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Edited Time: May 5, 2022Edited by: adminCategory: Publications

This is to further address some relevant common queries related to the epidemic and the corresponding measures in the way of Q&A.

Question 5: How to pay the salary during the period of work-from-home?

According to The Opinions on Stabilizing Employment Relationship and Supporting Employers’ Resumption of Work and Production During the Period of Epidemic Prevention of the Novel Coronavirus (Document Number: Ren She Bu Fa [2020] No. 8) issued by the Ministry of Human Resources and Social Security, All-China Federation of Trade Union, China Employer Confederation/China Employer Directors Association, All-China Federation of Industry and Commerce, employers may arrange for employees to work from home if such employees are affected by the epidemic and are unable to return to work on time. According to the Notice on Supporting Enterprises in the Safe and Orderly Resumption of Work and Coordination of Labor Relations during the Period for Prevention and Control of the Novel Coronavirus-infected Pneumonia Epidemic issued by the General Office of the All-China Federation of Trade Unions (Document Number: Gong Fa Dian [2020] No. 4), for employees who are arranged by the enterprise to work from home in a flexible way, the salary shall be paid according to the salary income during the normal working period.

Enterprises that do not have the conditions for remote offices, may negotiate with employees to arrange the paid annual leave, and welfare leave set by the enterprises. Then, on the basis of giving consideration to the legitimate rights and interests of both enterprises and employees, such measures may help enterprises reduce the losses caused by the epidemic as much as possible. During the delayed resumption of work or suspension to work affected by the epidemic, the employees are still not able to provide work normally after using up all kinds of leave, the enterprises may consult with the employees with reference to the relevant provisions of the state on salary payment during the shutdown, and pay the salary according to the standards specified in the labor contract within one salary pays cycle, then if the period will exceed one salary pays circle, the relevant living expenses shall be paid by the employers.

Question 6: During the epidemic prevention and control period, if some persons try to fabricate and spread all kinds of rumors that cause anxiety and panic and disrupt public order, what legal responsibilities should they bear?

Whoever spreads rumors and disturbs the public order shall bear administrative responsibilities. According to the Public Security Administration Punishments Law of the People’s Republic of China (2012 Amendment), anyone who intentionally disturbs the public order by spreading any rumor, giving false information about the situation of any risk, epidemic disease, or emergency, or by any other means shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined RMB500. If the circumstances are relatively lenient, he (she) shall be detained 5 days or less or be fined not more than RMB500.

In a more serious case, he/she shall be investigated for criminal responsibility according to law. According to the Notice for the Opinions on Punishing Criminal and Illegal Activities that Hinder the Prevention and Control of Novel Coronavirus Pneumonia (Document Number: No. 7 [2020] of the Supreme People’s Court) issued by the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice, if the spreading of rumors is serious, it may constitute the following crimes: (1) crime of fabricating and intentionally spreading false information, or (2) crime of provocation.

According to the Civil Code, anyone who fabricates or spreads rumors, insults or slanders others, or infringes upon others’ right of reputation, honor, or privacy and other personal rights shall bear corresponding civil liability according to the law.