HR Management for Resumption of Work in Shanghai

China

After the entire city has been locked down for a month, the epidemic situation of Omicron Virus in Shanghai is in remission. The government advocates companies resume work. However, according to the current controlling policies of Shanghai, people will be released from the lock-down gradually depending on the epidemic situation in their residential communities. This means that during a certain period, even if a company resumes work, not every employee is able to come back to work yet. Also, according to the Guidelines on Epidemic Prevention and Control of Industrial Enterprises of Shanghai for Resumption of Work (2nd version) (“Work Resumption Guidelines”), companies shall undertake epidemic prevention and control responsibilities and take relevant measures. Therefore, after resumption of work of the company, there are many challenges to HR management regarding the arrangement of employees coming back to work.

Based on the HR polices for the epidemic issued both at the State level and in Shanghai in 2020, the Shanghai Human Resources and Social Security Bureau issued the Work Guide on Further Harmony and Stabilization of Current Labor Relationships (Hu Ren She Guan [2022] No. 89) and together with the Shanghai High People’s Court, the Answers to the Questions Regarding Handling Epidemic Related Labor Disputes on 26 and 28 April 2022 and took effect on the same day. The two regulations (hereinafter collectively referred to “New COVID Policies”) provide clearer guidelines on handling the employment relationship with employees during the epidemic period in Shanghai.

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