The prevention and control of COVID-19 in Shanghai has achieved initial results. According to the press conference on epidemic prevention and control held on May 16, Shanghai is vigorously and orderly promoting the resumption of work and production in accordance with the principles of "orderly liberalization, limited flow, effective control and classified management". In order to help enterprises timely understand and grasp the legal risks that may be faced in the process of resumption of work and production, Hillhouse Law firm sorted out and suggested some legal problems involved in the process of resumption of work and production, so as to guide enterprises to achieve legal and compliant operation.

一、Enterprises may not, in violation of regulations, resume work ahead of schedule without authorization.

If an enterprise violates local regulations to resume work ahead of schedule and affects epidemic prevention and control work, the enterprise and its responsible person may be punished with administrative penalties such as warning, fine or detention according to relevant laws and regulations. If the early resumption of work leads to the spread or epidemic of infectious diseases, causing damage to the person or property of others, the enterprise shall also bear the liability for civil tort compensation. Whoever refuses to implement the preventive and control measures put forward by the health and anti-epidemic agency in accordance with the Law on the Prevention and Control of Infectious diseases, which causes the spread of infectious diseases or poses a serious risk of such spread, shall be investigated for criminal responsibility of the unit and the principal person in charge or the person directly responsible according to law. Therefore, enterprises that really need to resume work in advance must strictly implement the enterprise advance return to work preparation system.

二、Enterprises should strictly implement the main responsibility of epidemic prevention and control to reduce or avoid internal infections after returning to work.

First, formulate work resumption plans and emergency plans before the resumption of work, and submit the plans to the local epidemic prevention and control authorities for approval. Second, strengthen site management responsibilities. Implement the classified management of places, and strengthen the cleaning and disinfection of places. Third, strengthen employee management. Implement daily staff health monitoring and protection, and achieve full coverage of staff epidemic prevention and production safety management; Implement whole-process closed management to minimize personnel exchanges; Strengthen the education of employees on epidemic prevention and control and work safety, carry out training and publicity on epidemic prevention and work safety, and enhance employees' awareness and ability of self-protection.

三、After the resumption of work and production, enterprises shall have the legal obligation of epidemic prevention and control.

According to the Law on Prevention and Control of Infectious Diseases and the Law on Emergency Response, enterprises shall comply with the notices and policies of Shanghai governments at all levels on epidemic prevention and control and resumption of work, comply with the requirements of the government on production and operation and resumption of work, and have the obligation to do a good job in daily management of epidemic prevention and control, and arrange production and business activities in strict accordance with the requirements of the local government.

四、After the resumption of work and production, enterprises have the right to collect necessary information about the epidemic from employees.

According to the relevant provisions of the Law on the Prevention and Control of Infectious Diseases, enterprises have the right to collect information about the epidemic from employees, including travel, current living conditions, physical conditions and other information. However, at the same time, enterprises should note that the information collected can only be used for epidemic prevention and control needs and necessary confidentiality measures should be taken, and information unrelated to the epidemic should not be collected.

五、After the resumption of work and production, enterprises face the pressure caused by the epidemic on production and operation, which can be alleviated by policies.

Faced with the impact of the epidemic on market economic activities, Governments at all levels in Shanghai have successively issued the "Several Policies and Measures of Shanghai Municipality to Combat the Epidemic and Help Enterprises Promote Development", the "Operating Rules of the Shanghai Municipal Tax Bureau of the State Administration of Taxation to Combat the Epidemic and Help Enterprises Promote Development Tax Policy", and the "Notice of the Shanghai Municipal Finance Bureau on the reduction of housing rents for small and micro enterprises and individual industrial and commercial households by municipal administrative institutions in Shanghai in 2022. "And a series of documents to help enterprises rescue and recover their vitality. Enterprises should actively study and judge, and make full use of these policies in combination with their own actual conditions to alleviate the operating pressure: first, apply for "stable post subsidies", for eligible enterprises, can enjoy stable post subsidies according to regulations. Second, continue to pay attention to the local government of the enterprise, the industrial agglomeration area, industrial park and even the rented property company's policy preferences and support measures and take the initiative to apply, such as financial support, social security deferment, tax deferment and so on. Third, we will strive for rent reduction and exemption. Small and micro enterprises and individual industrial and commercial households renting houses of state-owned enterprises can apply for rent reduction and exemption according to regulations. Other businesses that rent non-state-owned houses can take the initiative to communicate and negotiate with the lessor or property owner of the office space to obtain a part of the rent reduction.

六、After the resumption of work and production, enterprises can delay the payment of wages on the grounds of difficulties in the flow of funds caused by the impact of the epidemic.

Enterprises can delay the payment of wages for one month on the grounds of the impact of the epidemic. According to the opinions of the Ministry of Human Resources and Social Security, for enterprises that have difficulties in production and operation due to the impact of the epidemic, enterprises are encouraged to negotiate with employees through consultative democratic procedures to adjust salaries, rotate rest, shorten working hours and other ways to stabilize jobs. If the enterprise is unable to pay wages for the time being, it may postpone the payment of wages to its employees after consultation with the trade union or the employee's representative. In addition, according to Article 10 of the "Measures for the Payment of Wages of Enterprises in Shanghai", enterprises affected by the epidemic, production and operation, and capital circulation difficulties, after consultation with the trade union or employee representative of the unit, can postpone the payment of wages within one month, and the time of delaying the payment of wages shall be informed to all employees.

七、After the resumption of work and production, if employees are unable to return to work or provide normal work due to COVID-19 infection or epidemic prevention and control measures, the enterprise shall not refuse to pay wages or dismiss them.

The enterprise shall pay the remuneration for the work of the employees who are unable to provide normal work during the period of isolation treatment or medical observation for the pneumonia patients, suspected patients and close contacts infected by the novel coronavirus, or due to the isolation measures or other emergency measures taken by the government. And shall not terminate the labor contract with the employee in accordance with Articles 40 and 41 of the Labor Contract Law. During this period, the expiration of the labor contract shall be extended to the expiration of the medical treatment period, the expiration of the medical observation period, the expiration of the isolation period or the end of the emergency measures taken by the government. However, if a worker is held criminally responsible for failing to cooperate with the government's epidemic prevention measures, the enterprise may terminate the labor contract; Where an administrative penalty is imposed, the enterprise may deal with it in accordance with the rules and regulations formulated according to law.

八、After the resumption of work and production, for those who cannot return to work on time due to the impact of epidemic prevention and control measures, the enterprise should take the initiative to communicate with the employees and negotiate the handling measures.

According to the Opinions on Stabilizing Labor Relations during the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic and Supporting Enterprises to resume work and Production, enterprises should take the initiative to communicate with employees who cannot arrive at work on time or start production due to the epidemic, and enterprises can arrange employees to complete work tasks at home through flexible working methods such as telephone and Internet if conditions permit. For enterprises that do not have telecommuting conditions, they will negotiate with their employees to give priority to using various types of leave such as paid annual leave and company-set welfare leave. Enterprise trade unions should actively mobilize employees and enterprises to help them reduce the losses caused by the epidemic as much as possible on the basis of taking into account the legitimate rights and interests of both enterprises and workers.

During the period of delayed return to work or non-return to work affected by the epidemic, for employees who cannot provide normal work or other employees who cannot provide normal work after using all kinds of leave, the enterprise may consult with the employees according to the relevant provisions of the state on wage payment during shutdown and shutdown, and pay wages in accordance with the standards stipulated in the labor contract within one wage payment cycle; Living expenses shall be paid in accordance with relevant provisions if the wage payment period exceeds one.

九、During the resumption of work and production, employees infected with COVID-19 at work generally cannot be identified as work-related injuries.

According to the Regulations on Industrial Injury Insurance, infection with COVID-19 is not a condition that can be recognized as work-related injury. However, the Notice of the Ministry of Human Resources and Social Security on the Protection of medical care and related staff infected with the novel coronavirus pneumonia due to the performance of their work duties makes it clear that in the prevention and treatment of the novel coronavirus pneumonia, medical care and related staff infected with the novel coronavirus pneumonia or died of the novel coronavirus pneumonia due to the performance of their work duties should be recognized as work-related injuries and enjoy work-related injury insurance in accordance with the law. Therefore, in the absence of policy provisions, employees of ordinary enterprises cannot be counted as work-related injuries during production and operation.

The outbreak of the epidemic has brought major uncertainties to the production and operation of enterprises. Hillhouse Law Firm will give full play to its professional advantages and effectively help enterprises to prevent legal risks in the process of resuming work and production. In light of the current epidemic prevention and control needs and the actual situation of enterprises, we will provide more forms of legal services for enterprises to help them resume work and production.