Jun 2｜Employment Relation Management during the Pandemic
疫情期间劳动关系管理
Can an employer reduce its workers’ salary unilaterally to survive during the epidemic?
How does the employer reduce HR cost lawfully?
Does the employer have the right to require workers to be vaccinated against COVID-19?
Can an employer layoff its workers due to difficulties during the epidemic period?
雇主能在疫情期间单方面降低工人工资吗？
雇主如何合法地降低人力资源成本？
雇主是否有权要求工人接种covid-19疫苗？
雇主能否在疫情期间因困难而裁员？
Time:
June 2,2022
14:00-16:00
Speaker:
The Foreign Affairs Business Center of Jingsh Shanghai Office is able to render full-range legal services including but not limited to labor and personnel, tax planning, intellectual property rights, financing and IPO and compliance management.
曾国文律师, 北京市京师（上海）律师事务所执业律师，2002年开始在上海执业，擅长处理民商事法律事务。主要业务领域：劳动人事，涉外婚姻家事，诉讼仲裁，企业中英双语法律培训。
京师上海涉外业务中心可以为中外资企业提供包括但不限于劳动人事、税务筹划、知识产权、融资上市、合规管理等多领域专业法律服务。
Section One Brief introduction to relevant polices
Notice on Properly Handling Labour Relations during the Prevention and control of the Novel Coronavirus Outbreak Issued by the General Office of the Ministry of Human Resources and Social Security on January 24, 2020
Advice on Stabilizing Labor Relations and Supporting Enterprises to Resume Work and Production During the Prevention and Control of Pneumonia Caused by Novel Coronavirus issued jointly by Ministry of Human Resources and Social Security and other four departments on February 7,2020
Circulars on Implementation of Measures for Support and Safeguard against Novel coronavirus-caused Pneumonia issued by Shanghai Municipal Human Resource and Social Security Bureau on January27,2020
Several Policies for Supporting Fighting the Epidemic issued by Shanghai Municipal Human Resource and Social Security on March 27, 2020
Advice on Guidance for Handling Labor Dispute Cases under Influence of the Epidemic jointly issued by Shanghai High Court and Shanghai Municipal Human Resource and Social Security Bureau on April 13,2020
Opinions on Safeguarding Prevention and Control of the Epidemic and the Social and Economical development through Judiciary Service issued by Shanghai High Court on March 31, 2022
Questions and Answers Regarding Handling of Employment Relations during the Epidemic jointly issued by Shanghai High Court and Shanghai Human Resource and Social Security Bureau
Section Two Employment management
Does the employer have the right to require workers to be vaccinated against COVID-19?
How does an employer handle its worker who is not subject to the epidemic prevention and control refuse to return to work because of the epidemic?
What management measures can employers take if their workers violate epidemic prevention and control measures during their work, or falsify epidemic prevention and control information in order to delay the resumption of work?
Do workers have the right to refuse business trips arranged by employers to medium-high risk areas where epidemic prevention and control measures have not been lifted?
Can employers arrange business trips to low-risk areas where epidemic prevention and control measures have been lifted?
Can employers refuse to allow their workers who contracted novel coronavirus pneumonia but cured to return to work?
Where workers are unable to return to their posts or employers are shut down due to government’s epidemic prevention and control measures, How do employers manage and calculate their salaries?
Workers who are COVID-19 patients, pathogen carriers, suspected patients or close contacts cannot provide normal work due to the epidemic prevention and control measures. How do the employers pay their salaries?
Can employers change its workers’ jobs during the epidemic?
If employers cannot sign or renew paper labor contracts with workers in a timely manner due to epidemic control measures, can they use electronic signatures?
Can an company share its workers with another company during the epidemic?
Can an employer whose operation is affected greatly by the epidemic reduce its workers’ salary and wage unilaterally? How does the employer bring human resource cost down to survive?
Section Three Termination of the labor contract
During epidemic prevention and control, how do you deal with the termination of labor contracts when they expire?
Can the employer terminate the labor contract if its workers are unable to attend work due to epidemic prevention and control?
Can the employer terminate the labor contract if the worker is suspected or COVID-19 confirmed?
Can the employer terminate the labor contract if its worker goes out without authorization in violation of the government’s epidemic prevention and control measures or refuses to cooperate with quarantine inspection?
Can employers terminate their labor contracts based on workers forwarding false epidemic information and prevention and control policies?
Can employers negotiate with their workers to terminate labor relations during the epidemic?
Can an employer layoff its workers due to difficulties during the epidemic period?
If the dispatched personnel are quarantined due to epidemic prevention and control measures, can the employer return the dispatched personnel to the labor dispatch company?
Can an employee unilaterally terminate the labor contract and ask for severance pay on grounds that its employer failed to pay salary on time or social insurance premium during the epidemic?
