Entry ban to mainland China due to COVID-19

On 28 March 2020, the People’s Republic of China enacted an entry ban due to the novel coronavirus disease

Foreign nationals holding visas or residence permits valid on this date cannot enter with these documents

Can an employer terminate the employment relationship because the employee cannot enter China?

What is the underlying legal framework?

Even if a visa has been issued, a contagious disease is a reason to prevent the entry of an individual
The Chinese government can decide to impose general entry bans for whatever reason
Border police officials have the power to impose administrative compulsion as an enforcement measure
Foreign nationals have no access to legal remedies before their entry into the country
Issuance of visas valid for entry is based on individual decisions on substantiated applications

Effects on employment relationships depend on whether these are based on Chinese or other law
The Chinese government has adopted several provisions to protect Chinese and foreign workers
Employment relationships cannot be terminated only because an employee has been diagnosed with COVID-19
Unilateral termination of an employment relationship requires prior negotiations on contractual amendments
Contractual adjustments typically require mutual agreements between employee and employer

Entry to China is currently limited to “necessary” activities, e. g. high-level management
Applicants need to explain the necessity of their entry in their visa application
Unilateral terminations of employment relationships by the employer are difficult
Adjustments to employment contracts, such as the reduction of salaries, require agreements
Protection under Chinese labour law applies to Chinese and foreign workers in China
Individual solutions based on mutual agreements are probably the best choice

Read the full story here: