China

In the month of March 2021, the Offices of the Commissioner of the Ministry of Foreign Affairs of the PRC in the Hong Kong and Macao Special Administration Regions have both announced visa facilitation policies for those inoculated with Chinese vaccine against the COVID-19. The new visa facilitation policy in Hong Kong explicitly prescribes that the visa application process for inoculated foreign citizens who need to resume work in mainland China shall follow the same rules as before the COVID-19 and the new visa policy also expands its applicable scope for granting humanitarian visa, covering the visit purpose such as family reunion, caring for the elderly, attending funerals or visiting critically ill immediate families. As for Macao, the new visa facilitation policy requires the applicants to provide proof for residence in Macao for more than 28 days in addition to the certificate for being inoculated with Chinese vaccine against COVID-19. These new visa policies are promulgated in order to further support the recovery of people exchange and the development of society and economy of Hong Kong and Macao.

Zhong Lun attorneys are available to assist you with these and other workplace issues. For more information, visit www.zhonglun.com.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

On 23 September 2020, the Ministry of Foreign Affairs and the National Immigration Administration jointly announced that beginning at 0:00 hours on 28 September, foreign nationals holding valid Chinese residence permits for work, private affairs and family reunification, will be allowed to enter China, without having to re-apply for a new visa. If the three types of residence permits held by foreign nationals expired after 0:00 hours on 28 March 2020, the holders may present the expired residence permit and relevant materials to Chinese Embassies and Consulates abroad, when applying for a corresponding visa to enter China, provided that the holder’s purpose for visiting China remains unchanged. Any personnel permitted to enter China, shall strictly abide by the regulations on pandemic prevention in China. The Chinese government will restore the personnel exchange by Chinese and foreign nationals in a gradual and orderly manner, on the premise of ensuring pandemic prevention and safety.

Zhong Lun attorneys are available to assist you with these and other workplace issues. For more information, visit www.zhonglun.com.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

On 20 July, the Civil Aviation Administration of China, the General Administration of Customs and the Ministry of Foreign Affairs published the Announcement on Presenting Negative Results of COVID-19 Nucleic Acid Tests before Boarding by Passengers Taking Flights Bound for China (the “Announcement”).  The Announcement requires that Chinese and foreign passengers shall complete COVID-19 nucleic acid testing 5 days before boarding flights to China, and the testing shall be carried out in the institutions designated or recognized by overseas Chinese Embassies or Consulates.  For Chinese passengers, they shall take photos and upload the negative result for nucleic acid testing to the mini program of the international version of the pandemic prevention and control health code, while for foreign passengers, they shall provide the negative result for nucleic acid testing to the Chinese Embassies or Consulates to apply for a declaration of health status.

Zhong Lun attorneys are available to assist you with these and other workplace issues. For more information, visit www.zhonglun.com.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

A logistic company (the “Employer”) has suspended operation since 3 February 2020 in accordance with the COVID-19 pandemic prevention and control measures implemented by local government.  As an employee of the Employer, Mr. Zhang (the “Employee”) did not receive salary at the end of February and was informed by the HR department that his employment contract had been suspended.  The Employee filed to the arbitration committee claiming for salary of February, but the Employer argued that the employment contract was suspended due to force majeure.  Both the arbitration committee and the court ruled in favor of the Employee and opined that (1) force majeure is a statutory clause under PRC civil laws to exempt equal parties from contractual obligations, but PRC labor and employment laws do not introduce a force majeure exemption clause since the employment relation is a subordinate asymmetric relationship, which is different from civil relationship between two equal civil parties; (2) if the Employer simply suspends employment contract due to force majeure, it would directly impact the employee’s source of income and livehood; and (3) where the employment contract is not performable due to the COVID-19 pandemic, employers and employees may amend employment contract upon mutual consent instead of suspending employment contract unilaterally.

Zhong Lun attorneys are available to assist you with these and other workplace issues. For more information, visit www.zhonglun.com.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.

On 22 June 2020, three departments, including the Ministry of Human Resources and Social Security (the “MOHRSS”), issued the Circular on Extending the Period for Implementing Provisional Reduction and Exemption of Employers’ Social Insurance Contributions (the “Circular”).  The Circular specifies that each province, autonomous region, municipality directly under the central government, and the Xinjiang Production and Construction Corps may extend the period for implementing the policies that exempt small-and medium-sized enterprises (SMEs) and micro firms from contributions to three types of social insurance, till the end of December 2020.  Each province (except Hubei Province) may extend the period for implementing the policies that exempt large companies and other insured entities from half of the contributions to three types of social insurance, until the end of June 2020.  Meanwhile, Hubei Province may also extend the period to the end of June 2020, for implementing the policies that exempt large companies and other insured entities from making contributions to three types of social insurance. The Circular is believed to further relieve employers’ social insurance burdens during the coronavirus pandemic.

Zhong Lun attorneys are available to assist you with these and other workplace issues. For more information, visit www.zhonglun.com.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.