Control of Pneumonia Epidemic of New Coronavirus Infection, March 20, 2020.
Dismissal Restrictions on workers who cannot provide work because they
are coronavirus patients;
are suspected coronavirus patients;
or have close contact with coronavirus patients.
Extension of Expired Labor Contract under mandatory quarantine

Employers
III. Labor Laws Following COVID-19 Outbreak

on Extension of Spring Festival Holidays, General Office of the State Council, January 27, 2020
Jan.

24- Jan. 30 Chinese New Year Holiday
Jan. 31 – Feb. 2 Extended Period
Nature of the extension period
Public holidays?
Business shutdowns?
Law on the Prevention and Control of Infectious Diseases (2005), article 42.
Rest days

Prevention and Control of Infectious Diseases (2005), article 42
Nature

of this period
Rest days: Shanghai government
Normal work days: Jiangsu province

Diseases (2005), article 42
Workers should be paid during the quarantine

period.
New rules to protect workers who are affected by the coronavirus
Notice on the issues related to medical workers contracting coronavirus due to the performance of their duties, Ministry of Human Resources and Social Security, Department of Finance and National Health Commission, Jan. 23, 2020.
Employers should continue to pay workers who
are coronavirus patients;
are suspected coronavirus patients;
or have close contact with coronavirus patients.

Employers
III. Labor Laws Following COVID-19 Outbreak

the Impact of the Coronavirus Epidemic, The General Office of

the State Council, March 20, 2020
New Rules to Ensure Basic Living of Unemployed Workers
Extending the Time Limit for Claiming Unemployment Insurance
Measures for Application for and Payment of Unemployment Insurance (Department of Human Resources and Social Security, 2018), article 6.
Simplifying the Application Process
Covering More Workers and for a Longer Period of Time
Problems with these Measures

Employers
III. Labor Laws Following COVID-19 Outbreak

on Occupational Injury Insurance(2010), articles 14 and 15.
Get injured

during work time, in the workplace, and because of work;
or suffer from an occupational disease.
Can Workers Contract Coronavirus in the Workplace Get Coverage?
The Case of Medical Workers
Notice on the issues related to medical workers contracting coronavirus due to the performance of their duties,, Ministry of Human Resources and Social Security, Department of Finance and National Health Commission, Jan. 23, 2020.

Employers
III. Labor Laws Following COVID-19 Outbreak

2019, reducing social insurance contribution rate
New Policy:
Opinions on Strengthening

Employment Stabilization Measures in Response to the Impact of the Coronavirus Epidemic, The General Office of the State Council, March 20, 2020
Exempting employers from paying pension, unemployment, and occupational injury contributions for a certain period of time.
Medium, small, and micro-sized enterprises
Large enterprises

2019, Refund Employment Insurance Payments if No or Few Firings
New

Policy for Medium, Small and Micro-Sized Enterprises
Firing rate< 5.5%
No Firing

and Government Responses

Labor Laws Following COVID-19 Outbreak

An Emerging Employment

Model—Employee Sharing

sharing model

Labor law questions