Q11: Can employers reopen during the official extended holidays of the Spring Festival? Can employers keep suspended after the extended holidays?
Enterprises shall not reopen without approval. In accordance with relevant policies，except for those enterprises related to the protection of urban and rural operations, the prevention and control of epidemic, the needs of people's lives, and other enterprises that are urgently required to reopen in connection with important national economy and people's livelihood, for Hong Kong & Macao, and under special circumstances, other enterprises that will reopen without the approval of government departments will bear civil, administrative or even criminal liability. Enterprises can keep suspended after the extended holidays, however, payment to employees are required during the suspension according to laws and regulations.
Q12: Can employers arrange annual vacations during the extended holidays?
From February 3 to February 7, the government requires employers to stop work due to special reasons, and the employers cannot deduct employees’ annual vacations because of the extension of holidays. As February 8th and 9th are rest days, annual vacations cannot be arranged either.
Q13: What if employees cannot return to work due to the Outbreak after 24:00 on February 9th?
Employers have the right to give priority to arranging paid annual leave for employees.
Q14: Can employees refuse to work for fear of infected with Coronavirus?
No. The labor relationship has the basic attribute of personal dependency. When providing labor to the employer, the employee shall abide by the employer’s arrangement. Unless there are special circumstances or an exception in the labor contract, the employee shall obey the employer’s work arrangement. After the expiration of the extended holidays prescribed by the government, if there are no special circumstances, employees should go working as normal, otherwise they should bear corresponding legal responsibilities.
Q15: Is infection with new coronavirus pneumonia a work-related injury?
Two situations will be identified as work-related injuries: "infected due to performance of work duties" and "infected due to work travel to Hubei Province"