China
China: Delayed Responses During Work from Home Amount to Cause for Termination of Employment
The Beijing No. 1 Intermediate People’s Court held that the employee shall accept employer’s reasonable adjustment of management methods due to the COVID-19 pandemic and the employee’s delayed responses, without justification during work from home, amount to a legitimate cause for termination of employment.
Mr. Yang (“employee”) served as an algorithm engineer at a technology company (“employer”). Due to the pandemic, the employer had arranged for the employee to work from home since 2020 and required the employee to keep online during working hours and respond within half an hour. However, the employee responded to his supervisor hours later on multiple occasions or even did not respond within the same day, based on which the employer issued three warning letters to the employee and eventually terminated the employment. The employee argued that his delayed responses were due to being occupied by other work tasks, and then filed labour arbitration and started court proceedings with the claims to find the employer’s wrongful termination of employment and payment of indemnification.
The Beijing No. 1 Intermediate People’s Court heard the dispute and eventually ruled in favor of the employer based on: (1) it was unavoidable for employers to adjust management methods during the pandemic period and employees shall accept such reasonable adjustment; (2) the employee failed to provide reasonable explanations for delayed responses which had seriously violated the labour discipline; and (3) the employer’s termination of employment with the employee was legitimate.
Key Action Points for Human Resources and In-house Counsel
It is noteworthy that the No. 1 Beijing Intermediate Court reasoned in its judgment, that employees shall accept the employer’s reasonable change of management method during the pandemic period, e.g. work from home through online office systems. This case provides a good reference for employers in China on how to exert effective staff management even during the pandemic period, when working from home is adopted.
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.
Hong Kong and Macao Provide Visa Facilitation Policies for those Inoculated with Chinese COVID-19 Vaccine
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.
China Lifts Travel Ban for Foreigners Holding Three Types of Chinese Residence Permits
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.
China: Passengers Shall Provide Certificate on Negative Result for Nucleic Acid Testing before Boarding Flights to China
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.