On the afternoon of February 29, the Institute of Social Law of the School of Civil, Commercial and Economic Law of China University of Political Science and Law hosted an academic salon on the theme "Social Law Response to the Epidemic" online. Prof. Yu Shuhong and Prof. Zhang Rongfang were invited to attend the salon and make a keynote speech.

Prof. Yu: The Impact of major outbreaks on labour laws and their legislative responses

Prof. Yu described “the labor law issues reflected during the epidemic”, “the combing and analysis of the central and local normative documents since Wuhan blockaded the city” and “legislative response”.

1.The labor law issues reflected during the epidemic

As far as the field of labor law is concerned, it mainly includes the following seven aspects: First, the "whistle-blowing protection issue" on labor law. Although Wuhan government had recognized the death of Dr. Li Wenliang as work injury, but the problem behind is still worth thinking about. Second, the protection of special groups, especially health care workers in the epidemic. Third, the problem of work injury identification of infection with novel coronary pneumonia, as well as the interface between the period of isolation, observation and medical treatment. Fourth, treatment of wages and the convergence of leave during epidemic. Fifth, the issue of labor protection after re-work. Sixth, The legal relationship determination of shared employment. Last, is the epidemic applicable in labor law as Force majeure? Does the labor contract suspension be introduced?

2.The combing and analysis of the central and local normative documents since Wuhan blockaded the city

In response to the epidemic, 414 documents were issued by various ministries and local government departments at the national level. There are about 52 at the national level, mainly related to the resumption of work, labor protection, pay management, rest and vacation, social insurance, vocational training, transportation security and employment management. The local level is mainly the response of local governments and their related departments. After combing through the documents, Prof. Yu found the following problems:

First, repetitive questions. There is a lot of duplication of content in these files. Second, legitimacy issues. This mainly involves the issue of legislative competence. Third, there is a conflict between norms. One is a conflict with the superior law, and the other is a conflict between local norms. Fourth, the fairness and rationality of normative documents. At present, the practice of extraterritorial response to the epidemic, we have only searched Canada, Singapore and Our Hong Kong and Taiwan regions, which mainly deal with the treatment of the isolation period, observation period, stop-work stoppage period.

3.Legislative response

Prof. Yu put forward three recommendations as response: First, existing legislation, in particular the legality of norms during the epidemic, should be holistically reviewed. Second, special laws should be established. Third, in the revision of labor law, we should attach importance to the theory of stratification protection and establish the exemption system. Fourth, legislation should pay enough attention to the new employment form.

Prof. Zhang Rongfang: Social Security Policy Issues in the Novel Corona Virus Epidemic

Prof. Zhang described three problems, including “the criteria for determining injury on-the-job insurance”, “the scope of payment of social insurance funds” and “the balance of payments of social insurance funds”.

1. The criteria for determining injury on-the-job

Taking the related documents on “health care and related personnel infected with the COVID-19 due to the performance of their duties should be identified as injury on-the-job”, Prof. Zhang elaborated on four aspects, as “interpreting the provisions”, “how to apply”, “relevant questions” and “personal views”.

First, how to understand the “relevant persons” of the subject of work injury identification during the epidemic in the article; Second, which provision should be applied to medical care and related persons as injured work; third, can injuries caused by accidents include illness due to work reasons? Fourth, Prof, Zhang suggested that abstract standards should be established or article 14, paragraph 1, should be used as abstract standards to relax the scope of injury caused by accidents to include diseases.

2. The scope of payment of social insurance funds

At the level of payment scope of the Social Insurance Fund, Prof. Zhang introduced the related issues under the COVID-19.

First, the conditions for the payment of social insurance funds have been relaxed. Such relaxation is reasonable and should be relaxed not only during the epidemic, but also extended to the normal insurance period. Second, the scope of payments to the Social Insurance Fund has been expanded. This will pose two prominent questions: One is that whether the unemployment insurance fund should pay unemployment assistance. The other is that whether the medical expenses of patients with the COVID-19 should be included in the payment of health insurance funds.

3. The balance of payments of social insurance funds

In terms of the balance of payments of the social insurance fund, Prof. Zhang introduced two questions of “whether the social insurance fund should insist on making the balance of payments” and “how to balance the balance of income and expenditure of the social insurance fund”.

First, the normal treatment of the payment of social insurance funds must be maintained. Second, to balance the balance of income and expenditure of the social insurance fund, the social insurance fund shall realize the actuarial nature of the insurance fund and adhere to the independence of the insurance fund. And the public health emergencies’ payments should be borne by the government finance, not by the fund.

During the free discussion session, there was a heated discussion. Prof, Yu and Prof, Zhang also responded to the questions.

Edited by Yuan Yuhang & Wu Liuqing