State Council, MHRSS and provincial governments issue rules in response to new coronavirus | Practical Law

State Council, MHRSS and provincial governments issue rules in response to new coronavirus | Practical Law

The State Council has issued a notice extending China's official Spring Festival holiday through 2 February 2020 and the Ministry of Human Resources and Social Security (MHRSS) and various local governments have issued related employment rules.

State Council, MHRSS and provincial governments issue rules in response to new coronavirus

Published on 31 Jan 2020China
The State Council has issued a notice extending China's official Spring Festival holiday through 2 February 2020 and the Ministry of Human Resources and Social Security (MHRSS) and various local governments have issued related employment rules.
On 26 January 2020, the General Office of the State Council issued the Notice on Extending the 2020 Spring Festival Holiday.
The notice extends China's official Spring Festival holidays through 2 February 2020, two days beyond its scheduled conclusion on 30 January 2020, and indefinitely postpones the start of the new school term for tertiary institutions, primary and secondary schools and kindergartens. Employers generally are required to treat the extra two days as paid leave, and employees who are required to work are entitled to compensatory leave.
On 24 January 2020, the MHRSS issued the Notice on Properly Handling Labour Relations During the Prevention and Control of the Epidemic Due to the New Coronavirus, which among other provisions prohibits employers from terminating employees infected with the virus, suspected of being infected or isolated for precautionary purposes. The notice also contains provisions designed to ease the economic stress caused by disruptions due to the virus and tolls the statute of limitations on labour arbitrations.
In addition, various provincial level people's governments, including Shanghai, Guangdong, Beijing, Tianjin, Chongqing, Zhejiang, Jiangsu, Anhui, Sichuan, Shandong, Jilin and many others, as well as certain municipalities within these regions, have issued separate rules that apply only within their respective jurisdictions.
Many of these local rules (such as in Beijing, Shanghai, Zhejiang, Guangdong, Chongqing, Anhui, Shandong and so on) require companies to remain closed until 9 February 2020, except public utilities, companies engaged in the prevention and control of the virus, such as medical care facilities and medical equipment and pharmaceutical companies, and companies providing daily necessities such as logistics providers, supermarkets and housekeeping services. In appropriate circumstances, employees may be required to work from home, subject to the permission of local rules. Employees who are required to work may be entitled to overtime pay or compensatory leave according to the local rules (which may differ from one to another). For expanded coverage, see Article, Coronavirus outbreak: what companies in China should do with employees' holidays?.
The situation is evolving rapidly, and employers are advised to closely follow ongoing developments and regularly contact the relevant department in charge of human resources and social security to ensure full compliance.