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Notice by the General Office of the Ministry of Human Resources and Social Security of Issues Concerning Properly Handling Labor Relations during the Prevention and Control of the Outbreak of Novel Coronavirus Pneumonia (COVID-19) [Effective]
人力资源社会保障部办公厅关于妥善处理新型冠状病毒感染的肺炎疫情防控期间劳动关系问题的通知 [现行有效]
【法宝引证码】

Notice by the General Office of the Ministry of Human Resources and Social Security of Issues Concerning Properly Handling Labor Relations during the Prevention and Control of the Outbreak of Novel Coronavirus Pneumonia (COVID-19) 

人力资源社会保障部办公厅关于妥善处理新型冠状病毒感染的肺炎疫情防控期间劳动关系问题的通知

(No. 5 [2020] of the General Office of the Ministry of Human Resources and Social Security) (人社厅明电[2020]5号)

The human resources and social security departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps: 各省、自治区、直辖市及新疆生产建设兵团人力资源社会保障厅(局):
For purposes of effectively preventing and controlling the outbreak of novel coronavirus pneumonia(COVID-19) (hereinafter referred as to the “outbreak”), properly handling labor relations during the prevention and control of the outbreak, safeguarding the lawful rights and interests of employees, guaranteeing the normal order of production and trade of enterprises, and promoting harmonious and stable labor relations, you are hereby notified of the relevant issues as follows: 为做好新型冠状病毒感染的肺炎疫情防控工作,妥善处理好疫情防控期间劳动关系问题,维护职工合法权益,保障企业正常生产经营秩序,促进劳动关系和谐稳定,现就有关问题通知如下:
I. For employees who are patients or suspected patients infected with COVID-19 or their close contacts during the period of receiving treatment in isolation or the medical observation period and who are unable to normally provide work as a result of the quarantine measures or other emergency measures taken by the government, their employers shall pay remuneration to such employees during the periods and shall not terminate employment contracts with such employees in accordance with Articles 40 and 41 of the Employment Contract Law. If employment contracts expire during the periods, the employment contracts will automatically extend until the expiration of the medical treatment period, the medical observation period or the quarantine period or the end of emergency measures taken by the government.
......
   一、对新型冠状病毒感染的肺炎患者、疑似病人、密切接触者在其隔离治疗期间或医学观察期间以及因政府实施隔离措施或采取其他紧急措施导致不能提供正常劳动的企业职工,企业应当支付职工在此期间的工作报酬,并不得依据劳动合同法四十条四十一条与职工解除劳动合同。在此期间,劳动合同到期的,分别顺延至职工医疗期期满、医学观察期期满、隔离期期满或者政府采取的紧急措施结束。
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