China

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.

The Shanghai High People’s Court and the Shanghai Human Resources and Social Security Bureau jointly published the Guiding Opinions on Judicial Hearing of Labor Disputes under Influence of the COVID-19 (the “Guiding Opinions”).  The Guiding Opinions emphasise four general principles to be followed by different levels of courts when hearing labour dispute cases under the influence of COVID 19.  With regard to the relationship between the employer and employee, the four principles are (1) insisting on negotiation and resolving labour disputes through settlement; (2) insisting on balanced protection for both the company’s business interests and individual personal rights; (3) insisting on stabilisation of employment contracts and reducing termination of employment; and (4) insisting on cooperation for further performance of employment through change of working hours, workplace and performance methods.  In addition, the Guiding Opinions also clarify about the applicable rules for salary payment, suspension of operation, employment contract termination, severance payment, reduction or delayed payment of salary, the model of shared employees, and calculation of the statutory limitation period under the influence of COVID-19.

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.