Source: Beijing Lawyers Association Reprinted from: Labor Law Library Special reminder: All works marked "source" or "reprinted from" in this account are reprinted from the media, and the copyright belongs to the original author and the original source. The shared content is the

Source: Beijing Lawyers Association Reprinted from: Labor Law Library Special reminder: All works marked "source" or "reprinted from" in this account are reprinted from the media, and the copyright belongs to the original author and the original source. The shared content is the author's personal opinion and is for readers' learning reference only and does not represent the views of this account. If you have any objections, please contact us to delete it.

Legal Q&A

Foreword

On the eve of the Spring Festival, with the continuous spread and development of the pneumonia epidemic caused by the novel coronavirus, a "epidemic prevention and control sniper war" was launched nationwide.

On January 23, 2020, the Ministry of Human Resources and Social Security, the Ministry of Finance, and the National Health Commission issued the "Notice on Protection Issues on Medical and Related Staff Infected with the New Coronavirus Pneumonia due to the Performance of Work Duties".

On January 23, 2020, the Beijing Municipal Human Resources and Social Security Bureau issued the "Notice on Doing a Good Job in Maintaining Stability of Labor Relations During the Epidemic Prevention and Control Period".

On January 24, 2020, the General Office of the Ministry of Human Resources and Social Security issued the "Notice on Properly Handling Labor Relations Issues During the Prevention and Control of the New Coronavirus Pneumonia Epidemic".

On January 31, 2020, the Beijing Municipal People's Government issued the "Notice on Flexible Arrangement of Work in the City during the Prevention and Control of Pneumonia caused by the New Coronavirus Infection with "; on the same day, the Beijing Municipal Human Resources and Social Security Bureau issued the "Notice on Further Improving the Related Work in the City during the Prevention and Control of the Epidemic".

Correspondingly, localities have successively issued relevant documents such as notices on properly handling labor relations during the epidemic prevention and control period.

In order to do a good job in preventing and controlling the pneumonia caused by the novel coronavirus, the Ministry of Human Resources and Social Security and the Beijing Municipal Government have successively issued a series of normative documents to provide strong policy guarantees for epidemic prevention and control, and provide important guidance on the proper handling of labor relations during the epidemic prevention and control period, aiming to properly handle labor relations issues during the epidemic prevention and control period, safeguard the legitimate rights and interests of employees, ensure the normal production and operation order of employers, and promote harmonious and stable labor relations.

The stability of labor relations is the basis of social stability, concerns people's livelihood, and affects thousands of families. At the same time, employers, as business entities, are an important force in social development. In this special period, we have written and organized common questions related to labor employment compliance and labor relations, and displayed them in the form of questions and answers, in order to provide reference and guidance to employers and employees, hoping to be helpful to employers and workers.

This question and answer is based on the actual situation in Beijing and combined with the relevant labor employment policies and labor employment characteristics in Beijing. Labor employment laws and policies are highly regional, and policies vary from place to place. If the relevant regulations, understanding, understanding or relevant practices in other regions are inconsistent with the content of this answer, they shall be implemented in accordance with local regulations.

It should be noted that at present, the epidemic is still developing and changing, and relevant laws, regulations, policies and related documents are also being updated and improved. This question and answer is only a legal analysis opinion put forward by the Labor and Social Security Law Professional Committee of the Beijing Lawyers Association based on its limited professional knowledge and professional experience, mainly referring to relevant regulations and relevant judicial practices in Beijing, combined with its understanding of relevant laws and policies. If subsequent relevant laws, regulations and policy documents change or are inconsistent with the content of this answer, the latest provisions and the latest interpretations of relevant legislative, judicial and administrative departments shall prevail.

Given the hasty time and limited levels, it is inevitable that there will be omissions. If there are any inappropriate or omissions, please understand and acknowledge it.

Part 1 Labor Contract, Performance and Change

1. The employer has issued an employment notice to the applicant. Can the employment be cancelled on the grounds of epidemic prevention and control?

Answer: cannot.

Lawyer Analysis: The employer issues an employment notice to the applicant, which is his unilateral legal act and is binding on the employer.From the perspective of integrity and the credibility of the employer, we do not recommend that the employer cancel the recruitment on this ground. On the one hand, it violates the principle of integrity. On the other hand, if the recruitment is cancelled on the basis of epidemic prevention and control, it may bear the liability for compensation for contractual negligence. To this end, we suggest that employers can solve the problem by negotiating with applicants to change their entry dates.

2. Can employers refuse to hire people who have been cured with novel coronavirus pneumonia?

Answer: cannot.

Lawyer Analysis: Article 30 of the Employment Promotion Law stipulates that employers shall not refuse to hire on the grounds that they are carriers of infectious diseases; Article 62 stipulates that if they violate the provisions of this Law and commit employment discrimination, workers may file a lawsuit with the people's court. Article 16 of the "HTM7 Infectious Disease Prevention and Control Law" stipulates that no unit or individual may discriminate against infectious disease patients, pathogen carriers or suspected infectious disease patients.

Therefore, if you are cured after suffering from the novel coronavirus pneumonia, the employer shall not refuse to hire him on the grounds that he had suffered from the above-mentioned infectious disease, and shall not commit any employment discrimination.

3. Is the working scope of patients with novel coronavirus pneumonia or suspected patients restricted?

Answer: is restricted.

Lawyer Analysis: Article 16 of the Law on Prevention and Control of Infectious Diseases stipulates that patients with infectious diseases, carriers of pathogens and patients with suspected infectious diseases shall not engage in work that is prohibited from engaging in laws, administrative regulations and health administrative departments of the State Council that may easily cause the infectious disease to spread before being cured or before excluding the suspected infectious disease.

Since pneumonia infected with the new coronavirus is highly contagious, patients with novel coronavirus pneumonia and suspected patients should undergo isolation treatment or observation before curing or excluding the diagnosis of pneumonia infected with the new coronavirus and should not engage in any work.

4. During the period when the work has not resumed, does the employer need to handle labor contract renewal matters?

Answer: requires.

Lawyer Analysis: During the period when has not resumed work, the employer needs to properly handle the renewal of the labor contract. Regarding the renewal of a labor contract, the employer can confirm with the employee through email or other electronic data. If renewal is made, the written labor contract will be signed later.

5. Local government policies vary in their regulations on resumption of work. How should employers employed in many places operate?

Answer: In principle, shall prevail the relevant provisions of the place of performance of the labor contract, unless the standard of the place of registration of the employer is higher than the standard of the place of performance of the labor contract, and the employer and the employee agree to implement it in accordance with the relevant provisions of the place of registration of the employer.

Lawyer Analysis: Article 14 of the "Regulations on the Implementation of the Labor Contract Law" stipulates that if the place of performance of a labor contract is inconsistent with the place of registration of the employer, matters related to the minimum wage standard, labor protection, labor conditions, occupational hazard protection and the monthly average wage standard of employees in the previous year shall be implemented in accordance with the relevant provisions of the place of performance of the labor contract; if the relevant standards of the place of registration of the employer are higher than the relevant standards of the place of performance of the labor contract, and the employer and the employee agree to implement it in accordance with the relevant provisions of the place of registration of the employer, the agreement shall be followed.

Therefore, employers should strictly abide by local policy arrangements to resume work, put the overall situation first, and shall not forcefully resume work in violation of government regulations. Unless the standard of the employer's registered place is higher than the standard of the place where the labor contract is performed, and the employer and the employee agree to implement it in accordance with the relevant provisions of the employer's registered place. Otherwise, on the one hand, it will not be easy to obtain employee understanding and support. On the other hand, if an employee is infected, the employer and his person in charge will face the risk of bearing legal liability.

Source: Beijing Lawyers Association Reprinted from: Labor Law Library Special reminder: All works marked "source" or "reprinted from" in this account are reprinted from the media, and the copyright belongs to the original author and the original source. The shared content is the author's personal opinion and is for readers' learning reference only and does not represent the views of this account. If you have any objections, please contact us to delete it.

Legal Q&A

Foreword

On the eve of the Spring Festival, with the continuous spread and development of the pneumonia epidemic caused by the novel coronavirus, a "epidemic prevention and control sniper war" was launched nationwide.

On January 23, 2020, the Ministry of Human Resources and Social Security, the Ministry of Finance, and the National Health Commission issued the "Notice on Protection Issues on Medical and Related Staff Infected with the New Coronavirus Pneumonia due to the Performance of Work Duties".

On January 23, 2020, the Beijing Municipal Human Resources and Social Security Bureau issued the "Notice on Doing a Good Job in Maintaining Stability of Labor Relations During the Epidemic Prevention and Control Period".

On January 24, 2020, the General Office of the Ministry of Human Resources and Social Security issued the "Notice on Properly Handling Labor Relations Issues During the Prevention and Control of the New Coronavirus Pneumonia Epidemic".

On January 31, 2020, the Beijing Municipal People's Government issued the "Notice on Flexible Arrangement of Work in the City during the Prevention and Control of Pneumonia caused by the New Coronavirus Infection with "; on the same day, the Beijing Municipal Human Resources and Social Security Bureau issued the "Notice on Further Improving the Related Work in the City during the Prevention and Control of the Epidemic".

Correspondingly, localities have successively issued relevant documents such as notices on properly handling labor relations during the epidemic prevention and control period.

In order to do a good job in preventing and controlling the pneumonia caused by the novel coronavirus, the Ministry of Human Resources and Social Security and the Beijing Municipal Government have successively issued a series of normative documents to provide strong policy guarantees for epidemic prevention and control, and provide important guidance on the proper handling of labor relations during the epidemic prevention and control period, aiming to properly handle labor relations issues during the epidemic prevention and control period, safeguard the legitimate rights and interests of employees, ensure the normal production and operation order of employers, and promote harmonious and stable labor relations.

The stability of labor relations is the basis of social stability, concerns people's livelihood, and affects thousands of families. At the same time, employers, as business entities, are an important force in social development. In this special period, we have written and organized common questions related to labor employment compliance and labor relations, and displayed them in the form of questions and answers, in order to provide reference and guidance to employers and employees, hoping to be helpful to employers and workers.

This question and answer is based on the actual situation in Beijing and combined with the relevant labor employment policies and labor employment characteristics in Beijing. Labor employment laws and policies are highly regional, and policies vary from place to place. If the relevant regulations, understanding, understanding or relevant practices in other regions are inconsistent with the content of this answer, they shall be implemented in accordance with local regulations.

It should be noted that at present, the epidemic is still developing and changing, and relevant laws, regulations, policies and related documents are also being updated and improved. This question and answer is only a legal analysis opinion put forward by the Labor and Social Security Law Professional Committee of the Beijing Lawyers Association based on its limited professional knowledge and professional experience, mainly referring to relevant regulations and relevant judicial practices in Beijing, combined with its understanding of relevant laws and policies. If subsequent relevant laws, regulations and policy documents change or are inconsistent with the content of this answer, the latest provisions and the latest interpretations of relevant legislative, judicial and administrative departments shall prevail.

Given the hasty time and limited levels, it is inevitable that there will be omissions. If there are any inappropriate or omissions, please understand and acknowledge it.

Part 1 Labor Contract, Performance and Change

1. The employer has issued an employment notice to the applicant. Can the employment be cancelled on the grounds of epidemic prevention and control?

Answer: cannot.

Lawyer Analysis: The employer issues an employment notice to the applicant, which is his unilateral legal act and is binding on the employer.From the perspective of integrity and the credibility of the employer, we do not recommend that the employer cancel the recruitment on this ground. On the one hand, it violates the principle of integrity. On the other hand, if the recruitment is cancelled on the basis of epidemic prevention and control, it may bear the liability for compensation for contractual negligence. To this end, we suggest that employers can solve the problem by negotiating with applicants to change their entry dates.

2. Can employers refuse to hire people who have been cured with novel coronavirus pneumonia?

Answer: cannot.

Lawyer Analysis: Article 30 of the Employment Promotion Law stipulates that employers shall not refuse to hire on the grounds that they are carriers of infectious diseases; Article 62 stipulates that if they violate the provisions of this Law and commit employment discrimination, workers may file a lawsuit with the people's court. Article 16 of the "HTM7 Infectious Disease Prevention and Control Law" stipulates that no unit or individual may discriminate against infectious disease patients, pathogen carriers or suspected infectious disease patients.

Therefore, if you are cured after suffering from the novel coronavirus pneumonia, the employer shall not refuse to hire him on the grounds that he had suffered from the above-mentioned infectious disease, and shall not commit any employment discrimination.

3. Is the working scope of patients with novel coronavirus pneumonia or suspected patients restricted?

Answer: is restricted.

Lawyer Analysis: Article 16 of the Law on Prevention and Control of Infectious Diseases stipulates that patients with infectious diseases, carriers of pathogens and patients with suspected infectious diseases shall not engage in work that is prohibited from engaging in laws, administrative regulations and health administrative departments of the State Council that may easily cause the infectious disease to spread before being cured or before excluding the suspected infectious disease.

Since pneumonia infected with the new coronavirus is highly contagious, patients with novel coronavirus pneumonia and suspected patients should undergo isolation treatment or observation before curing or excluding the diagnosis of pneumonia infected with the new coronavirus and should not engage in any work.

4. During the period when the work has not resumed, does the employer need to handle labor contract renewal matters?

Answer: requires.

Lawyer Analysis: During the period when has not resumed work, the employer needs to properly handle the renewal of the labor contract. Regarding the renewal of a labor contract, the employer can confirm with the employee through email or other electronic data. If renewal is made, the written labor contract will be signed later.

5. Local government policies vary in their regulations on resumption of work. How should employers employed in many places operate?

Answer: In principle, shall prevail the relevant provisions of the place of performance of the labor contract, unless the standard of the place of registration of the employer is higher than the standard of the place of performance of the labor contract, and the employer and the employee agree to implement it in accordance with the relevant provisions of the place of registration of the employer.

Lawyer Analysis: Article 14 of the "Regulations on the Implementation of the Labor Contract Law" stipulates that if the place of performance of a labor contract is inconsistent with the place of registration of the employer, matters related to the minimum wage standard, labor protection, labor conditions, occupational hazard protection and the monthly average wage standard of employees in the previous year shall be implemented in accordance with the relevant provisions of the place of performance of the labor contract; if the relevant standards of the place of registration of the employer are higher than the relevant standards of the place of performance of the labor contract, and the employer and the employee agree to implement it in accordance with the relevant provisions of the place of registration of the employer, the agreement shall be followed.

Therefore, employers should strictly abide by local policy arrangements to resume work, put the overall situation first, and shall not forcefully resume work in violation of government regulations. Unless the standard of the employer's registered place is higher than the standard of the place where the labor contract is performed, and the employer and the employee agree to implement it in accordance with the relevant provisions of the employer's registered place. Otherwise, on the one hand, it will not be easy to obtain employee understanding and support. On the other hand, if an employee is infected, the employer and his person in charge will face the risk of bearing legal liability.

As for Beijing, according to the "Notice on Flexible Arrangement of Work in the City during the Prevention and Control of the New Coronavirus Pneumonia Epidemic" issued by the Beijing Municipal People's Government on January 31, 2020, before 24:00 on February 9, 2020, the city's administrative area must be prevented from epidemic prevention and control (industry production, transportation, sales, etc. of medicines, protective supplies, and medical devices), the city's administrative area must be equipped with urban operation (water supply, power supply, oil and gas, communications, municipal, public transportation and other industries), the people's life must be necessary (supermarkets, food production and supply, logistics and distribution, property, etc.), key project construction and construction, and other related enterprises involving important national economy and people's livelihood shall arrange employees to work in the unit normally.

For employees who have been to work normally before 24:00 on February 9, 2020 due to work needs, all enterprises should strengthen temperature testing and health protection for them, report relevant information in a timely manner, and ensure that all protection work is covered.

Before 24:00 on February 9, 2020, if other enterprises meet the conditions, they shall arrange employees to work at home through flexible means such as telephone and network; enterprises that do not meet the conditions to arrange employees to work at home should adopt erratic and flexible methods to calculate working hours in a flexible manner, and shall not cause personnel gathering or concentration.

6. How should workers arrange the period when they are unable to re-work on time due to the epidemic or the employer decides to postpone the resumption of work?

Answer: recommends that employers fully negotiate with employees and reach an agreement: (1) Legal/benefit annual leave/reverse leave: priority is given to employees taking legal annual leave. If the employer has annual welfare annual leave or employees have reverse leave, they can arrange annual welfare annual leave or reverse leave. (2) Post-office: If employees have not resumed work for a long time, the company may arrange for employees to be post-office after reaching consensus with the employees.

Lawyer Analysis: According to the "Notice on Issues Related to Maintaining Stability of Labor Relations During the Epidemic Prevention and Control Period" of the Beijing Municipal Human Resources and Social Security Bureau, for employees who have not returned to Beijing in time due to the epidemic, enterprises can give priority to arranging employees' annual leave. Among them, if the employee has been working for a total of less than 10 years, he will have 5 days of annual leave; if he has been working for a total of less than 20 years, he will have 10 days of annual leave; if he has been working for a total of 20 years, he will have 15 days of annual leave. Employees enjoy the same salary income during annual leave as during normal work. If employees have not resumed work for a long time, the enterprise may arrange for employees to wait for work after reaching consensus with the employees. During the period of waiting, enterprises shall pay basic living expenses at no less than 70% of the city’s minimum wage standard. The wages and benefits of the business travelers who perform work tasks during the period of failure to return to Beijing in time due to the epidemic shall be paid by their affiliated enterprises according to their normal working period.

7. What should employers deal with Hubei workers who have recently had a history of working or traveling in Hubei?

Answer: recommends that employers take different response measures according to their employees’ different situations.

Lawyer Analysis:

(1) If an employee still needs to follow the doctor's advice to take a leave after being diagnosed and cured, the employer may notify the worker to enter the medical period according to law.

(2) If an employee is suspected of pneumonia caused by the novel coronavirus, according to Article 31 of the Infectious Disease Prevention and Control Law, any unit or individual who discovers infectious disease patients or suspected infectious disease patients shall promptly report to nearby disease prevention and control institutions or medical institutions. Therefore, the employer should immediately report the suspected cases found to the health department of the district.

(3) If the employee is not diagnosed or suspected, it is recommended that the employer arranges 14 days of self-isolation and observation.

8. Can employers require workers to undergo quarantine measures based on safety considerations?

Answer : No.

Lawyer Analysis: Article 41 of the "Law on the Prevention and Control of Infectious Diseases" stipulates that for places where Class A infectious disease cases have occurred or in specific areas within the place, the local people's government at or above the county level in the place may implement isolation measures and report to the higher-level people's government at the same time; the higher-level people's government that receives the report shall immediately make a decision on whether to approve it. If the superior people's government makes a decision not to approve the quarantine measures, the people's government that implements the quarantine measures shall immediately lift the quarantine measures.Therefore, the isolation measures shall be implemented by the local people's government at or above the county level and reported to the people's government at the next level for approval. In other words, employers have no right to take measures to isolate employees.

9. For people returning to Beijing from other places, can employers force workers to isolate them?

Answer: recommends that employers determine according to the situation.

Lawyer analysis: Beijing Center for Disease Control and Prevention issued a "Letter from the Beijing Center for Disease Control and Prevention to the General Citizens", suggesting that people returning to Beijing from other places should be quarantined for 14 days. The specific 14-day quarantine for all personnel shall be determined by the employer according to the situation, but for those returning to work from the epidemic area, 14-day quarantine should be arranged, and workers shall be required to comply with the requirements of the Beijing Center for Disease Control and Prevention to quarantine at home for 14 days.

10. Workers are unable to return to work on time due to objective reasons such as prevention and control measures. Can they be treated as absenteeism?

Answer: cannot be treated as absenteeism.

Lawyer Analysis: According to the "Notice on Issues Related to Maintaining Stability of Labor Relations During the Epidemic Prevention and Control Period" of the Beijing Municipal Human Resources and Social Security Bureau, after suspected patients and close contacts are excluded from being patients or carriers of pathogens after isolation and medical observation, the salary and benefits during isolation and medical observation shall be paid by the affiliated enterprise according to the wages during normal working period. That is, it should be treated as normal attendance according to different circumstances. For employees who have not returned to Beijing to resume work in time due to the epidemic, enterprises can give priority to arranging employees' annual leave. Except for employees who fail to resume work as scheduled due to personal subjective reasons, absenteeism cannot be treated as a result of work.

11. During the epidemic prevention period, should employers bear safety obligations?

Answer : Should bear it.

Lawyer Analysis: Article 22 of the "Emergency Response Law" stipulates that all units shall establish and improve safety management systems, regularly check the implementation of various safety precautions of the unit, and promptly eliminate potential accidents; grasp and promptly deal with problems that may cause social security incidents in the unit, and prevent conflicts from intensifying and expanding; for possible emergencies in the unit and the situation of taking safety precautions, they shall promptly report to the local people's government or relevant departments of the people's government in accordance with regulations.

12. Can the employer require workers to disclose personal information such as infection, suspected novel coronavirus pneumonia, as well as vacation locations, return routes, etc.?

Answer: is OK, and workers should report relevant information to the employer.

Lawyer Analysis: Article 8 of " Labor Contract Law " stipulates that employers have the right to understand the basic situation directly related to the labor contract, and the worker should explain it truthfully. Although this type of information belongs to the establishment of a labor contract, it is directly related to the performance of the labor contract and the employer has the right to understand it.

According to relevant government requirements, employers can collect information related to epidemic prevention and control from employees in accordance with the law, including but not limited to address, trajectory, health information, etc. Employers shall not collect information that is not related to epidemic prevention and control, and the collection, processing or disclosure shall comply with the relevant legal provisions on the protection of personal information.

Part 2 Termination or termination of labor contract

13. Can an employer terminate the labor contract with a worker suspected of suffering from novel coronavirus pneumonia?

Answer: employers shall not terminate their labor contracts on this ground.

Lawyer Analysis: The termination of a labor contract between an employer and a worker depends on whether the reason for termination complies with the law and cannot be done at will.

According to the "Notice on Further Improving the Related Work of Human Resources and Social Security in the City during the Epidemic Prevention and Control Period" issued by the Beijing Municipal Human Resources and Social Security Bureau on January 31, 2020, for patients with pneumonia infected with the new coronavirus, suspected patients, and close contacts who are unable to provide normal labor during their isolation treatment or medical observation period, and employees who are unable to provide normal labor due to the government's implementation of isolation measures or other emergency measures, the enterprise shall be deemed to provide normal labor and pay their wages, and shall not terminate the labor relationship.

14. After the medical period of a worker suffering from novel coronavirus pneumonia expires, can the employer terminate the labor contract?

Answer: Unless the employer and the employee agree on an agreement or the employee encounters the circumstances stipulated in Article 39 of the Labor Contract Law, the employer shall not terminate the labor contract.

Lawyer Analysis: According to the "Notice on Properly Handling Labor Relations Issues During the Prevention and Control Period of the New Coronavirus Pneumonia Epidemic" (District of the Department of Human Resources and Social Security (Division of Human Resources and Social Security (Division of Human Resources and Social Security)" (Division of the Department of Human Resources and Social Security (Division of the New Coronavirus Pneumonia No. 5), for patients with pneumonia infected with the new coronavirus, employers shall not terminate labor contracts with employees in accordance with Articles 40 and 41 of the Labor Contract Law.

According to the "Notice on Further Improving the Related Work of Human Resources and Social Security in the City during the Epidemic Prevention and Control Period" issued by the Beijing Municipal Human Resources and Social Security Bureau on January 31, 2020, enterprises shall not terminate labor relations for patients with pneumonia infected with the new coronavirus. Therefore, even if the medical period of a worker suffering from novel coronavirus pneumonia expires, if he still has not recovered and is still under the treatment period, he shall not terminate his labor contract with him.

15. Can the employer terminate the labor contract with a worker who is suspected of being infected with the novel coronavirus pneumonia and refuses to cooperate with quarantine and treatment?

Answer: If the employee refuses to cooperate with quarantine or treatment, the circumstances constitute a crime and is held criminally responsible in accordance with the law, the labor contract may be terminated with him in accordance with the provisions of Article 39, Paragraph 6 of the Labor Contract Law; if the employee's behavior is relatively minor and has not yet constituted a crime, if he does not obey management, he will not cooperate when the relevant institution takes medical measures, or hinders the emergency handling staff from performing their duties. His behavior seriously violates the rules and regulations of the employer, and the employer may terminate the labor contract with him in accordance with the law.

Lawyer Analysis: Cooperating with quarantine and treatment is the obligation of every citizen. According to Article 1 of the "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstructing Prevention and Control of Infectious Diseases and Other Disasters", if a suspected employee refuses to undergo quarantine, compulsory isolation or treatment, and negligence causes the spread of infectious diseases, the circumstances are serious and endangers public safety, it constitutes a crime. If an employee commits such behavior, the employer may report it to the health department or the police station.

16. Can an employer terminate the labor contract on the grounds that the worker deliberately spreads the infectious disease virus?

Answer: If a worker deliberately spreads an infectious disease virus and commits a crime and is held criminally responsible according to law, he may terminate the labor contract in accordance with Article 39, Paragraph 6 of the Labor Contract Law.

Lawyer Analysis: "Interpretation of the Supreme People's Court and The Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases that Obstruct Prevention and Control of Emergency Infectious Disease Epidemics" (Fashi [2003] No. 8)) stipulates that if the intentional spread of pathogens of emergencies and endanger public safety, the crime of endangering public safety shall be convicted and punished in accordance with the provisions of Articles 114 and 1 paragraph of Article 115 of the Criminal Law, and the crime of endangering public safety by dangerous means.

17. Workers have applied for resignation before the Spring Festival in 2020. If the resignation procedures are not processed due to the extended holiday of epidemic prevention and control, will the resignation be effective?

Answer: should be valid.

Lawyer Analysis: Article 37 of the Labor Contract Law stipulates that if a worker notifies the employer in writing thirty days in advance, he or she may terminate the labor contract.The notice of the employee's termination of the labor contract will be effective when it reaches the employer. Therefore, when an employee applies for resignation in accordance with his true wishes, the failure to complete the resignation procedures due to the extension of the holiday due to the epidemic prevention and control will not affect the legal effect of his resignation.

18. If a worker's labor contract expires during the quarantine period due to epidemic prevention and control, can the employer terminate the labor contract?

Answer: cannot be terminated, and the term of the labor contract shall be extended in accordance with the regulations.

Lawyer Analysis: According to the provisions of the "Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of Pneumonia of the New Coronavirus Infection", if a labor contract expires during the period of isolation treatment of workers due to infection, suspected infection or close contact with the new coronavirus, during the period of isolation treatment or medical observation, during the government's implementation of isolation measures or other emergency measures, the labor contract shall be postponed to the expiration of the medical observation period, the expiration of the quarantine period or the end of the emergency measures taken by the government respectively.

According to the "Notice on Further Improving the Related Work of Human Resources and Social Security in the City during the Epidemic Prevention and Control Period" issued by the Beijing Municipal Human Resources and Social Security Bureau on January 31, 2020, for patients with pneumonia infected with the new coronavirus, suspected patients, and close contacts who are unable to provide normal labor during their isolation treatment or medical observation period, as well as employees who are unable to provide normal labor due to the government's implementation of isolation measures or other emergency measures, during this period, if the labor contract expires, it shall be postponed to the end of the employee's medical period, the medical observation period, the isolation period, or the end of the emergency measures taken by the government.

19. Can employers lay off employees due to epidemic reasons?

Answer: We do not recommend that employers make economic layoffs in this case.

Lawyer Analysis: According to the Labor Contract Law, if an employer needs to lay off more than 20 people or less than 20 people but accounts for more than 10% of the total number of employees in the enterprise, the employer explains the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the staff reduction plan can be cut after reporting to the labor administrative department. Under the current circumstances, even if the employer has serious difficulties in production and operation due to the epidemic, we still do not recommend that the employer conduct economic layoffs.

According to the "Notice on Properly Handling Labor Relations Issues During the Prevention and Control Period of the New Coronavirus Pneumonia Epidemic", if enterprises have difficulties in production and operation due to the impact of the epidemic, they can stabilize their jobs by consulting with employees by adjusting salaries, rotating jobs, shortening working hours, etc., and try not to lay off or lay off fewer employees. Enterprises that meet the conditions can enjoy job stability subsidies according to regulations.

According to the "Notice on Further Improving the Related Work of Human Resources and Social Security in the City during the Epidemic Prevention and Control Period" issued by the Beijing Municipal Human Resources and Social Security Bureau on January 31, 2020, if employers have difficulties in production and operation due to the impact of the epidemic, they can stabilize their jobs by consulting with employees by adjusting salaries, rotating jobs, shortening working hours, and waiting for work, and try not to lay off employees or lay off fewer jobs.

Chapter 3 Salary

20. The state extends the 2020 Spring Festival holiday and extends the holiday. Should employers who arrange workers to go to work in the past few days should pay overtime wages?

Answer: should be paid.

Lawyer Analysis: January 26, 2020, General Office of the State Council "Notice on Extending the 2020 Spring Festival Holiday", extending the 2020 Spring Festival Holiday to February 2, 2020. The legal basis for this extended holiday is the provisions of Article 8 of the Emergency Response Law, which is a prevention and control measure taken to respond to the epidemic and employers shall abide by it. The extended holiday period should be a rest day. According to Article 44 of the Labor Law, the relevant provisions that workers cannot arrange work on rest days but make up for leave, and overtime wages shall be paid during this period.

21. How to pay wages when a worker is suspected of being sick or is a close contact during the quarantine period?

Answer: should pay the salary during this period.

Lawyer Analysis: According to Article 1 of the "Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of Pneumonia by the New Coronavirus Infection" and Article 41, paragraph 2 of the "Law on Prevention and Control of Infectious Diseases", employees suspected of being quarantined with the New Coronavirus Pneumonia should pay work remuneration during this period.

According to the "Notice on Further Improving the Related Work of Human Resources and Social Security in the City during the Epidemic Prevention and Control Period" issued by the Beijing Municipal Human Resources and Social Security Bureau on January 31, 2020, enterprises shall be deemed to provide normal labor and pay their wages for patients with pneumonia infected with the new coronavirus during their isolation treatment or medical observation period, as well as employees who cannot provide normal labor due to the government's implementation of isolation measures or other emergency measures. For enterprises that require employees to work at home through flexible means such as the Internet and telephone, they will pay their wages according to their salary income during normal work.

22. How to pay wages for workers who are diagnosed with novel coronavirus pneumonia?

Answer: employees should pay their wages during the treatment period when they are diagnosed with novel coronavirus pneumonia.

Lawyer Analysis: According to the "Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of Pneumonia by the New Coronavirus Infection", for patients with pneumonia infected with the new coronavirus, enterprises shall pay employees' work remuneration during this period.

According to the "Notice on Further Improving the Related Work of Human Resources and Social Security in the City during the Epidemic Prevention and Control Period" issued by the Beijing Municipal Human Resources and Social Security Bureau on January 31, 2020, for patients with pneumonia infected with the new coronavirus, enterprises should be deemed to provide normal labor and pay their wages.

According to Article 59 of the "Opinions on Implementing the Labor Law of the People's Republic of China" (Ministry of Labor [1995] No. 309), "Regulations on Medical Periods of Employees Are Illegal or Non-work Injured by Employees" (Ministry of Labor [1994] No. 479), and Article 21 of the "Beijing Wage Payment Regulations" (Revised in 2007), employees diagnosed with novel coronavirus pneumonia should enjoy corresponding medical treatment during their illness treatment.

23. How do workers who return to Beijing to work from the epidemic area pay their wages during their self-isolation and observation at home?

Answer: Based on the current reality, if the self-isolation observation time is 14 days, the employer shall pay the salary during this period.

Lawyer Analysis: According to Article 1 of the "Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of the New Coronavirus Pneumonia Epidemic" (Division of the Department of Human Resources and Social Security [2020] No. 5), employees who cannot provide normal labor due to emergency measures shall pay employees' work remuneration during this period.

According to Article 2 of the "Notice of the Beijing Municipal Human Resources and Social Security Bureau on Issues Related to Maintaining Stability of Labor Relations During the Epidemic Prevention and Control Period", if employees have not resumed work for a long time, the enterprise may arrange employees to wait for work after consultation with the employees. During the period of waiting, enterprises shall pay basic living expenses at no less than 70% of the city’s minimum wage standard.

According to the "Notice on Further Improving the Related Work of Human Resources and Social Security in the City during the Epidemic Prevention and Control Period" issued by the Beijing Municipal Human Resources and Social Security Bureau on January 31, 2020, enterprises shall be deemed to provide normal labor and pay their wages for patients with pneumonia infected with the new coronavirus during their isolation treatment or medical observation period, as well as employees who cannot provide normal labor due to the government's implementation of isolation measures or other emergency measures.

24. How to pay wages during the period when workers who perform work tasks fail to return to work in time due to the epidemic?

Answer: is paid according to the salary standards during normal working periods.

Lawyer Analysis: "Notice on Issues Related to Maintaining Stability of Labor Relations During the Epidemic Prevention and Control Period" (Beijing Renmin and Social Security Labor No. [2020] No. 11) stipulates that the affiliated enterprises shall pay their wages during normal working periods.

25. How to pay wages for workers who cannot take leave due to epidemic prevention and control?

Answer: arranges compensatory leave according to the provisions of the Labor Law or pays corresponding overtime wages and remuneration according to the law. The wages and remuneration for those who have not taken leave should be implemented in accordance with relevant policies.

Lawyer Analysis: According to the relevant provisions of the "Notice of the General Office of the State Council on Extending the Spring Festival Holiday in 2020 "Article 3" (Guobanfadian [2020] No. 1), Article 2 (2) of the National New Year Festival and Anniversary Holiday Measures (Revised in 2013), and Article 17 of the "Beijing Wage Payment Regulations" (Revised in 2007), from January 24, 2020 to February 2, 2020, due to the For employees who cannot take leave during epidemic prevention and control, since January 25, 26 and 27, 2020 are statutory holidays, the employer shall pay wages at no less than 300% of the employee's daily wage or hourly wage; because January 24, 28 and 29, 2020 are rest days, the employer shall arrange compensatory leave first, and if the employer cannot arrange compensatory leave, the salary shall be paid at no less than 200% of the employee's daily wage or hourly wage.

The Beijing Municipal Human Resources and Social Security Bureau issued on January 31, 2020 on the "Notice on Further Improving the Related Work of Human Resources and Social Security in the City during the Epidemic Prevention and Control Period" requires that according to the "Notice of the General Office of the State Council on Extending the 2020 Spring Festival Holiday", employees who cannot take leave and end leave early due to epidemic prevention and control from January 31 to February 2, 2020 shall arrange for compensatory leave for the same time. If they cannot arrange compensatory leave, overtime wages shall be paid at no less than 200% of the salary base.

26. How to pay wages if an employer stops work and production due to epidemic prevention and control?

Answer: salary payment is implemented in accordance with regulations.

Lawyer Analysis: According to the "Interim Provisions on Wage Payment", if an employer stops work and production within one wage payment cycle, the employer shall pay employees' wages according to the standards stipulated in the labor contract. If more than one wage payment cycle is required, if the employee provides normal labor, the wage paid to the employee by the employer shall not be lower than the local minimum wage standard. If an employee fails to provide normal labor, the employer shall pay living expenses, and the living expenses standards shall be implemented in accordance with the measures stipulated by each province, autonomous region, and municipality directly under the Central Government.

27. How do workers pay monthly performance wages during the period when they have not resumed work due to the epidemic?

Answer: should be implemented according to the provisions of the employer's performance salary.

Lawyer Analysis: In , performance wage agreements and calculation methods are different in practice, and are implemented according to the labor contracts and rules and regulations of both parties.

28. If a worker needs to continue recuperating at home after the quarantine measures are completed, how should the salary be paid during the rest period?

Answer: is determined based on the nature of the employees' holiday.

Lawyer Analysis: employees who hold medical leave certificates issued by medical institutions shall pay benefits according to sick leave; if there is no sick leave certificate, employees may be given priority to annual leave, overtime adjustments, and company welfare holidays; if employees do not have medical leave certificates and no other holidays available, they may apply for legal leave.

29. What should the employer missed the salary payment date due to epidemic prevention and control?

Answer: employers must promptly notify employees of the relevant situation and pay immediately after resuming work.

Lawyer Analysis: Affected by the epidemic, the State Council issued a document to extend the Spring Festival holiday to February 2. Some areas such as Shanghai are prohibited from resuming work before February 9.According to Article 7 of the former Ministry of Labor's "Interim Provisions on Wage Payment" (Ministry of Labor [1994] No. 489) stipulates that wages must be paid on the date agreed by the employer and the employee. If there are holidays or rest days, payment should be made in advance on the most recent working day. Given that the current epidemic cannot be foreseeable in advance, if the employer’s wrong salary payment date due to epidemic prevention and control causes, the employer’s failure to pay wages in a timely manner is due to current objective reasons, and it should be paid in a timely manner after resuming work.

Chapter 4 Overtime and working hours

30. The state stipulates that the 2020 Spring Festival holiday will be extended by 3 days. Are these 3 days considered legal holidays?

Answer: does not belong to a statutory holiday.

Lawyer Analysis: According to Article 2 of the "National New Year Festival and Anniversary Holiday Measures", all citizens' holidays are the Spring Festival, and there are 3 days off (the first day of the first day of the first month of the lunar month, and the third day of the lunar month). According to the previously issued "Notice of the General Office of the State Council on Arrangements for Some Holidays in 2020", the holiday time is as follows: the holidays will be adjusted from January 24 to 30, totaling 7 days. Go to work on January 19th (Sunday) and February 1st (Saturday).

The measures taken by this extended holiday to deal with emergencies, that is, the extended holiday should be implemented in accordance with the relevant provisions on the rest day.

31. What should the state handle the situation if the 2020 Spring Festival holiday is extended by 3 days and employees have not been on vacation?

Answer: employers should arrange compensatory leave; if they cannot arrange compensatory leave, they shall pay overtime salary at 200% of their salary.

Lawyer Analysis: According to Article 3 of the "Notice on Extending the Spring Festival Holiday in 2020", employees who cannot take leave due to epidemic prevention and control should arrange compensatory leave in accordance with the provisions of the Labor Law of the People's Republic of China, and wages and remuneration for those who have not taken leave should be implemented in accordance with relevant policies. Article 13 of the "Interim Provisions on Wage Payment" stipulates that if an employer arranges workers to work on rest days in accordance with the law and cannot arrange compensatory leave, the employee's wages shall be paid at no less than 200% of the employee's own daily or hourly wage standard stipulated in the labor contract.

32. If an employer needs to arrange for workers to work overtime due to epidemic prevention and control, does the workers have the right to refuse?

Answer: cannot be rejected.

Lawyer Analysis: Article 42 of the Labor Law stipulates that if an employer encounters the following special circumstances and urgent tasks, the work hours of employees can be extended: ① If a natural disaster, accident or other reasons threatens the life, health and property safety of workers, and needs emergency treatment; ② If a production equipment, transportation lines, and public facilities fail, affecting production and public interests, it must be repaired in a timely manner; ③ If a national emergency task or other emergency tasks arranged by superiors occurs; ④ If other circumstances stipulated by laws and administrative regulations.

Therefore, the new coronavirus pneumonia epidemic seriously threatens the lives, health and property safety of the people, and is a special situation stipulated by law. If the employer arranges employees to work overtime due to the need to fight the epidemic, employees must obey.

33. Can employers extend the arrangement of overtime workers for epidemic prevention and control?

Answer: is OK, but the health of the workers must be ensured.

Lawyer Analysis: Article 41 of the Labor Law stipulates that due to production and operation needs, employers may extend their working hours after consultation with trade unions and workers, generally not more than one hour per day; if they need to extend their working hours due to special reasons, they shall not exceed three hours per day and not more than thirty-six hours per month under the conditions of ensuring the health of the workers.

The new coronavirus pneumonia epidemic seriously threatens people's lives, health and property safety, and is a special situation stipulated by law. Therefore, employers can break through the limit of overtime hours to a certain extent. That is, work hours should be extended under the conditions of ensuring the health of workers, but they should not exceed 3 hours a day.

34. Employers need to complete production tasks in epidemic prevention and control. Is there a risk of overtime work?

Answer: does not exist.

Lawyer Analysis: According to Article 42 of the Labor Law, if any of the following circumstances occurs, the extension of working hours is not subject to the restrictions stipulated in Article 41 of this Law: (1) A natural disaster, accident or other reasons threatens the life, health and property safety of workers and requires emergency treatment; (2) Production equipment, transportation lines, and public facilities fail, affecting production and public interests, and must be repaired in a timely manner; (3) Other circumstances stipulated by laws and administrative regulations.

35. Can employers affected by the epidemic apply for special working hours?

Answer: is OK.

Lawyer Analysis: The Ministry of Human Resources and Social Security "Notice on Properly Handling Labor Relations Issues During the Prevention and Control Period of the New Coronavirus Pneumonia Epidemic" stipulates that if an employer has difficulties in production and operation due to the impact of the epidemic, he can stabilize his job by consulting with employees by adjusting salary, rotating jobs, shortening working hours, etc. Employers affected by the epidemic can apply for special working hours or use flexible working hours (such as shortening working hours, flexible commuting, etc.) to ensure the normal operation of the employer.

Beijing Municipal Human Resources and Social Security Bureau’s "Notice on Issues Related to Maintaining Stability of Labor Relations During the Epidemic Prevention and Control Period" stipulates that “employers can adopt concentrated work and rest methods to maintain normal production and operation. Employers affected by the epidemic can apply to the human resources and social security department to implement a comprehensive working hours calculation system, and implement rotation and rest adjustment according to production and operation needs.”

Chapter 5 Holiday

36. Can employers continue to extend the holiday based on the notice of the State Council and local governments?

Answer: is OK.

Lawyer Analysis: According to the "Notice on Extending the 2020 Spring Festival Holiday" issued by the State Council, the Spring Festival Holiday will be postponed to February 2, 2020.

According to the "Notice on Flexible Arrangement of Work in the City during the Prevention and Control of the New Coronavirus Pneumonia Epidemic" issued by the Beijing Municipal Government on January 31, 2020, before 24:00 on February 9, 2020, other enterprises except for specific industries, except for specific industries, should arrange employees to work at home through telephone, network and other flexible methods; enterprises that do not meet the conditions to arrange employees to work at home, should adopt erratic and flexible methods to calculate working hours in a flexible manner, and should not cause personnel gathering or concentration.

Of course, if an employer continues to extend the vacation of the employee in the unit based on the notice of the State Council and the notice of the local government, it falls under the scope of employer's employment autonomy and is decided by the employer, but the corresponding wages and benefits of the employee during the holiday should be guaranteed in accordance with the law and comply with the law.

37. If annual leave, medical period and extended holiday period overlap, will it be postponed?

Answer: should be subject to the situation.

Lawyer Analysis: According to Article 3 of the "Regulations on Paid Annual Leave of Employees", "National statutory holidays and rest days are not included in the holidays for annual leave." We understand that the extension of this holiday is a unified provision made by the State Council. According to the provisions of the state on paid annual leave, we believe that annual leave should be postponed accordingly.

The Ministry of Labor’s Notice on Implementing the Medical Periods of Employees’ Employees’ Employees’ Employees’ Employees’ Employees’ Employees’ Medical Periods of Illness or Non-work Injuries”, “During the sick leave period, public holidays, and statutory holidays are included.” Therefore, if the medical period overlaps with the extended 3-day period, it should not be postponed.

38. Will the marriage and funeral leave overlap with the extension of 3 days be postponed?

Answer: Whether is extended depends on the rules and regulations of the employer.

Lawyer Analysis: Whether the statutory holiday or weekend must be postponed during marriage and bereavement leave? my country does not have clear laws and regulations stipulated. Whether the postponed should be implemented based on the rules and regulations of the employer.

39. Will the family leave overlap with the extension of 3 days be postponed?

Answer: should not be postponed.

Lawyer Analysis: Article 3 of the State Council’s Provisions on the Treatment of Employees’ Visiting Relationships”: “Home vacation refers to the time when employees reunite with their spouses, parents, and parents. In addition, travel leave is given according to actual needs. The above holidays include public holidays and statutory holidays.” Therefore, if the visiting leave overlaps with the extension of 3 days, it will no longer be postponed.

40. Before the notice of extending the holiday or postponing the resumption of work, if the employee has received the employer's leave or the employer has arranged a vacation in a concentrated manner, what should the employer handle it?

Answer: should be executed according to the previously confirmed holiday type.

Lawyer Analysis: If the employer and the worker have confirmed the leave arrangement before the government issued a notice of delaying leave or delaying resumption of work, both parties shall implement the holiday type as originally confirmed, unless both parties agree to the change according to the notice issued. Otherwise, it is not advisable to change the nature of the holiday after the government issues a notice of postponing leave or postponing work resumption.

41. Can the employer refuse to inform the worker to go to work in advance?

Answer : Can refuse.

Lawyer Analysis: "Notice on Extending the Spring Festival Holiday in 2020" is a mandatory provision issued by the State Council for this epidemic, and employers shall abide by it. If an employer requires employees to go to work in advance before the expiration of the Spring Festival holiday stipulated by the state, the employee has the right to refuse.

According to the requirements of the "Notice on Flexible Arrangement of Work in the City during the Prevention and Control of the New Coronavirus Pneumonia Epidemic" issued by the Beijing Municipal People's Government on January 31, 2020, before 24:00 on February 9, 2020, the city's administrative area must be prevented from epidemic prevention and control (industry production, transportation, sales, etc. of medicines, protective supplies, and medical devices), the city's administrative area must ensure urban operation (water supply, power supply, oil and gas, communications, municipal, public transportation and other industries), the people's life must (supermarkets, food production and supply, logistics and distribution, property, etc.), key project construction and construction, and other related enterprises involving important national economy and people's livelihood shall arrange employees to work in the unit normally. For employees who do have to work normally before 24:00 on February 9, 2020 due to work needs, all enterprises should strengthen temperature testing and health protection for them, report relevant information in a timely manner, and ensure that all protection work is covered.

Chapter 6 Work-related injuries and medical period

42. Is it an industrial injury for workers to and from get off work?

Answer: does not belong to an industrial injury.

Lawyer Analysis: According to Article 14, Paragraph 6, Article 14, Paragraph 6, of the "Work Injury Insurance Regulations", if you are injured by a traffic accident or an urban rail transit, passenger ferry, or train accident on the way to and from get off work, you are not the main responsibility for the accident or the accident that is injured in urban rail transit, passenger ferry, or train. Accordingly, if a worker is not injured during the above reasons while commuting to and from get off work, he is not a work-related injury.

43. Is medical staff infected with novel coronavirus pneumonia due to work reasons considered an industrial injury?

Answer: should be an industrial injury.

Lawyer Analysis: According to the provisions of the "Work Injury Insurance Regulations", it meets the conditions for determining work-related injuries, namely working hours, workplaces, and work reasons. At the same time, according to the "Notice of the Ministry of Human Resources and Social Security, the Ministry of Finance, and the National Health Commission on the Protection Issues of Medical Care and Related Staff Infected with New Coronavirus Pneumonia due to the Performance of Work Duties", in the prevention and treatment of new coronavirus pneumonia, medical Care and related staff who are infected with new coronavirus pneumonia due to the performance of work duties or die of new coronavirus pneumonia, they should be deemed to be an industrial injury and enjoy work-related injury insurance benefits in accordance with the law.

The "Notice on Further Improving the Related Work of Human Resources and Social Security in the City during the Epidemic Prevention and Control Period" issued by the Beijing Municipal Human Resources and Social Security Bureau on January 31, 2020 stipulates that if medical staff and related staff are infected with the novel coronavirus pneumonia due to performing their work responsibilities, they shall be deemed to be an employee injury in accordance with regulations.

44. Is an accident caused by a worker during a volunteer activity?

Answer: Workers are injured unexpectedly during their volunteer activities, and there is a possibility of being considered as work-related injuries.

Lawyer Analysis: According to the provisions of the "Work Injury Insurance Regulations", employees who are injured in emergency rescue and disaster relief and other activities to safeguard national interests and public interests are deemed to be an employee injury, and they will enjoy work-related injury insurance benefits in accordance with the relevant provisions of the Work-related Injury Insurance Regulations. In other words, if an employee is injured during voluntary activities, there is a possibility that he or she will be considered an employee injury.

45. If a worker is confirmed to have an infectious disease or suspected infectious disease, after diagnosis and treatment, or the isolation is over, can the employer ask the worker to undergo a re-examination?

Answer: cannot be done, and the worker has the right to refuse.

Lawyer Analysis: After has been cured, the workers cannot determine the obligation to cooperate. However, if an employer needs to conduct a re-inspection for safety reasons, it can be conducted after consultation and approval with the worker, so that the worker should be avoided to feel discriminated against.

46. If a worker is diagnosed with novel coronavirus pneumonia, does the employer need to pay medical expenses?

Answer: is confirmed based on the social security payment. If the employer has paid basic medical insurance for the worker in accordance with the law, the employer does not need to pay medical expenses.

Lawyer Analysis: The Ministry of Finance and the Medical Insurance Bureau jointly issued the "Urgent Notice on Implementing Medical Insurance for the Epidemic of Pneumonia Infected by the New Coronavirus Infected", requiring that local medical insurance and financial departments should ensure that patients with confirmed new coronavirus pneumonia do not seek medical treatment due to cost issues, and ensure that hospitals are not affected by payment policies. First, for the medical expenses incurred by patients, after basic medical insurance, serious illness insurance, medical assistance, etc. are paid in accordance with regulations, the part of the personal burden will be subsidized by the finance department. Second, for those who seek medical treatment in other places, they will be treated first and then filed. The reimbursement will not be subject to the reduction of the payment ratio for medical treatment in other places. Third, the drugs and medical service items used by patients that comply with the diagnosis and treatment plan for the new coronavirus pneumonia formulated by the health and health department can be temporarily included in the payment scope of the medical insurance fund.

According to the provisions of the "Notice on Further Improving the Related Work of Human Resources and Social Security in the City during the Epidemic Prevention and Control Period" issued by the Beijing Municipal Human Resources and Social Security Bureau on January 31, 2020, the drugs and medical service items covered by the "Diagnosis and Treatment Plan for Pneumonia Infected by the New Coronavirus Infected Pneumonia" will be temporarily included in the scope of payment for the work-related injury insurance fund. For the relevant expenses incurred by the work-related injury insurance, those who participate in the work-related injury insurance shall be paid by the work-related injury insurance fund and the employer in accordance with the relevant provisions of the work-related injury insurance; those who have not participated in the insurance shall be paid by the employer in accordance with the statutory standards.

Chapter 7 Labor and Personnel Dispute Arbitration and Litigation

47. If the parties cannot apply for labor and personnel dispute arbitration within the statute of limitations for labor and personnel dispute arbitration due to the impact of the epidemic, how to calculate the statute of limitations for arbitration?

Answer: can be aborted according to the arbitration time limit.

Lawyer Analysis: The General Office of the Ministry of Human Resources and Social Security "Notice on Properly Handling Labor Relations Issues During the Prevention and Control Period of Pneumonia Infected by the New Coronavirus Infection" stipulates that if the parties cannot apply for labor and personnel dispute arbitration during the statutory period of limitations due to the impact of the epidemic, the arbitration statute of limitations will be suspended. The arbitration limitation period will continue to be calculated from the date on which the reason for the suspension of the limitation period is eliminated. If a labor and personnel dispute arbitration institution is difficult for arbitration institution to hear a case within the statutory time limit due to the impact of the epidemic, the trial period may be postponed accordingly.

48. During the period of postponing resumption of work, will the appeal period, evidence submission period, etc. be calculated?

Answer: does not stop computing.

Lawyer Analysis: Article 82 of the Civil Procedure Law stipulates that the last day of the expiration of the period is a holiday, and the first day after the holiday is the date of the expiration of the period. Therefore, the 2020 Spring Festival holiday will be extended to February 2, 2020. If the last day of the appeal period, the evidence period, etc. expires on the extended Spring Festival holiday period, it should be postponed to February 3.Therefore, unless otherwise provided, the parties to the litigation and litigation agents should conduct relevant litigation activities in a timely manner within the statutory period, such as: filing an appeal within the time limit, applying for postponement of evidence, etc., otherwise, the adverse consequences shall be borne by themselves.

The date of postponement of resumption of work stipulated by local government departments is not a statutory holiday or rest day stipulated by the state. It is an emergency measure taken for epidemic prevention and control. It cannot of course apply relevant legal provisions to stop calculating the relevant litigation period. However, this does not apply to local arbitration institutions and courts that issue specific regulations that can extend the relevant period.

Chapter 8 Legal liability

49. Will employers be held legally responsible for resuming work in advance?

Answer: may be held legally responsible. The employer resumes work early and determines whether he or she needs to bear corresponding legal responsibilities depending on the severity of the circumstances.

Lawyer Analysis: Article 42, paragraph 1 of the "Law on Prevention and Control of Infectious Diseases" stipulates that when an infectious disease breaks out or spreads, local people's governments at or above the county level shall immediately organize forces to prevent and control in accordance with the prevention and control plan, and cut off the transmission of infectious diseases. If necessary, after the decision of the people's government at the next higher level, the following emergency measures may be taken and announced: ... (II) Suspension of work, business, and classes; ...

Article 70 of the "Law on Prevention and Control of Infectious Diseases" stipulates that when units and individuals who have one of the following acts shall submit approval from the government at or above the county level for approval and criticism of the unit; the supervisory personnel and directly responsible persons shall be subject to administrative sanctions by their units or higher authorities. (1) When an infectious disease breaks out or spreads, it hinders or refuses to implement emergency measures by the government;...

Article 330 of the Criminal Law stipulates that if one of the following circumstances violates the provisions of the Infectious Disease Prevention and Control Law, causes the transmission of Class A infectious disease or is at a serious risk of transmission, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years:... (4) If the prevention and control measures proposed by the health and epidemic prevention agency in accordance with the Infectious Disease Prevention and Control Law. If an organization commits the crime in the preceding paragraph, it shall be sentenced to a fine, and the directly responsible supervisor and other directly responsible persons shall be punished in accordance with the provisions of the preceding paragraph. The scope of Class A infectious diseases shall be determined in accordance with the "Law on the Prevention and Control of Infectious Diseases" and relevant provisions of the State Council.

This new coronavirus is a Class B infectious disease, and prevention and control measures for Class A infectious disease are taken. Therefore, if the employer fails to implement the regulations, resumes work early without authorization, and causes cross-infection of the virus or is in serious danger of infection, relevant legal responsibilities may be pursued, including but not limited to administrative and criminal liability.

50. Will employers be held legally responsible for failing to fulfill their legal obligations for epidemic prevention and control?

Answer: has the legal risk of being held legally responsible.

Lawyer Analysis: The following relevant provisions of make clear provisions on the legal responsibilities that employers should bear for failing to fulfill their legal obligations for epidemic prevention and control: Article 77 of the "Law on the Prevention and Control of Infectious Diseases" stipulates that if units and individuals violate the provisions of this Law, lead to the spread and epidemic of infectious diseases, and cause damage to others' personal and property, they shall bear civil liability in accordance with the law.

Article 67 of the "Emergency Response Law" stipulates that if an organization or individual violates the provisions of this Law, causes emergencies or the harm is expanded, and causes damage to others' personal and property, he shall bear civil liability in accordance with the law.

Article 64 of the "Emergency Response Law" stipulates that if the relevant unit is in any of the following circumstances, the people's government that performs unified leadership responsibilities in the place shall order the production and business to be suspended, temporarily withheld or revoked the license or business license, and impose a fine of not less than RMB 50,000 and not more than RMB 200,000; if a violation of public security management is constituted, the public security organ shall impose a punishment in accordance with the law: (1) Failure to take preventive measures in accordance with the regulations, resulting in serious emergencies; (2) Failure to promptly eliminate the hidden dangers that may cause emergencies, resulting in serious emergencies; (3) Failure to do a good job in daily maintenance and testing of emergency equipment and facilities, resulting in serious emergencies or the dangers of emergencies are expanded; (4) Failure to organize emergency rescue work in a timely manner after the emergencies, resulting in serious consequences. If the acts stipulated in the preceding paragraph are stipulated by other laws and administrative regulations to be punished by relevant departments of the people's government in accordance with the law, the provisions shall prevail.

Article 68 of the Emergency Response Law stipulates that if a violation of the provisions of this Law and constitutes a crime, criminal liability shall be pursued in accordance with the law.

(Person in writing: Liang Feng , Jin Xiaolian, Xu Yang, Ma Zhaohui, Hao Yunfeng, Shandan, Shi Fumao , Zhang Xuexia, Cheng Yang , Cui Mingming, Fang Fugui, Hu Jie, Yao Junchang, Yang Jing, Wu Lihong, Xu Hua)