China: Judicial Opinions on Civil Disputes Concerning Coronavirus Outbreak Prove Relevant for Employment Disputes

Judicial Opinions Issued by the High People’s Court of Zhejiang Province on Hearing Civil Disputes Related to the Novel Coronavirus Pneumonia.

In order to control the spread of the novel coronavirus pneumonia (“NCP”), the Ministry of Human Resources and Social Security (“MoHRSS”) has announced two circulars to stabilise employment relationships during the period of NCP control and prevention, and guide employers to resume normal work after the extended Chinese New Year Holiday.  The High People’s Court of Zhejiang Province, as the judicial body, has recently issued opinions, which confirmed the two circulars from the MoHRSS and provided further guidance for employers in terms of salary payments, work-related injury identification, application of medical treatment periods and employment termination during the NCP prevention and control period (“Judicial Opinions”).  The Judicial Opinions were viewed as the first high-level judicial instrument in the nation to support the NCP prevention and control measures that have been implemented thus far, and provide rules to adjudicate NCP-related employment disputes, by striking a balance of interests between employers and employees.

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