Recently, the pneumonic epidemic caused by 2019-nCoV (hereinafter referred to as “2019-nCoV epidemic”) has aroused widespread concern in the society. While calling on the whole people to wear masks, wash their hands frequently, and actively take protective measures, governments at all levels have taken active actions and issued a series of regulatory documents at the national level and at the local levels of Beijing to provide a strong policy guarantee for epidemic prevention and control. In order to encourage employers to strengthen labour relations and human resources compliance management in special periods, the labour law team of Zhong Lun W&D Law Firm sorts out, integrates and summarizes the various policy provisions in different documents in terms of hot issues related to the epidemic in order to promote the human resources compliance and the construction of harmonious labour relations, and actively prevent and properly respond to various labour disputes. In view of the fact that the pneumonic epidemic is still developing and changing, and the related policies may be further clarified, refined and improved, the analysis opinions provided in this article are not to be used as legal opinions of legal services but for reference only.

I. Index of laws and regulations related to prevention and control of 2019-nCoV i.Summary of laws and regulations at the national level

a) Notice on the Extension of the Spring Festival Holiday in 2020 by the General Office of the State Council

With the approval of the State Council, in order to strengthen the prevention and control of 2019-nCoV epidemic, effectively reduce the gathering of people, block the spread of the epidemic, and better protect the lives and health of the people, specific arrangements for extending the Spring Festival holiday in 2020 are now notified as follows: First, the Spring Festival holiday in 2020 is extended to February 2nd (the ninth day of the first lunar month, Sunday), and workday starts from February 3rd (Monday); Second, all the universities and colleges, primary and secondary schools, kindergartens postpone the start of semester and the specific time will be until further notified by the education department; Third, compensatory leave shall be arranged for employees who cannot take vacation due to epidemic prevention and control in accordance with the Labour Law of the People's Republic of China, and wages and salaries for the vacation which the employees should have taken shall be guaranteed in accordance with relevant policies.

b) Notice on Protection for Medical Workers and Related Staff Infected with 2019- nCoV due to Performance of Their Duties by the Ministry of Human Resources and Social Security, the Ministry of Finance, and the National Health Commission

     In order to guarantee the prevention and treatment of 2019-nCoV and protect the rights and interests of the involved staff, protection for medical workers and related staff infected with 2019-nCoV due to performance of their duties during the prevention and treatment work is notified as follows: during the prevention and treatment of 2019-nCoV, medical workers and related staff who are infected with 2019-nCoV or die from infection with 2019-nCoV due to performance of their work duties shall gain identification of work injuries and enjoy work-related injury insurance 3 in accordance with law. The related expenses incurred by the staff above who have participated in the work-related injury insurance shall be paid by the work-related injury insurance fund and the employers in accordance to the relevant regulations on workrelated injury insurance; if the staff have not participated in the work-related injury insurance, the employers shall pay in accordance to the statutory standards, and the expenses incurred by the financial assistance unit therefor shall be subsidized by the finance assistance units of the same level. Administrative departments on human resources and social security, finance, and health at all levels must cooperate closely to provide good services, and work together to timely complete the identification of the work injuries of the staff above and payment of their expenses.

c) Notice on Properly Handling Labour Relationship issues during the Prevention and Control of 2019-nCoV by the General Office of the Ministry of Human Resources and Social Security

     In order to guarantee the prevention and treatment of 2019-nCoV, protect the rights and interests of the involved staff, safeguard enterprises’ production order, and promote harmonious and stable labour relations, relevant issues are notified as follows:

     I. In terms of employees who are unable to provide normal labour due to the infection with or suspected infection with or close contacts with 2019-nCoV during their isolation treatment or medical observation, as well as those who are unable to provide normal labour due to government’s isolation measures or other emergency measures, enterprises shall pay them normal salaries and shall not terminate the labour contract in accordance with Articles 40 and 41 of the Labour Contract Law. During the period in which the employees cannot provide normal labour, if the labour contract expires, the contract will be postponed to the end of the employee's medical treatment, medical observation, isolation, or other emergency measures taken by the government.

    Ⅱ. Enterprises which undergo difficulties in production or operation due to the 2019-nCoV epidemic may reach consensus with employees to adopt methods such as 4 adjusting salary, rotating job and leave, shortening working hours, etc. so as to stabilize the employment, trying to minimize or reduce layoffs. Eligible enterprises can enjoy job stabilization subsidies in accordance with relevant regulations. Where enterprises suspend production within a wage payment cycle, enterprises shall pay the employees’ wages in accordance with the standards stipulated in the labour contract. Where enterprises suspend production longer than one wage payment cycle, if the employee provides normal labour, the wages paid by the enterprise to the employee must not be lower than the local minimum wage standard. If the employee does not provide normal labour, the enterprise shall pay living expenses in accordance with the implementation methods stipulated by provinces, autonomous regions and municipalities.

     Ⅲ. Where the parties cannot apply for arbitration of labour and personnel disputes due to the 2019-nCoV epidemic, the time limitation of arbitration shall be suspended.From the date when the cause of suspension of time limitation is eliminated, the term of time limitation of arbitration continues to be calculated. Where it is difficult for the arbitration agency to hear the case within the legal time limit due to the2019-nCoV epidemic, the trial term may be accordingly extended.

ii.Summary of regulations and policies in Beijing

  a) Notice on Issues Related to Maintaining Stability of Labour Relations During the Prevention and Control of 2019-nCoV Epidemic by the Bureau of Human Resources and Social Security of Beijing

    In order to implement the requirements of the Municipal Party Committee and the Municipal Government on the prevention and control of the 2019-nCoV epidemic, ensure that infected employees receive treatment, protect the legitimate rights and interests of isolated employees and those who cannot return to Beijing for work in time due to the 2019-nCoV epidemic, ensure the normal production and operation of enterprises, and maintain stable labour relations, relevant issues are notified as follows:

(Ⅰ) Enterprises should guarantee infected employees to enjoy medical treatment period and medical leave pay.

     In accordance with the relevant national and municipal laws and regulations, employees who stop working for medical treatment due to infection with 2019-nCoV should enjoy a medical treatment period. During the period of medical treatment, the enterprise shall pay medical leave pay in accordance with the labour contract or collective contract. The medical leave pay shall not be less than 80% of the minimum wage in Beijing

(Ⅱ) Enterprises should properly settle with those who are isolated due to the 2019- nCoV epidemic and those who cannot returned to Beijing for work in time.

     In terms of patients or suspected patients infected with 2019-nCoV and those who have closely contacted with infected patients or suspected patients, where they are excluded as patients or 2019-nCoV carriers after their isolation and medical observation, the wages during the isolation and medical observation shall be paid by the enterprise the same as normal workdays.

     For employees who cannot return to Beijing for work due to the 2019-nCoV epidemic, the enterprise may arrange annual leave for employees. Among them, employees who have worked cumulatively for one year and less than 10 years are entitled to take 5 days’ annual leave; For those who have worked cumulatively for 10 years and less than 20 years, they are entitled to take 10 days’ leave; For those who have worked cumulatively for more than 20 years, they are entitled to take 15 days’ leave. Employees enjoy the same salary during their annual leave as during normal workdays. If the employee does not return to work for a relatively long period of time, the enterprise may arrange post-waiting for the employee after consultation with the employee. During the period of post-waiting, the enterprise shall pay the basic living expenses, not less than 70% of the city's minimum wage. Employees who are on business trips and fail to return to Beijing due to the 2019-nCoV epidemic shall be paid by the enterprise the same wages as during the normal workdays.

(Ⅲ) Enterprises can adopt co-located work and co-located rest to maintain normal production and operation

     Enterprises affected by the epidemic may apply to the department of human resources and social security for the implementation of the system of comprehensively calculating working hours, and of rotating job and leave according to producing and operating needs.

(Ⅳ) Departments of human resources and social security in all districts must effectively do a good job of service guidance, and of monitoring and dealing with the epidemic.

     All districts should assign their territorial responsibilities, strengthen guidance on labour relationship and employment for enterprises affected by the epidemic, increase the prediction and early warning of labour relationship risks, and effectively protect the legitimate rights and interests of employees. It is necessary to open up green channels and do a good job of administrative permission for the special system of working hours for enterprises in accordance with the law. In accordance with the requirements of the epidemic prevention and control, it is required to strengthen the employment monitoring of enterprises with a high mobility of personnel, such as enterprises of labour dispatch so as to effectively prevent and deal with emergencies.

b) Notice on Implementing the Four Parties’ Responsibility to Further Strengthen the Epidemic Prevention and Control in Key Populations, Places and Units by the General Office of Beijing Municipal People's Government

    In order to implement the Notice on Further Defining Responsibilities and Strengthening the Prevention and Control of the 2019-nCoV Epidemic by the Beijing Municipal People's Government, it is required to strengthen the four parties’ responsibility, further Strengthen the prevention and control of the 2019-nCoV epidemics in key populations, places and units in accordance with the principle of 7 classified service management. The relevant issues are now notified as follows:

Strengthening service management for key populations

(Ⅰ) Service management of relevant people who come from Hubei province to Beijing

     Beijing residents who are on business trips, or visit relatives and friends in Hubei province shall strictly abide by the measures taken by the local government of Hubei province regarding the epidemic prevention and control, and shall not leave Hubei province without authorization.

    People who have left Hubei province or have had contact with people in Hubei province, within 14 days before arriving in Beijing, should report their heath condition to the community (village) where they live or stay on the day of their arrival, and receive 14 days’ medical observation starting from the day they arrive in Beijing, during which period of time they monitor body temperature every morning and evening and do not go out。The community (village) responsible for medical observations should provide basic living security for the people above. Where they have symptoms such as fever, fatigue, and dry cough, the people above shall immediately report and go to the hot clinics of near medical and health institutions with assistance of the community (village) responsible for medical observations.

    The Beijing Centre for Disease Control and Prevention conducts assessments of the epidemic situation across the country. For personnel from areas identified as key regions in the assessment, service management shall be provided in accordance with relevant personnel from Hubei province.

(Ⅱ) Service management of people arriving in Beijing from other areas of the country rather than Hubei province

    People arriving in Beijing from other areas of the country shall obey the service management of transportation operators such as aviation, railway, coach and road entry checkpoints, and consciously accept and cooperate with body temperature testing. 8 Those with high body temperature should abide by the city’s immediate arrangement to go to the hot clinic of near medical and health institutions。Those with normal body temperature shall monitor their body temperature and health every morning and evening within 14 days after their arrival in Beijing. When they go out, they shall wear masks to strengthen personal protection.When they have symptoms such as fever, fatigue, and dry cough, they shall immediately go to the hot clinic of near medical and health institutions. 

    Units, whose employees come from other regions in the country, shall urge them to implement relevant prevention and control measures and equip them with necessary protective equipment.For employees in the 14 days’ medical observation, it is suggested to implement flexible working hours, avoid traffic peak when they commute, and arrange them to work at home or provide them with a working environment that minimizes personnel contact if condition permits.

c) Notice on Flexible Work Arrangement of Enterprises in Beijing During the Prevention and Control of the 2019-nCoV Epidemic by Beijing Municipal People's Government

      In order to strengthen the prevention and control of the 2019-nCoV epidemic, effectively reduce the gathering of people, block the spread of the epidemic, and better protect the lives and health of the people, in accordance with the Infectious Diseases Prevention Law, the Incident Response Law and other related laws and regulations as well as relevant provisions of Beijing’s first-level response mechanism to public health emergencies, relevant issues are notified as follows regarding matters concerning the flexible work arrangement of enterprises in Beijing after the Spring Festival:

      (Ⅰ) Before 24:00 on February 9th in 2020, enterprises regarding the prevention and control of epidemic in Beijing (medicine, protective equipment and medical device production, transportation, sales and other industries), and the guarantee of urban operation (water supply, power supply, oil and gas, communication, municipal administration, public transportation and other industries), people's daily necessities 9 (supermarkets, food production and supply, logistics and distribution, property management and other industries), and construction of key projects, as well as other related enterprises that significantly involve people's livelihoods, shall arrange for employees to work as usual.

     For employees who do need to work normally before 24:00 on February 9th in 2020, enterprises shall strengthen their temperature testing and health protection, timely report relevant information, and achieve full coverage of protective work. Competent authorities of various industries shall strengthen the guidance and supervision of the enterprise's epidemic prevention work so as to assign their responsibilities.

    (Ⅱ) Before 24:00 on February 9th in 2020, if other enterprises have relevant conditions, they shall arrange the employees to work at home via flexible methods such as telephone or Internet to complete the corresponding work. For enterprises that do not have relevant conditions to arrange the employees to work at home, the employees shall be arranged for to work at different time with flexible methods of calculating working hours, so as to avoid people’s gathering and concentrating.

    (Ⅲ) Employees of enterprises in Beijing who are in Hubei province due to taking business trips, visiting relatives and friends, returning to their hometown, etc. must strictly abide by the measures taken by the local government of Hubei Province regarding the prevention and control of the epidemic, and must not leave Hubei without authorization . For the employees who left Hubei area within 14 days before arriving in Beijing or had contact with personnel from Hubei area, in accordance with Notice on Implementing the Four Parties’ Responsibility to Further Strengthen the Epidemic Prevention and Control in Key Populations, Places and Units by the General Office of Beijing Municipal People's Government, medical observation and other measures shall be strictly implemented

d) Notice on Further Improving Work Related to Human Resources and Social Security in Beijing during the Prevention and Control of Epidemic by Beijing Municipal Bureau of Human Resources and Social Security

     In order to implement the important decisions and arrangements of the Party Central Committee, the State Council, and the municipal government on the prevention and control of the 2019-nCoV epidemic, in accordance with the requirements of relevant national and municipal documents, departments of human resources and social security at all levels and relevant units in Beijing must pay close attention to the implementation of prevention and control work of the epidemic and resolutely assign the responsibilities. With the consent of the Beijing government, notice on relevant work is now notified as follows:

Ⅰ. Fully maintain the stability of labour relations

  (Ⅰ) Perform labour contracts in accordance with the law and ensure payment of wages

     a) In terms of employees who are unable to provide normal labour due to the infection with or suspected infection with or close contacts with 2019-nCoV during their isolation treatment or medical observation, as well as those who are unable to provide normal labour due to government’s isolation measures or other emergency measures, enterprises shall pay them normal salaries as they provide normal labour, and shall not terminate the labour relationship. During the period in which the employees cannot provide normal labour, if the labour contract expires, the contract will be postponed to the end of the employee's medical treatment, medical observation, isolation, or other emergency measures taken by the government. 

  b) Enterprises that require employees to work at home via flexible methods such as the Internet and telephone shall pay the same wages as during normal workdays.

(Ⅱ) Reasonably arrange employees to have rests or take vacations

    In accordance with the Notice on Extending the Spring Festival Holiday of 2020 by the General Office of the State Council, employees who cannot take vacations or end vacations ahead of time due to the prevention and control of the epidemic from January 31st to February 2nd in 2020 shall have compensatory leave of the same time. If compensatory leave cannot be arranged, overtime work wages shall be paid at a rate not lower than 200% of the basic wage

(Ⅲ) Guarantee the normal production and operation order of employers

     Enterprises which undergo difficulties in production or operation due to the 2019- nCoV epidemic may reach consensus with employees to adopt methods such as adjusting salary, rotating job and leave, shortening working hours, etc. so as to stabilize the employment, trying to minimize or reduce layoffs. Eligible enterprises can enjoy job stabilization subsidies in accordance with relevant regulations.Eligible enterprises can refund unemployment insurance premiums in accordance with regulations.

Ⅱ. Implement social security measures

   (Ⅰ) According to the relevant provisions on the flexible work arrangement of enterprises, the collection period of social insurance premium in Beijing shall be timely adjusted during the prevention and control of epidemic, which shall timely notify to society, so as to ensure that various social insurance benefits and interests are not affected by the epidemic. . The collection period of social insurance premiums in January and February 2020 extends to the end of March.

    (Ⅱ) Medical personnel and related staff who are infected with 2019-nCoV due to performing their duties shall be identified as work-related injuries in accordance with relevant regulations. The certification time shall be shortened, so the certification shall be completed within 3 days if the employer applies the work-related injury certification for the people above and the facts are clear and the materials are enough.

    (Ⅲ) Timely implement work-related injury insurance benefits. The medicine and medical service covered by the Diagnosis and Treatment Program of Pneumonia Caused by 2019-nCoV will be temporarily included in the payment scope of the workrelated injury insurance fund. Relevant expenses incurred for the identification of workrelated injuries shall be paid by the work-related injury insurance fund and the employer in accordance with the relevant provisions of work-related injury insurance; those who do not participate in the work-related injury insurance shall be paid in accordance with legal standards. Social security agencies at all levels shall open up quick channels for payment of work-related injury benefits and pay the work-related injury insurance premiums in accordance with regulations. In accordance with the epidemic prevention and control deployment, labour capacity appraisal is postponed, and the time limit for labour capacity appraisal is also accordingly extended

 e) Notice on Issues of Employees’ Wages due to Their Care for Their Minor Children During the Prevention and Control of Epidemic by Beijing Municipal Bureau of Human Resources and Social Security and Beijing Municipal Education Commission

In order to implement the first-level response mechanism to great public health emergencies, to protect the health and safety of minor children during the postponement of start of colleges, universities, high and elementary schools, and kindergartens, in accordance with the spirit of the implementation methods of the Labour Contract Law and the Prevention and the Infectious Diseases Prevention Law, with the government’s agree, it is notified as follows:

     (Ⅰ) Each household may have one employee to care for the minor children at home, which is regarded as one of situation where the government cannot provide normal labour due to the implementation of isolation measures or other emergency measures, and the wages during the period are paid by the enterprise as they attend the work.

    (Ⅱ) During the period when employees care for their minor children, the enterprise shall not terminate the labour contracts; if the labour contract expires, it shall be postponed to the end of government’s isolation measures or other emergency measures.

   (Ⅲ) Encourage home-care employees to provide labour via flexible working methods such as telephone and Internet; encourage employees to rotating job and leave, carry forward the spirit of mutual assistance, and ensure the normal operation of work and production. 

f) Several Measures on Further Supporting the Prevention and Control of the 2019-nCoV Epidemic by the General Office of Beijing Municipal People’s Government

●Help various enterprises stabilize production and operations

    Assist enterprises to solve the problems of goods and materials support, supply of raw materials, logistics and transportation, etc., strengthen supervision and guidance on prevention and control, and ensure normal production on the premise that prevention and control of epidemic reach the standard Implement a flexible employment policy, and allow enterprises to comprehensively adjust the use of leave days in the year.

    Enterprises which undergo difficulties in production or operation due to the 2019- nCoV epidemic may reach consensus with employees to adopt methods such as adjusting salary, rotating job and leave, shortening working hours, etc. so as to stabilize the employment, trying to minimize or reduce layoffs. Eligible enterprises can enjoy job stabilization subsidies in accordance with relevant regulations. Eligible enterprises can refund unemployment insurance premiums in accordance with regulations.

  ● Delay the payment of social insurance premiums.

   Extend the collection period of social insurance premiums in January and February to the end of March For industries of tourism, accommodation, catering, exhibitions, trade and distribution, transportation, education and training, cultural performances, movie theatres, and ice sports, etc., which are affected by 14 the epidemic, after confirmation by relevant industry authorities, the collection period of the social security premiums which should have been paid in the period of the epidemic can be extended to the end of July.

II. Compliance attentions of employers during the prevention and control of the 2019-nCoV epidemic

i.Calculation of labour reward and flexible employment arrangements

a) If employees are exerted isolation measures or other emergency measures, work reward is normally calculated and issued

     In accordance with Article 41 of the Infectious Diseases Prevention Law, for personnel in the particular place and area where infectious diseases of category A occur, local people's governments at or above the county level can implement isolation measures, and at the same time The report to the upper people's government; the people's government at a higher level which receives the report shall immediately make a decision on whether to approve the isolation measures. During the period of isolation, the people's government that implements the isolation measures shall provide living support for the isolated personnel; if the isolated personnel has a work unit, the unit shall not stop paying the work reward during the isolation period. In addition, it is also stipulated in the Notice on Properly Handling Labour Relationship issues during the Prevention and Control of 2019-nCoV by the General Office of the Ministry of Human Resources and Social Security that In terms of employees who are unable to provide normal labour due to the infection with or suspected infection with or close contacts with 2019-nCoV during their isolation treatment or medical observation, as well as those who are unable to provide normal labour due to government’s isolation measures or other emergency measures, enterprises shall pay them normal salaries…and it is also stipulated in the Notice on Issues Related to Maintaining Stability of Labour Relations During the Prevention and Control of 2019-nCoV Epidemic by the Bureau of Human Resources and Social Security of Beijing that the wages during the isolation and medical observation shall be paid by the enterprise the same as normal workdays.

     The aforementioned isolated personnel include patients or suspected patients infected with 2019-nCoV and those who have closely contacted with infected patients or suspected patients, which they are excluded as patients or 2019-nCoV carriers after their isolation and medical observation; the aforementioned isolation means the isolation and medical observation; the aforementioned work reward means the wages during the isolation and medical observation which shall be paid by the enterprise the same as normal workdays and cannot be reduced on the grounds of absence from duty. Otherwise, the reward and performance appraisal should be paid in the light of the assessment system of the unit if they need determining in accordance with the outcome of assessment.

b) During the 14 days’ self-isolation of employees according to the notice of the government department, the employer should flexibly calculate their reward

     At present, many local governments including Beijing require those who return to work from the disease-infected areas to self-isolated for 14 days. Within 14 days, the employer shall implement the requirements of isolation, arrange for employees to work at home or to take annual leave with pay. During the above period, the enterprise shall pay employees the same wages as the wage standards during their normal attendance. Where there is no annual leave and no conditions of working at home, the employer can negotiate with the employees to arrange post-waiting and pay them living expenses.

c) During the non-isolated treatment after the diagnosis of pneumonia caused by 2019-nCoV, the employer can pay labour compensation in accordance with standards of medical leave benefit.

     The employee who is diagnosed with pneumonia caused by 2019-nCoV or other diseases that require treatment (except when isolation measures or other emergency measures are taken) enjoys the relevant treatment during the medical period. The employer should determine the medical period according to the cumulative working years of the employee and working years at the unit, and pay the wages during their medical leave. Wages during the medical leave shall be implemented in accordance with the unit's medical leave pay system, but shall not be lower than 80% of the minimum wage standard at the place where the unit is located.

d) Wages of workers who cannot attend work due to care of their minor children should be paid as normal

     In the Notice on Issues of Employees’ Wages due to Their Care for Their Minor Children During the Prevention and Control of Epidemic by Beijing Municipal Bureau of Human Resources and Social Security and Beijing Municipal Education Commission, it is stipulated that each household may have one employee to care for the minor children at home, which is regarded as one of situation where the government cannot provide normal labour due to the implementation of isolation measures or other emergency measures, and the wages during the period are paid by the enterprise as they attend the work.

     Regarding the content of the above documents, we suggest from the following aspects: First, according to Article 17 of the General Principles of the Civil Law, natural persons over the age of eighteen are adults. Natural persons under the age of eighteen are minors. Therefore, if employees have children under the age of 18 at home, one of the parents can take care of the minor child at home. Second, unlike the content of the Notice on Flexible Work Arrangement of Enterprises in Beijing During the Prevention and Control of the 2019-nCoV Epidemic by Beijing Municipal People's Government, this document determines the nature of the situation as the government's implementation of isolation measures or other emergency measures, which means that employees who are unable to work properly because of child care before the school starts shall be aid wages as normal and the wages cannot be reduced, and which also means that the employer should not arrange annual vacation, leave, post-waiting, etc. for employees. Finally, home isolation measures are government’s isolation measures, and the employees’ home observation period is not a legal holiday or a rest day. Employees work at home due to work requirement, which are not considered as overtime.

      In practice, it is recommended that companies timely account employees who need to take care of children at home, and properly arrange work. Where the employer really needs employees, who need to take care of children to work normally, the employer should negotiate with employees to ensure that there are other adults in the family to take care of the minor children; employers can also 17 consult with employees to arrange for them to work properly at home. The employer may also require the employee to show proof of the other spouse's attendance at work to prove that the employee himself or herself needs to take care of the children at home, and then approve the employee to enjoy such treatment.

e) Flexible work arrangement of normal working days

     It is notified in the Notice on Flexible Work Arrangement of Enterprises in Beijing During the Prevention and Control of the 2019-nCoV Epidemic by Beijing Municipal People's Government that before 24:00 on February 9th in 2020, enterprises which do not involve the people’s livelihoods and have relevant conditions shall arrange the employees to work at home via flexible methods such as telephone or Internet to complete the corresponding work. This requirement is different from the requirements of delay of work stipulated by other provinces and cities, that is to say, in the week from February 3 to 9, which is normal working days, the employer should arrange work at home, telephone or Internet meetings.

     In other words, for employers and employees in Beijing, the period from February 3rd to February 7th in 2020 is normal working days. The employer should reasonably allocate the tasks of employees at home, and use methods of submitting daily record of work or clocking in work attendance through the Internet instead of clocking in work attendance on the site, which should not be too strict. For the period from February 8th to February 9th, most enterprises should arrange normal vacation. If the enterprises cannot arrange vacation, the period should be regarded as working overtime. For the enterprises which cannot arrange for the employee to work at home, the employer can negotiate with employees to arrange annual leave or post-waiting, but should pay attention to maintain the fact that proves that both parties have reached an agreement.

ii.Treatment of employees who cannot return to Beijing in time due to infection or forced isolation

a) Infected employees or employees identified as suspected patients

      It is required in the Notice on Issues Related to Maintaining Stability of Labour Relations During the Prevention and Control of 2019-nCoV Epidemic by the Bureau of Human Resources and Social Security of Beijing that the employer shall guarantee the infected employees to enjoy medical treatment period and medical leave pay in accordance with the law. Therefore, in terms of medical employees or employees who are hospitalized for treatment as suspected patients or employees who are treated at home according to the doctor's advice, the medical period starts from the day when the employees cannot attend the work.

     It is stipulated in the Notice on Further Improving Work Related to Human Resources and Social Security in Beijing during the Prevention and Control of Epidemic by Beijing Municipal Bureau of Human Resources and Social Security that in terms of employees who are unable to provide normal labour due to the infection with or suspected infection with or close contacts with 2019-nCoV during their isolation treatment or medical observation, as well as those who are unable to provide normal labour due to government’s isolation measures or other emergency measures, enterprises shall pay them normal salaries as they provide normal labour, and shall not terminate the labour relationship. During the period in which the employees cannot provide normal labour, if the labour contract expires, the contract will be postponed to the end of the employee's medical treatment, medical observation, isolation, or other emergency measures taken by the government. In the notice, the medical period of infected patients or suspected patients infected with 2019-nCoV, and the period of medical observation and isolation of close contactors with 2019-nCoV are taken as the same type of vacation, and it is uniformly stipulated that in the above situation, the personnel should be regarded as providing normal labour and should be paid wages. Therefore, unlike employees who suffer from other diseases, employees who are infected with 2019-nCoV receive normal wages instead of medical leave pay.

      In addition, if the employee becomes sick due to infection with 2019-nCoV, the employee shall not terminate the labour contract in accordance with Article 40 and Article 41 of the Labour Contract Law. The employer must not terminate the labour contract because the employee cannot do the original work or other arranged work at the end of the employee's medical treatment, nor can the employer lay off employees due to economic reasons.

      In practice, if the employee becomes sick due to infection with 2019-nCoV, in addition to providing a hospital diagnosis certificate to the employer and performing leave procedures in accordance with the requirements of the normal medical period, the employer should also arrange a certain period of isolation after the illness is cured. If the employer arranges for the employees to take leave after their illness is cured, they shall arrange for the employees to work at home, take annual leave with pay or treat them as post-waiting with consensus of the employees.

b) employees who are isolated by the community due to contact with people in Hubei area

      It is stipulated in the Notice on Further Strengthening the Epidemic Prevention and Control in Key Populations, Places and Units by Beijing Municipal People's Government that people who have left Hubei province or have had contact with people in Hubei province, within 14 days before arriving in Beijing, should report their heath condition to the community (village) where they live or stay on the day of their arrival, and receive 14 days’ medical observation starting from the day they arrive in Beijing, during which period of time they monitor body temperature every morning and evening and do not go out.

      From the notice, we know that: First, two types of personnel are those who have contact with people in Hubei province: one who left Hubei within 14 days, and the other who has not visited Hubei within 14 days but has contact with people from Hubei. The second type actually covers much larger population than the first category. In accordance with the above-mentioned documents in Beijing, employees who have not been to Hubei area or have contacted the personnel in Hubei area do not have to be isolated for 14 days after returning to Beijing, and 20 the employer can arrange according to its own circumstances. Second, the 14 days’ home observation of the employees who returned in Beijing from Hubei area is an isolation measure implemented by the municipal government. Therefore, the employer should ensure the period of isolation, and cannot force the employees to return to work during the home isolation period. Finally, during the isolation period the wages needs paying like during the normal labour period. It is suggested that the isolation period is regarded as normal working days, the employer can arrange work for the employee, but should reach agreements with the employee.

     In practice, the employer should pay close attention to and register the employees’ return date to Beijing. For the employees returning from Hubei province, the employer should ensure their isolation period, and indicate them to register in the community in time. If the employees agree, the employer can also arrange for the employees to work at home.

c) Employees forced to be isolated by the government for close contact with infected people or suspected of being infected with 2019-nCoV

     If employees belong to the close contactors with infected patients, carriers of 2019-nCoV, or suspected infected patients, the employees are regarded to be taken isolation measures by the government. For the above employees, the employer should ensure the 14 days’ isolation period, during which it is not allowed to terminate the labour contract, and if the labour contract expires, it shall be extended to the end of the isolation period.

     In practice, the employer shall ask the above employees to submit the written statement of the situation of the hospital, community or village committee. In addition, the employer shall pay the same wages to the employees normally. If conditions permit, the employer may reach agreements with the employees to arrange teleworking during the isolation period.

d) Other employees who cannot return to Beijing for work due to the epidemic

     At present, due to strict traffic control measures in various places, Wuhan’s traffic closure, and some communities’ measures to forbid their residents to go out for that infected patients have been found there, the employees cannot return to work and they should be regarded as employees who cannot return to work due to the epidemic. It is required in the Notice on Issues Related to Maintaining Stability of Labour Relations During the Prevention and Control of 2019-nCoV Epidemic by the Bureau of Human Resources and Social Security of Beijing that the enterprise may arrange post-waiting for the employee after consultation with the employee and during the period of post-waiting, the enterprise shall pay the basic living expenses, not less than 70% of the city's minimum wage.

     In practice, for the employees who cannot return to Beijing for work due to the epidemic, the employer should verify the situation by asking the employees to submit the emergency measure announcement by the local government or the certification documents by local village committee or street and neighbourhood committee. The employer reach agreements with the employees to arrange postwaiting should ask the employees to confirm by email, WeChat or SMS to avoid future disputes.

iii.Suspend production

a) Employers who are facing difficulties in operation or cannot operate due to the epidemic may suspend production

     It is stipulated in the Notice on Properly Handling Labour Relationship issues during the Prevention and Control of 2019-nCoV by the General Office of the Ministry of Human Resources and Social Security that: Where enterprises suspend production within a wage payment cycle, enterprises shall pay the employees’ wages in accordance with the standards stipulated in the labour contract; Where enterprises suspend production longer than one wage payment cycle, if the employee provides normal labour, the wages paid by the enterprise to the employee must not be lower than the local minimum wage standard; If the employee does not provide normal labour, the enterprise shall pay living 22 expenses in accordance with the implementation methods stipulated by provinces, autonomous regions and municipalities.

     Article 27 of the Beijing Wage Payment Regulations stipulates that where the employer suspends work or business for reasons other than the employees’ own reasons, during a wage payment period, the employer shall pay the employees ’ wages as providing normal labour; Where the employer suspends production longer than one wage payment cycle, the wages can be paid according to the employer and the employee’s new agreement based on the labour of the employee, but not be lower than the minimum wage standard in Beijing; Where the employer does not arrange for the employees to work, the employer should pay basic living expenses, not lower than 70% of the minimum wage standard in Beijing. If the state or this municipality has otherwise stipulation, the provisions shall prevail.

     It can be seen that, when facing difficulties in operation, enterprises themselves can take measures to stop work and production without the consent of employees. However, where the enterprises themselves stop work and production, wages or living expenses shall be paid in accordance with the regulations of the Ministry of Human Resources and Social Security. In practice, employers, especially the catering and tourism industries that are severely affected by the epidemic, may promptly stop work and production. The above two regulations do not stipulate that the employer have to suspend work and production, so that parts of the enterprises suspend work and production also conforms to the policy.

b) How employers rotate job and leave or shorten working hours

     In the face of the epidemic, layoffs are not the best option, whether from the point of view of the government or of the enterprises. Letting the employees gather together and understand the difficulties of the enterprise is the best choice for the enterprise. Therefore, in the face of the epidemic, the government gives suggestions of adjusting wages, rotating job and leave, and shortening working hours

     Rotating job and leave and shortening working hours mean increasing the employees’ vacation so as to adjust the employees’ wages. To implement measures of rotating job and leave, the enterprises can adopt measures as follows:

● To negotiate with the employees separately one by one and sign the modification documents for the labour contract;

●To change the structure of wages or arrangements of working hours through democratic procedures or by altering rules and regulations in accordance with Article 4 of the Labour Contract Law.

iv.Overtime and business trip

a) Affirmation of overtime during the extended vacation

      The Notice on the Extension of the Spring Festival Holiday in 2020 by the General Office of the State Council stipulates that the Spring Festival Holiday extends to February 2nd and employees who cannot take vacation due to prevention and control of the epidemic should have compensatory vacations in accordance with the provisions of the Labour Law of the People's Republic of China. During the period that the employees cannot have vacations, the wages and remuneration shall be guaranteed in accordance with relevant policies. It is stipulated in Article 2 of the National Annual Festival and Memorial Day Holidays Regulations, the statutory holidays during the Spring Festival period are the first, second, and third days of the first lunar month, that is, January 25th, 26th, and 27th of this year. Therefore, extended holidays are not legal holidays.

     It is stipulated in Article 44 of the Labour Law that if the employee is arranged for to work on a rest day and cannot have compensatory leave, the employee shall be paid wages not less than 200% of his or her original salary. Therefore, the extended vacations of the three-day Spring Festival holiday should be regarded as rest days. If the employer cannot arrange for employees to rotate leave, the employee shall pay overtime wages 200% than the employee’s original salary.

b) How the employers arrange business trip for the employees

     The Notice on Flexible Work Arrangement of Enterprises in Beijing During the Prevention and Control of the 2019-nCoV Epidemic by Beijing Municipal People's Government aims to effectively reduce the gathering of people, but does not force the employers not to arrange work including business trip, so the employers can arrange business trip in the need of work requirements. Where the employers arrange for the employees to go on business trip to Hubei province, the employees have possibilities of being unable to return to Beijing due to the traffic control measures. During the period when the employees on business trip cannot return to Beijing due to the epidemic, the wages shall be paid as providing normal labour.

     From the aspects of humanity, in the face of the epidemic, employers should reduce business trips to avoid employees to be infected during business trips. If it is not necessary, the employers should try not to arrange for employees to travel to Hubei area. After returning to Beijing from Hubei area, the employees need to receive a 14-day home isolation period according to the regulations of the municipal government. If the employee travels to other areas other than Hubei area and returns to Beijing, the employer shall pay close attention to the physical condition of the employee, and may negotiate with the employee to suggest the employee to isolate himself at home

v.Identification of work-related injuries

It is difficult to identify the employees’ infection due to a business trip or on duty as work-related injuries. It is stipulated in the Notice on Protection for Medical Workers and Related Staff Infected with 2019-nCoV due to Performance of Their Duties by the Ministry of Human Resources and Social Security, the Ministry of Finance, and the National Health Commission that during the prevention and treatment of 2019-nCoV, medical workers and related staff who are infected with 2019-nCoV or die from infection with 2019-nCoV due to performance of their work duties shall gain identification of work injuries and enjoy work-related injury insurance in accordance with law. The document 25 directs at medical and nursing workers. In terms of personnel set to work in epidemic areas or infected with 2019-nCoV due to their duty otherwise rather than medical and nursing workers, there exist no national and Beijing provisions. However, as for volunteers for the prevention and control of the epidemic, their infection should be regarded as work-related injuries. 

     In practice, the employers shall pay the employees various social insurances including work-related injury insurance on the day of the employee's entry, if conditions permit. If the employees suffer injuries including being infected with epidemic, the employers shall promptly send the employee to a hospital for treatment, and report work-related injuries within one month. If the work-related injury administrative department confirms that it is a work injury, the wages during the period of suspension of work with pay shall be paid the same as the normal wage standard in accordance with the Regulations on Work-Related Injury Insurance.

vi.Termination and expiration of the labour contract

a) Postponement after expiration of the labour contract

      It is stipulated in the Notice on Properly Handling Labour Relationship issues during the Prevention and Control of 2019-nCoV by the General Office of the Ministry of Human Resources and Social Security that in terms of employees who are unable to provide normal labour due to the infection with or suspected infection with or close contacts with 2019-nCoV during their isolation treatment or medical observation, as well as those who are unable to provide normal labour due to government’s isolation measures or other emergency measures, during the period in which the employees cannot provide normal labour, if the labour contract expires, the contract will be postponed to the end of the employee's medical treatment, medical observation, isolation, or other emergency measures taken by the government. It is stipulated in the Notice on Issues of Employees’ Wages due to Their Care for Their Minor Children During the Prevention and Control of Epidemic by Beijing Municipal Bureau of Human Resources and Social Security and Beijing Municipal Education 26 Commission that during the period when employees care for their minor children, the enterprise shall not terminate the labour contracts; if the labour contract expires, it shall be postponed to the end of government’s isolation measures or other emergency measures

     According to the contents of the above documents, the labour contracts of the following kinds of personnel should be postponed upon expiration:

●the labour contract of infected patients or suspected patients infected with 2019- nCoV should be postponed to the end of medical period;

●the labour contract should be postponed until the end of home observation period, in terms of the employees who are required to isolate themselves by the government due to close contacts with Hubei area or the employees who are required to isolate themselves due to close contact with patients or suspected patients infected with 2019-nCoV;

● the labour contract should be postponed to the start of the minor children’s school in terms of the employees who cannot provide normal labour due to care for their minor children.

      In practice, the employers should record the employees’ travelling information, medical observation at home, and care for minors. If the labour contract expires and is not renewed, the employers shall pay attention to the expiration of renewed labour contract and timely notify the employees. If the labour contract expires and still needs renewing, the employers shall notify the employees of the renewal and confirm the employees’ agreement of renewal through electronic communication such as email, WeChat, and SMS.

b) Employers must not terminate labour contracts due to employees’ infection with 2019-nCoV

     It is stipulated in the Notice on Properly Handling Labour Relationship issues during the Prevention and Control of 2019-nCoV by the General Office of the Ministry of Human Resources and Social Security that in terms of employees who are unable to provide normal labour due to the infection with or suspected infection 27 with or close contacts with 2019-nCoV during their isolation treatment or medical observation, as well as those who are unable to provide normal labour due to government’s isolation measures or other emergency measures, enterprises shall pay them normal salaries and shall not terminate the labour contract in accordance with Articles 40 and 41 of the Labour Contract Law. That is to say, as for patients, suspected patients or close contactors, the employers cannot terminate the labour contract for the reason that the medical period expires or that the employees are unqualified for work during the isolation period, and cannot lay off employees due to economic reasons.

     From the aspects of humanity, the employers should give enough protection to the interests of patients, suspected patients or close contactors, and shall not terminate the labour contract of the three categories of people unless the employees severely disobey rules or reach agreements with the employer.

III. Guidance for the employers during the prevention and control of the 2019-nCoV epidemic

i.Security management

a) construct regulations and systems

      Article 3 of the Emergency Response Law stipulates that emergency incidents in this Law refer to natural disasters, accidents, public health and social security incidents that occur suddenly, cause or may cause serious social hazards, and require emergency measures to deal with. According to the above provisions, combined with the actual situation, the author believes that the 2019-nCoV incident should be a typical emergency. Article 22 of the Emergency Response Law stipulates that (when responding to emergencies) all units should establish and improve safety management systems, regularly check the implementation of various precautions in their units, and timely eliminate potential accident hazards; grasp and deal with issues that may cause social security incidents in their units and timely prevent those issues from becoming severer; report the situation of possible incidents and relevant precautions to the local 28 government or relevant departments of the government in accordance with the regulations.

b) Inspect and remove danger

     In addition to establishing and improving a safety management system, the employers should promptly conduct comprehensive inspections and investigations of their own precautions, focusing on the following tasks:

●Equip the employees with protective equipment: For personnel who have contact with 2019-nCoV during production and work, in accordance with Article 64 of the Infectious Diseases Prevention Law, the relevant units shall take effective health protection measures and give appropriate subsidies; as for other personnel, units and labour unions are encouraged to jointly provide protective equipment such as masks for employees.

●Collect personal information: The employer has the right to know the travelling information and health status of the employees within the necessary limits, such as the places where the employees have visited during the Spring Festival, the people who they have contacted, and whether the employees have high body temperature. During the process of collecting personal information, it is important to take confidentiality measures.

●Use protective facilities: such as proper ventilation of the office area after start of work, or disinfection of central air conditioning and other facilities.

●Carry out publicity and education: actively strengthen the knowledge and publicity of infectious diseases through various methods such as SMS, WeChat and email, and educate employees to actively a good safety protection.

c) Report and cooperation

      In accordance with Article 31 of the Infectious Diseases Prevention Law, any unit or individual shall promptly report to a nearby disease prevention and control institution or a medical institution when it finds patients or suspected patients. In accordance with Article 54 of the Infectious Diseases Prevention Law, the health administrative department has the right to enter the inspected unit and the on-site investigation to perform inspection and collect evidence, and to check or copy relevant data and collect samples, when performing its supervision and inspection duties. The inspected units shall give cooperation and shall not refuse or obstruct it. Thus, where the employer finds that its employees are patients or suspected patients, the employer should promptly report to the relevant unit; the employer should also cooperate with the supervision and inspection of the relevant health administrative department.

ii.Flexible employment

    a) Examination and approval of system of special working hours

     It is stipulated in the Notice on Issues Related to Maintaining Stability of Labour Relations During the Prevention and Control of 2019-nCoV Epidemic by the Bureau of Human Resources and Social Security of Beijing that: Enterprises affected by the epidemic may apply to the department of human resources and social security for the implementation of the system of comprehensively calculating working hours, and of rotating job and leave according to producing and operating needs; All districts should open up green channels and do a good job of administrative permission for the special system of working hours for enterprises in accordance with the law.

     In other words, affected by the epidemic, the employers can adopt more flexible working hours to ensure that they can do their best to ensure production and provide services on the basis that epidemic prevention and control are ensured. However, two points are worthy of attention: First, the employer must obtain the administrative 30 approval of the human resources and social security department before implementing the system of comprehensively calculating working hours; Second, after the system is implemented, during the intensive period of rest (usually within one month), the employer still needs to pay the employees in accordance with the normal salary standard; during the intensive period of work, if the employees work on extra days and rest days but the total working time does not exceed the legal working hours in the period of comprehensively calculating working hours, the employer does not need to pay overtime wages to the employees

b) Teleworking

     Working at home is a typical form of teleworking, that is, the daily office work will be transferred from the centralized office space of the employer to the personal residence of the employees. Generally speaking, the employer should consider jobs, positions, personnel and periods applicable at home according to its production and operation conditions. For example, since working at home is far away from the centralized office, it is generally not suitable for those who need to use the specialized facilities, equipment, materials and other kinds of support to work at home; those who do not need special support and have little physical contact with other staff can consider working at home.

     During the prevention and control of the epidemic (especially from February 3rd to February 7th in 2020), the employer may follow the stipulation in the Notice on Flexible Work Arrangement of Enterprises in Beijing During the Prevention and Control of the 2019-nCoV Epidemic by Beijing Municipal People's Government that the employer should identify personnel positions, arrange suitable personnel to work at home, and maintain normal production and operation order to the maximum extent while ensuring that the government's epidemic prevention requirements are met. In order to effectively implement the policy of working at home, employers should consider conducting online training for employees working at home, teaching related systems, and keeping records. The employer may reasonably arrange the specific tasks 31 for employees according to the actual production and operation situation and the requirements of the epidemic. The employers can supervise the employees’ work through daily and weekly reports. In principle, performance management can continue to apply to the situation of centralized offices. When employees work at home, they should continue to comply with the employer's requirements on intellectual property and confidentiality. Because employees are out of the centralized workplace and out of centralized supervision, employers can adopt blockchain and other methods to strengthen confidentiality.

c) Suspension of performance of labour contracts

      Since neither the Labour Law nor the Labour Contract Law stipulates suspension of labour contracts (that is to say, temporary suspension of performance of labour contracts), it is difficult for employers to find legal basis for unilateral suspension of labour contract even in the special period of epidemic prevention and control. However, if the employer has agreed clauses with the employee in the labour contract in advance on the suspension of performance clauses, for example, it is agreed that “the labour contract cannot be performed temporarily due to force majeure, the labour contract can be suspended. During the suspension of the labour contract, the labour relationship is retained, the performance of labour contracts is suspended, and the employer may not pay labour reward and stop paying social insurance premiums. The period of suspension of the labour contract shall not be counted as the number of working years at the units.” Or if the employer and the employee have reached the consensus, the two parties may sign Suspension Agreement of Labour Relations or alter labour contracts, stipulating matters such as wages, social insurance premiums and calculation of working age during the suspension of labour contracts.

iii.Examination and approval of returning to work and care leave

  a) For personnel returning from other places to Beijing, it is recommended that employers determine whether to force employees to isolate themselves.

    In the letter from the Beijing Centre for Disease Control and Prevention to the general public, the Beijing Centre for Disease Control and Prevention suggests that people returning from other places to Beijing should observe themselves for two weeks at home. Whether all personnel are isolated for 14 days is determined by the employer according to the specific situation: In principle, personnel from other areas other than Hubei area to Beijing should be monitored of body temperature and health condition every morning and evening within 14 days after arriving in Beijing, and those with normal temperature can go to work; Personnel who come from Hubei area or have contact with Hubei area should receive 14 days’ medical observation from the day that they arrive in Beijing, and should be monitored of body temperature every morning and evening, and must not go out

b) The employer shall require employees to disclose information about infections or suspected infections, and personal information such as the location in vacation and return routes.

      In the epidemic prevention and control work, in order to implement the requirements of government departments, the employers can collect information related to the epidemic prevention and control from employees, including name, address, email address, location information, whereabouts, health information, travel plans, contacts with specific personnel or wildlife, etc. In the process of collecting, processing, sharing or disclosing information, enterprises shall comply with the relevant laws and regulations 33 on the protection of personal information. If the employee refuses to provide the above information to the employer, the employer has no administrative authority over the employee and cannot force the employee to provide information; however, at this time, the employer should clearly inform the employee that the employee who refuses to provide information or conceals, defers, or misrepresents the information may bear administrative or criminal legal responsibility. In accordance with the Infectious Disease Prevention Law and Emergency Regulations on Public Health Emergencies, individuals who fail to perform reporting duties and refuse to cooperate with the investigation may be subject to administrative sanctions or disciplinary sanctions; if it results in the spread of infectious diseases or damage to other people’s lives and property, the individuals shall bear civil liability in accordance with the law; if it constitutes a violation of public security management, the individuals shall be punished by the public security organ in accordance with the law; if it constitutes a crime, the individuals shall bear criminal liability.

c) If the employee fails to return to work on time for fear of infectious diseases, the employer shall deal with the situation after comprehensive analysis and comprehensive judgment.

     The employer must comprehensively consider from the perspectives of social responsibility, humanized management, and staff turnover costs, and adopt flexible arrangements for working hours to adjust employment methods according to actual situation, arrange procedures for applying for medical leave and private affairs leave, or arrange annual vacations; encourage qualified employers to arrange employees to work at home, treating them as normal attendance and pay employees' wages in accordance with the law; if the employees do not agree with the vacation arrangements or it is not appropriate to arrange for them to return to work, the two parties 34 can sign Post-Waiting Agreement or Suspension Agreement of Labour Relations, or make modification of the labour contracts stipulating matters such as wages, social insurance premiums, and calculation of working age during the period of post-waiting or suspension of labour relations; the employer may also guide employees to resign or negotiate to terminate the labour relationship. If the worker refuses to return to work without any rational reason and cannot reach a consensus with the employer, the employer can deal with the situation in accordance with laws and regulations.

d) Examination and approval of care leave for the minor children

     It is stipulated in the Notice on Issues of Employees’ Wages due to Their Care for Their Minor Children During the Prevention and Control of Epidemic by Beijing Municipal Bureau of Human Resources and Social Security and Beijing Municipal Education Commission that employees of various enterprises in Beijing can apply for care leave for the minor children, and if the employees are qualified, enterprises should approve the application. According to the above notice, the application conditions of care leave are that there exist minor children (under 18 years old) in the family and that the spouse does not have the care conditions or care ability (including but not limited to normal duty of the spouse, divorce of couple, etc.)

    In practice, if the employer receives the application for care leave from the employee, it may require the employees to follow the corresponding leave procedure and leave methods in accordance with the rules and regulations, and require the employees to provide relevant original certification documents according to their actual situation, including but not limited to: identification of the minor child (birth certificate, identity card, etc.), proof that the minor child and the employee are on the same booklet of household register or proof of cohabitation, proof of spouse's employment issued by the spouse’s unit, etc. At the same time, if the employer has doubts about the necessity for employee to take care leave, it is recommended that the employer ask the employee to provide a written commitment (including but not limited to the form of email, WeChat SMS, etc.), so that the employee can guarantee the authenticity of the certification materials provided and the necessity to care for minor children; if the employee is temporarily unable to provide the original certification materials due to objective reasons or the employee refuses to provide the original certification materials according to the employer's requirements, it is also inappropriate for the employer to directly consider terminating the labour contract due to the absence of duty and other serious misconduct. The employer can deal with the workers accordingly after careful inspection. In addition, employers need to be reminded that, if the employers have the conditions, employers can also arrange for employees who care for their minor children at home to work at home through telecommuting such as telephone or Internet, or arrange job and leave rotating after consultation with the workers, or comprehensively use rest days within the year.

iv.Payment of wages

     In accordance with Article 7 of the Temporary Provisions on Wage Payments of the former Ministry of Labour, wages must be paid on the date agreed between the employer and the employee. In case of holidays or rest days, payment should be made in advance on the nearest working day. Affected by the epidemic, the State Council issued a document to extend the Spring Festival holiday until February 2nd in 2020. Because the current epidemic situation cannot be foreseen in advance, if the employer's wages are paid incorrectly due to epidemic prevention and control and the employer fails to timely pay wages due to the current objective reasons, the 36 employer should timely inform the employees and pay the wages. Under normal circumstances, the employer does not need to bear the adverse consequences of failing to timely pay wages at this time.

v.Onboarding and resigning

a) Recruitment and Employment

●Employers must not refuse to recruit cured personnel and personnel from infected areas to Beijing. Article 3 of the Employment Promotion Law stipulates that employees have the right of equal employment and independent employment. Employees are not discriminated against due to differences in nationality, race, gender, and religion. Article 30 of the Employment Promotion Law stipulates that employers must not refuse employment on the grounds that they are carriers of infectious diseases. Therefore, if a person with 2019-nCoV is cured, the employer must not refuse to accept the person because of his or her previous infectious disease, and must not conduct any employment discrimination against people who come to Beijing from the infected area.

●Where the employer has issued an employment offer to the applicant, it shall not be cancelled on the grounds of epidemic prevention and control. The civil acts of the employer issuing an employment offer to the applicant are binding on the employer. From the perspective of the spirit of the contract and the credibility of the employer, it is not recommended that the employer cancel employment on the grounds of epidemic prevention and control. Otherwise, it may be liable for contracting negligence. If it is really necessary to adjust the entry date due to the epidemic prevention and control (such as the person to be recruited is from Hubei, or is isolated or treated, etc.), it is recommended that the employer can solve the problem by reaching agreements with the applicant to change the date of entry.

b) Treatment of employees resigning themselves

     Article 37 of the Labour Contract Law stipulates that the employee may terminate 37 the labour contract by notifying the employer in writing 30 days in advance. Employees who have applied for resignation before the Spring Festival, and now that the resignation procedures cannot be processed in time due to the extended holiday and the epidemic prevention and control, which will not affect the effectiveness of resignation. According to the theory of civil law in China, that a unilateral act invokes legal effect is called the right of formation. According to the basic theory of the right of formation, the legal effect takes place after the right of formation is exercised. Therefore, if the employee resigns in the light of his or her true will (there is no threat of fraud and coercion to take advantage of others), though the employee cannot process the resignation due to the epidemic prevention and control causing extended holiday, the legal effect of the previous resignation will not be affected. It is necessary to pay attention to that that the resignation procedure is postponed. Correspondingly, it is also recommended that the employer and the employee negotiate and change the date of resignation. If the change will involve the payment of social security insurance premiums and accumulation fund, the employer should also pay in accordance with the existing situation of labour relationship.

c) Path choice of employer's unilateral termination of the labour contract

      Article 42 of the Labour Contract Law states that employers shall not terminate the labour contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee is in one of the following circumstances: (6) Other situations stipulated by law or administrative regulations. The employee is taken compulsory isolation measures because he or she is diagnosed with infection or suspected infection, which belongs to the situation stipulated in Article 39 of the Infectious Diseases Prevention Law, which complies with the above Article (6). Therefore, during the period of employees’ isolation, the employer must not terminate the labour contract in accordance with Articles 40 and 41 of the Labour Contract Law. However, employees, infected with 2019-nCoV and thus isolated, cannot do whatever they want with this reason. If there exists a serious legal fault situation as stipulated in Article 39 of the 38 Labour Contract Law, such as submitting application for medical leave not in accordance with regulations, failing to return to work in accordance with regulations, providing false certification materials to apply for leave, etc., the employer can also unilaterally terminate the labour contract in accordance with law and relevant regulations without prior notice and without needs to pay the compensation. In addition, if the employee refuses to accept medical advice such as inspection suggestions, isolation and treatment, or the employee intentionally spreads the 2019-nCoV, if the employee seriously violates the employer’s rules and regulations or even constitutes a crime, the employer can also terminate the labour contract in accordance with Article 39 of the Labour Contract Law

     If the employer is severely affected by the epidemic and has difficulties in continuous production and operation after taking various measures, the employer may lay off staff to the minimum extent. When the enterprise has serious difficulties in production and operation, the enterprise can negotiate with employees to adjust salary, rotate job and leave, shorten working hours, and other ways to stabilize jobs. However, if individual employee does not agree after negotiation, the employer may terminate the labour contract in accordance with Article 40 (3) of the Labour Contract Law that the employer can terminate the labour contract 30 days in advance or pay one-month wages ahead of time if the labour contract cannot be performed based on a major change in objective circumstances. But it is necessary to follow the legal procedures such as notification to the labour union, otherwise the termination of the labour contract may be illegal. If more employees do not agree to alter the labour contract through negotiation, the employer may lay off staff through the legal procedures in accordance with Article 41 of the Labour Contract Law. However, it is stipulated in Article 2 of the Notice on Properly Handling Labour Relationship issues during the Prevention and Control of 2019-nCoV by the General Office of the Ministry of Human Resources and Social Security that the employer should try to minimize or reduce layoffs as much as possible.

vi.Social insurance

      In accordance with Opinions on Further Improving the Stability of Employment by the State Council, the implementation period of the policy extends to December 31st in 2020 in terms of the policy of unemployment insurance in order to stabilise employment and try to minimize or reduce layoffs. In accordance with the Notice on Properly Handling Labour Relationship issues during the Prevention and Control of 2019-nCoV by the General Office of the Ministry of Human Resources and Social Security, enterprises which undergo difficulties in production or operation due to the 2019-nCoV epidemic may reach consensus with employees to adopt methods such as adjusting salary, rotating job and leave, shortening working hours, etc. so as to stabilize the employment, trying to minimize or reduce layoffs. Eligible enterprises can enjoy job stabilization subsidies in accordance with relevant regulations (namely, return of unemployment insurance premiums).

    In addition, it is stipulated in the Notice on Further Improving Work Related to Human Resources and Social Security in Beijing during the Prevention and Control of Epidemic by Beijing Municipal Bureau of Human Resources and Social Security that according to the relevant provisions on the flexible work arrangement of enterprises, the collection period of social insurance premium in Beijing shall be timely adjusted during the prevention and control of epidemic, which shall timely notify to society, so as to ensure that various social insurance benefits and interests are not affected by the epidemic. The collection period of social insurance premiums in January and February 2020 extends to the end of March. The collection period of social insurance premiums in the period of the epidemic of those enterprises which are significantly affected by the epidemic can extends to the end of July after confirmation of relevant competent authorities.