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published on 21 February 2020 | reading time approx. 3 minutes
In light of the recent coronavirus (Covid-19) outbreak in Wuhan, employers in China are facing various challenges, not only from an economic point of view, but also from a labor law perspective as well as considering the general health and safety of its employees.
In this regard, alongside recently issued emergency measures by the government and local municipalities, as a basis also long-standing general laws and regulations related to public health and work safety apply and need to be followed. Basic rights and obligations are set out in foundational legislation such as the Labor Contract Law of the People's Republic of China (“PRC”), the Labor Law of the PRC (Chapter 6), the Work Safety Law of the PRC or in special industry-related legislation and rules.
Moreover, Chinese labor contracts must include provisions regarding the work safety of employees, which are however often of a rather general and descriptive nature.
Since the outbreak of the coronavirus, local governments in China have published a series of notices about epidemic prevention and control as well as safe production upon resumption of work.
In the following we provide eight practical suggestions for enterprises upon resumption of work and production:
Employers are advised to assign special personnel which shall be responsible for the handling of the health and safety measures implemented in the company. The task force may also adopt a certain Action Plan in written form for documentation purposes and review and update existing internal health and safety regulations specified in labor contracts or internal company rules.
Employers should also consider to arrange special trainings for its employees in order to inform and teach them about necessary precautionary measures (e.g. frequent hand washing, using disinfectant, avoiding mass gatherings) and improve the safety awareness of all employees.
On 14 February 2020 the Office of the Leading Group for Prevention and Control of the New Coronavirus Pneumonia Epidemic in Beijing published a notice saying that from that day on, all people returning to Beijing should stay at home or stay under intensive observation for 14 days. The quarantine can be fulfilled at home or for example in an hotel.
However, based on a newly issued notice of the People's Government of Beijing Municipality from 21 February 2020 there are seven exceptions to this quarantine regulation, for instance for people, who have not stayed in China for the last 14 days and who directly entered Beijing via one of its two international airports; when entering China, a health form shall be filled in and a declaration of health shall be made, a temperature measurement shall be accepted, a mask shall be worn and distance between persons shall be maintained. Another exception applies for persons who have special needs during the quarantine (e.g. pregnant women or sick persons); they can leave the quarantine by following the doctor's instructions for medical examination..
In addition, employers are advised to provide necessary protective equipment. All working units should be equipped with masks, thermometers, disinfectants and other necessary protective equipment.
Employers should take care of regular cleaning and disinfection of the workplace, especially of common areas, and keep good records thereof.
The workplace should be ventilated on a frequent basis according to national and local rules, either by natural ventilation or ventilation devices.
If possible, it is advised that employees do not all go to the workplace canteen at the same time in order to avoid mass gatherings.
Employers that learn of a coronavirus case or suspected case are obliged to report the case to the relevant local health or disease prevention authority in a timely and truthful manner. They should also take care that the respective employee receives prompt medical treatment and follows the required isolation procedures. Please note that the above key points are a mere summary and basic suggestion based on different local rules, but do not constitute a comprehensive set of measures in any case, as the necessary measures depend on the location and special industry of the enterprise. Employers are advised to frequently examine and analyse national and local developments in the cities where they are operating or have employees, since many cities in China have issued own local rules and regulations containing rather detailed requirements upon the resumption of work.
For instance in Beijing, among other notices and regulations, several local departments have jointly issued a “Notice to Further Strengthen the Prevention and Control of the Epidemic in Commercial Buildings, Shopping Malls and Restaurants” on 11 February 2020. In addition, the Beijing Municipal Emergency Management Bureau has issued a “Notice on the Five Strict Implementation Measures to Ensure the Safety of Production during the Resumption of Production” on 12 February 2020.
Pursuant to Chinese Labor Law and Labor Contract Law, where employers fail to provide sufficient safety protections, employees have the right to criticize the employer's acts which endanger their life and health and to report such acts to government authorities. Employees may also refuse to perform risky operations or orders or even terminate their labor contract without notice when given such an order. In such cases, the employer is generally obliged to pay severance payment to the employee.
Moreover, any failure to meet the abovementioned obligations may result in administrative sanctions, civil liability or even criminal liability.
Coronavirus: What you need to know
Sebastian Wiendieck
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Jiawei Wang, LL.M.
