Does Working From Home Count as Resumption of Work?
RDL Legal Working Group on Coronavirus Outbreak
Recently, the coronavirus outbreak caused by the novel coronavirus has intensified. To support employer, manage their compliance during this special period; and to help workers to safeguard their legitimate rights and interests, River Delta Law Firm set up the “RDL legal working group on coronavirus outbreak”. This group is responsible for the labor and social security legal practice on issues related to the epidemic. The topic will be studied and guidance will be provided, the research results are presented in Mandarin, English, Japanese, Russian, Korean, German, French.
The legal working group is led by Mr. Jingbo (Jason) Lu, Founding and Managing Director of River Delta Law Firm, and is attended by a number of key lawyers from the River Delta:
Group leader: Jingbo (Jason) Lu;
Group members (listed alphabetically): Bai Lijuan, Bi Zhenzhou, Cathy (Xiaorong) Qu, Liang Zhenyu, Li Hao, Li Haojie, Liu Lu, Ma Xinli, Normand Gauthier, Pei Yanting, Spencer Whiskard, Su Yiwei, Wang Qi, Wang Tianyi, Wang Yanyu, Xiong Haiqiang, Xu Xing, Yang Yan, Zhang Xinhong.
This article is written by Mr. Jingbo (Jason) Lu, with the participation of all group members.
Our readers are welcome to send feedback at our WeChat.
- Labor Compliance Guide during the coronavirus Epidemic (Mandarin)
- Guidelines for Labor Compliance during the coronavirus Epidemic (English)
- Labor Compliance Guide during the coronavirus Epidemic (Japanese version)
- Labor Compliance Guide during the coronavirus Epidemic (Korean version)
- Labor Compliance Guide during the coronavirus Epidemic (German version)
- What is the extended Spring Festival holiday? (Mandarin)
- Legal Interpretation of “Delayed Resumption of Work Order” in Shanghai and Zhejiang (Mandarin)
- Legal Interpretation of Suzhou’s “Delayed Resumption of Work Order” (Mandarin)
- Recent Interpretation of Labor Relations Policy in Epidemic Prevention and Control in Sichuan Province (I) (Mandarin)
- Interpretation of relevant legal issues and practical suggestions during Guangdong’s “Delayed Resumption of Work” (Mandarin)
- Tips for Enterprise Re-employment Compliance during Epidemic Prevention and Control (Mandarin)
- Interpretation of the Labor Relations Policy during the Prevention and Control of the Epidemic in Beijing (Mandarin)
- How to Manage the Postponement of Resumption of Business in Shanghai
Does Working From Home Count as “Resumption of Work”?
To prevent and control the epidemic policies requiring enterprises to delay the resumption of work have been introduced all over China. However, in the implementation the term “resumption of work” is ambiguous. There are two ambiguities:
1. Whether to include partial resumption of work?
2. Does it include working from home or online?
The answers to these two questions are both positive and negative, resulting in confusion from enterprises and workers, and even of law enforcement, thus affecting the effective implementation of the policy.
The main reason for such ambiguity and confusion is that the term “resumption of work (复工)” used in the policy itself does not have clear definition and have no further refinement in the policy. Therefore, it is recommended that the relevant departments should provide a clear-cut explanation as soon as possible in response to the concerns of the community.
So how exactly should it be interpreted?
We believe that, in view of the current critical situation and tasks of epidemic prevention and control, combined with the major challenges posed to economic development, the relevant departments should make a negative explanation. That is, “resumption of work (复工)” does not include partial resumption of work, nor does it include working from home or online. In other words, the policy of “no resumption of work” is not appropriate to carry out a one-size-fits-all restrictions (HR, financial work and other necessary positions should not be included in it), nor should working from home or online necessarily be a part of the postponement of resumption of work. Of course, while such an explanation is made, the scope of “partial resumption” should be defined as necessary to the standard of “no aggregation of personnel” and include working from home or online.