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CSR Gazette, China - July 2021
Summary
  • In order to guide employers and laborers to conclude electronic labor contracts in accordance with the law, the Ministry of Human Resources and Social Security gazetted the Guidelines for the Conclusion of Electronic Labor Contracts.
  • The revision of the Safety Production Law of the People's Republic of China aims to further strengthen safety production, prevent and reduce production safety accidents, protect people's lives and property safety, promote the sustainable and healthy economic and social development, and provide a powerful legal weapon for safety production.
  • The Notice of the Department of Ecology and Environment of Guangdong Province on the Implementation of Monitoring Requirements on Fugitive Emission of Volatile Organic Compounds in the Plant Area has been gazetted by the Department of Ecology and Environment of Guangdong Province, aims to strengthen the comprehensive management of volatile organic compounds (VOCs), strictly implement fugitive emission control standards, effectively reduce VOCs emissions, and promote continuous improvement of air quality.
  • Updated Minimum Wage Standard of Shanghai Municipality, Beijing Municipality, Hubei Province and Ningxia Autonomous Region.
Contents

Labour
< Guidelines for the Conclusion of Electronic Labor Contracts >

Health and Safety
< Safety Production Law of the People's Republic of China >

Environment
< Notice of the Department of Ecology and Environment of Guangdong Province on the Implementation of Monitoring Requirements on Fugitive Emission of Volatile Organic Compounds in the Plant Area >

Minimum Wage Standard Update
Shanghai Municipality, Beijing Municipality, Hubei Province and Ningxia Autonomous Region

Summary of Law Updates:

Labour

1.< Guidelines for the Conclusion of Electronic Labor Contracts > (2021-07-01)
The Guidelines for the Conclusion of Electronic Labor Contracts (hereinafter referred as the Guidelines) was issued by the General Office of the Ministry of Human Resources and Social Security in accordance with the Labor Contract Law of the People's Republic of China, the Civil Code of the People's Republic of China, the Electronic Signature Law of the People's Republic of China and other laws and regulations, the Guidelines was gazetted on 1st July 2021.
The Guidelines includes five chapters, the general principles, the conclusion, the retrieval, storage and application of electronic labor contracts, information protection and security, and supplementary provisions. The main points are as follows:
1. The legal effect of electronic labor contract
The Guidelines clearly defines that the electronic labor contract concluded in accordance with the law has legal effect. Employer and laborer shall fully fulfill their respective obligations in accordance with the provisions of electronic labor contract.
2. Conclusion of electronic labor contract
The Guidelines describes all the specifications and standards before, during and after the signing of electronic labor contract and clearly defines: The conclusion of electronic labor contract shall be concluded through the electronic labor contract conclusion platform to ensure that the conclusion, generation, transmission and storage of electronic labor contract information meet the requirements of laws and regulations, and meet the requirements of authenticity, integrity, accuracy, anti-tamper and traceability. Ensure that the signing process and operation method are informed before signing, and digital certificate and security key are used for electronic signature with trusted time stamp during signing. After signing, employee shall be informed that the electronic labor contract has been concluded by means of SMS and WeChat, etc.
3. The retrieval, storage and application of electronic labor contractThe Guidelines requires the retrieval, storage and application of electronic labor contracts shall be freely accessed at any time by employee through common used equipment.
4. Information protection and security
The Guidelines requires that the management, retrieval and application of electronic labor contract information shall comply with relevant laws and regulations, and the information protection system shall be established and improved.

Health and Safety

1. < Safety Production Law of the People's Republic of China > (2021-09-01)
The Safety Production Law of the People’s Republic of China (hereinafter referred to as the Safety Production Law) was adopted at the 29th meeting of the Standing Committee of the 13th National People’s Congress and shall come into force on 1st September 2021. The relevant amendments to the Safety Production Law are as follows:
1. Strengthen the penalties for violations:

  • Higher fines: The amount of penalties will be increased from 200 thousand to 20 million under the current law to 300 thousand to 100 million; The amount of accidents fines for the main in chargeable person of the unit will be increased from 30% to 80% of the annual income to 40% to 100%.
  • Stricter punishment method: For the production and business operation units who didn’t take measures to eliminate the potential accidents, the punishment measures are revised from "order to rectify first, if refuse to rectify, then order to rectification of production and business operations and impose a penalty" to "order to rectify and impose a penalty once it is found, order to rectification of production and business operations and punish on a daily basis if it refuses to rectify. If it refuses to stop rectification of production and business operations for rectification, request the local people's government to close it down".
  • Greater discipline: Increased the frequency of law enforcement, suspended project approval, increased relevant insurance rates, industry or occupation prohibition, and other joint disciplinary measures have also been added.

2. Strengthen the prevention and response to new problems and risks:

  • Require production and business units that use gas in catering and other industries to install combustible gas alarm devices and ensure their normal use.
  • The construction unit shall strengthen the safety management of the construction projects used for the production, storage, loading and unloading of dangerous goods, and shall not illegally transfer the construction qualification or illegally subcontract.

3. Improve the safety production responsibility system:

  • The main person in charge of the production and operation unit is the first person responsible for the safety production of the unit, and is fully responsible for the safety production work of the unit.
  • All types of production and business units shall improve and implement full staff safety production responsibility system, double prevention mechanisms of safety risk classification control and hidden dangers investigation and control, enforced safety production liability insurance systems for high-risk industry.

Environment

1. < Notice of the Department of Ecology and Environment of Guangdong Province on the Implementation of Monitoring Requirements on Fugitive Emission of Volatile Organic Compounds in the Plant Area > (2021-06-08)
The Notice of the Department of Ecology and Environment of Guangdong Province on Implementation of Monitoring Requirements on Fugitive Emission of Volatile Organic Compounds (VOCs) in the Plant Area (2021-06-08) (hereinafter referred to as the Notice) has been gazetted by the Department of Ecology and Environment of Guangdong Province on 8th June 2021, it has come into force on 8th July 2021, and valid until 7th July 2026. The main contents are as follows:
1. For the facilities involved in VOCs fugitive emission in the province, shall fully implement Appendix A “the monitoring requirements for VOCs fugitive emission in the plant area” of the Control Standard of Fugitive Emissions of Volatile Organic Compounds. The new facility will implement from the date of implementation of this notice and the existing enterprises will start from October 8, 2021.
2. The concentration at fugitive emission monitoring point of VOCs in plant area of enterprises shall follow the special emission limits.
3. If there is relevant provision in new(revised) standard or standard amendments stricter than the Appendix A “the monitoring requirements for VOCs fugitive emission in the plant area” of the Control Standard of Fugitive Emissions of Volatile Organic Compounds, shall follow the stricter one.
4. Definitions of existing facilities and new facilities in this Notice follow the relevant Terms and Definitions in the Control Standard of Fugitive Emissions of Volatile Organic Compounds.

Area Minimum Wage Standard
(RMB/month)
Shanghai Municipality: Effective from 1 July 2021
Shanghai Municipality 2590
Beijing Municipality: Effective from 1 August 2021
Beijing Municipality 2320
Hubei Province: Effective from 1 September 2021
Wuhan City: Jiang'an District, Jianghan District, Qiaokou District, Hanyang District, Wuchang District, Qingshan District, Hongshan District, Wuhan East Lake New Technology Development Zone, Wuhan Economic and Technology Development Zone, Wuhan East Lake Ecotourism Scenic Spot, Wuhan Airport and Port Economic and Technology Development Zone 2010
Wuhan City: Caidian District, Jiangxia District, Huangpi District and Xinzhou District; Xiangyang City: Xiangcheng District, Fancheng District; Yichang City: Yiling District, Xiling District, Wujiagang District, Dianjun District and Xiaoting District 1800
Huangshi City: Huangshigang District, Xisaishan District, Xialu District, Tieshan District and Daye City; Shiyan City: Maojian District, Zhangwan District; Xiangyang City: Xiangzhou District, Zaoyang City, Laohekou City; Yichang City: Yidu City and Zhijiang City; Jingzhou City: Jingzhou District and Shashi District; Jingmen City: Dongbao District, Duodao District, Jingshan City, Zhongxiang City; Ezhou City: Echeng District, Huarong District and Liangzihu district; Xiaogan City: Xiaonan District, Hanchuan City, Yingcheng City; Huanggang City: Huangzhou District; Xianning City: Xian'an District, Jiayu County, Chibi City; Suizhou City: Zengdu District; Enshi Prefecture: Enshi City; Xiantao City; Tianmen City; Qianjiang City 1650
Huangshi City: Yangxin County; Shiyan City: Yunyang District, Danjiangkou City, Yunxi County, Fang County, Zhushan County and Zhuxi County; Xiangyang City: Yicheng City, Nanzhang County, Baokang County, Gucheng County; Yichang City: Dangyang city, Yuan'an County, Xingshan County, Zigui County, Changyang County, Wufeng county; Jingzhou City: Jiangling County, Songzi City, Gongan County, Shishou City, Jianli City, Honghu City; Jingmen City: Shayang County and Qujialing Management Area; Xiaogan City: Yunmeng County, Anlu City, Dawu County, Xiaochang County; Huanggang City: Tuanfeng County, Hong'an County, Macheng County, Luotian County, Yingshan County, Xishui County, Qichun County, Wuxue City and Huangmei County; Xianning City: Tongcheng County, Chongyang County, Tongshan County; Suizhou City: Suixian County, Guangshui city; Enshi Prefecture: Lichuan City, Jianshi County, Badong County, Xuanen County, Xianfeng County, Laifeng County and Hefeng County; Shennongjia Forestry District 1520
Ningxia: Effective from 1 September 2021
Yinchuan City: Xingqing District, Jinfeng District, Xixia District; Shizuishan City: Dawukou District, Huinong District 1950
Yinchuan City: Yongning County, Helan County and Lingwu City; Shizuishan City: Pingluo County; Wuzhong City: Litong District, Qingtongxia City; Zhongwei City: Shapotou District, Zhongning County 1840
Wuzhong City: Hongsibao District, Tongxin County, Yanchi County; Guyuan City: Yuanzhou District, Xiji County, Longde County, Jingyuan County and Pengyang County; Zhongwei City: Haiyuan County 1750

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