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CSR Gazette, China - September 2020
Summary
  • The Reply of the General Office of the Ministry of Human Resources and Social Security on the Calculation of Overtime Wages During National Day and Mid-Autumn Festival in 2020 was issued by the General Office of the Ministry of Human Resources and Social Security on 18th September 2020 and relevant information was issued in its official account and specified the payment of overtime wages from 1st October to 8th October 2020.
  • The General Office of the State Council gazetted the Notice on Deepening the Reform of the Commercial System and Further Loosen Burden to Stimulate Vitality of Enterprises, launching twelve (12) reform measures in four (4) aspects to further fully release the potential of social entrepreneurship and innovation and stimulate enterprise vitality.
  • The Work Specification of Employing Unit Occupational Health Supervision and Law Enforcement was established and published by the National Health Commission, which innovates law enforcement mode, and standardizes law enforcement methods. By strengthen supervision and law enforcement to ensure that occupational health supervision and law enforcement activities can be implemented in a standardized manner.
  • The Provisions on the Handling of Safety Production Reports of Employees of Production and Business Entities was promulgated by Ministry of Emergency Management on 16th September 2020. It establishes a for reporting and handling system for employees in production and business entities, to improve the efficiency of supervision and effectively curbed the occurrence of major or extraordinarily serious accidents.
  • The Management Specifications of Department of Ecology and Environment of Guangdong Province on Strengthening Filing of Activities of Using, Selling, Maintaining and Recycling Ozone Depleting Substance (Revised Edition) has been gazetted by Office of Department of Ecology and Environment of Guangdong Province, it specifies that enterprises shall carry out quota application and the specific work of filing management.
  • The Measures for Eco-environmental Damage Compensation of Guangdong Province (Trail) has been gazetted by the General Office of the people’s Government of Guangdong, it specifies the compensation work of eco-environmental damage and promotes the compensation work of eco-environmental damage in Guangdong province to be standardized, programmatic, systematic.
Contents

Labour
< Reply of the General Office of the Ministry of Human Resources and Social Security on the Calculation of Overtime Wages During National Day and Mid-Autumn Festival in 2020 >
< Notice on Deepening the Reform of the Commercial System and Further Loosen Burden to Stimulate Vitality of Enterprises >

Health and Safety
< Work Specification of Employing Unit Occupational Health Supervision and Law Enforcement >
< Provisions on the Handling of Safety Production Reports of Employees of Production and Business Entities >

Environment
< Management Specifications of Department of Ecology and Environment of Guangdong Province on Strengthening Filing of Activities of Using, Selling, Maintaining and Recycling Ozone Depleting Substance (Revised Edition) >
< Measures for Eco-Environmental Damage Compensation of Guangdong Province (Trail) >

Summary of Law Updates

Labour

1. < Reply of the General Office of the Ministry of Human Resources and Social Security on the Calculation of Overtime Wages During National Day and Mid-Autumn Festival in 2020 > (2020-09-18)
The General Office of the Ministry of Human Resources and Social Security replied to the letter from Shanghai Municipal Human Resources and Social Security Bureau on 18th September 2020 and issued relevant information in its official account, which specified the payment of overtime wages from 1st October to 8th October 2020, details are as follows.

  • From 1st October to 4th October, if the employer arranges for labourers to work overtime, the employer shall pay no less than 300% of the normal wages for overtime work.
  • From 5th October to 8th October, if the employer arranges for labourers to work overtime, compensatory time off should be arranged in priority; if compensatory time off cannot be arranged, not less than 200% of normal wages shall be paid.
  • During the period from 1st October to 8th October, if the employer does not arrange for the labourers to work, it shall be dealt with according to the original wages calculation and payment method.

2. < Notice on Deepening the Reform of the Commercial System and Further Loosen Burden to Stimulate Vitality of Enterprises > (2020-09-01)
The Notice on Deepening the Reform of the Commercial System and Further Loosen Burden to Stimulate Vitality of Enterprises was gazatted by the General Office of the State Council on 1st September 2020, and proposed 12 reform measures in 4 aspects to deepen the reform of the commercial system. Focusing on building a high-standard market system, the series of reform measures will help further stimulate social entrepreneurial enthusiasm and stimulate market vitality. The content covers four aspects:

The first is to promote online processing throughout the process for starting business.

  • Comprehensively promote "All in One Network Service" for starting business;
  • Relying on the "All in One Network Service" platform to implement online "All in One Form " applications for enterprise registration, official seal engraving, invoice and tax control device, employee insurance registration, and enterprise payment registration of housing provident fund.

The second is to promote the reform of the registration system to achieve new breakthroughs.

  • Enhance the dynamics of reform of registration system of the residence and business sites, and support the provincial people's governments to coordinate pilot separating registration of residence and business sites;
  • Market entities can register one residence and multiple business sites;
  • Where market entities that carry out business activities under the jurisdiction of the same county-level registration authority but beyond their residences, are exempted from establishing branches and only need to apply for registration of additional business sites to facilitate the expansion of business scale.

The third is to simplify the involved production, operation and approval conditions for related enterprises.

  • Promote the reform of the production license system for industrial products;
  • Improve the compulsory product certification system;
  • Deepen the reform of qualification accreditation for inspection and testing institutions.

The fourth is to strengthen supervision ongoing and after the event.

  • Strengthen enterprise information publicity;
  • Improve the punishment mechanism for dishonesty.

Health and Safety

1. < Work Specification of Employing Unit Occupational Health Supervision and Law Enforcement > (2020-08-31)
On 31st August 2020, the Work Specification of Employing Unit Occupational Health Supervision and Law Enforcement (hereinafter referred to as the Specification) was published by the National Health Commission and has been implemented from the date of promulgation.

  1. The Specification was established accordance with the laws and regulations such as Occupational Disease Prevention and Control Law and the Regulations on the Safety and Protection of Radioisotopes and Radiation Devices.
  2. Occupational health supervision and law enforcement mentioned in this Specification takes the regulation method of “double random, one publication” as the basic means , supplemented by key supervision and based on credit supervision, implementing the administrative law enforcement publicity system, the whole process of law enforcement record system, and the legal review system of major law enforcement decisions, to implement a risk-based classification and grading supervision and law enforcement model.
  3. The contents of supervision and law enforcement in this Specification mainly include:
  • Occupational disease prevention and management measures
  • "Three simultaneous" of occupational disease protection facilities for construction projects
  • Occupational hazard project declaration
  • Occupational disease hazard factors detection and evaluation
  • Occupational disease hazard notification and warning
  • Occupational disease protection facilities and personal occupational disease protection equipment
  • Occupational hygiene training
  • Labours’ occupational health monitoring
  • Report and treatment of occupational disease patients and suspected occupational disease patients
  • Transfer(Subcontracting) of occupational hazard operations
  • The treatment and report of acute occupational disease hazard accident
  • Radiological occupational hazard operations

2. < Provisions on the Handling of Safety Production Reports of Employees of Production and Business Entities > (2020-09-16)
On 16th September 2020, the Provisions on the Handling of Safety Production Reports of Employees of Production and Business Entities (hereinafter referred to as the Provisions) was promulgated by the Ministry of Emergency Management and it has come into force on the date of promulgation. The main requirements of the Provisions are as follows:

  1. It clarifies that employees of production and business entities should provide their real names and effective contact information when reporting.
  2. Two reward mechanisms are established.
  • Reward from relevant government departments
  • Reward given by production and business entities to its employees
  1. Triple protection mechanism is established.
  • System of strictly protect the whistleblower’s information
  • System of strictly dealing with retaliatory ACTS in accordance with the law
  • Return visit system.
  1. It specifies that information persons should be selected from the employees in key industries such as hazardous chemicals, mine, fireworks and crackers, metal smelting, explosion-related dust, and a special contact mechanism should be established.

Environment

1. < Management Specifications of Department of Ecology and Environment of Guangdong Province on Strengthening Filing of Activities of Using, Selling, Maintaining and Recycling Ozone Depleting Substance (Revised Edition) > (2020-08-12)
The Management Specifications of Department of Ecology and Environment of Guangdong Province on Strengthening Filing of Activities of Using, Selling, Maintaining and Recycling Ozone Depleting Substance (Revised Edition) (hereinafter referred to as The Specifications) (2020-08-12) has been gazetted by the Office of Department of Ecology and Environment of Guangdong Province on 12th August 2020 and it will come into force on 1st October 2020,with an effective period of 5 years. The Management Specifications of Department of Ecology and Environment of Guangdong Province on Strengthening Filing of Activities of Using, Selling, Maintaining and Recycling Ozone Depleting Substance (YueHuanFa [2018] No.4) will be abolished on the same date. The main contents are as follows:

  1. Filing Scope
  • The enterprises with an annual usage of controlled use of HCFCs less than 100 tone shall carry out annual use filing;
  • The selling enterprises with annual sales of HCFCs and its compounds less than 100 tone shall carry out annual sale filing;
  • The enterprises engage in business activities of maintaining, recycling, and destroying ODS.
  1. Filing Procedure
  • Relevant units under filing management of the provincial department of ecology and environment shall carry out online annual declaration;
  • Departments of ecology and environment at cities above prefecture-level shall conduct the preliminary review for the information material of enterprises in the provincial department filing category within 10 working days after enterprises’ declaration, and then submit to provincial department for filing if the declared information material is compliant.
  • Provincial department shall carry out the filing within 15 working days for the enterprises that have complete filing information material and meet submitting requirement in filing system, and disclosure the list of flied enterprises regularly.
  1. Filing Management
  • Provincial center of solid waste and chemical environment management and departments at prefecture-level above cities are responsible for corresponding filing management in their jurisdiction. Provincial bureau of environmental supervision shall perform supervision and inspection and law enforcement for status of implementation.
  • All business operation entities shall specify its business activities according to <regulation on ozone depleting substance management> and technical specifications for refrigerant use, and maintain completely relevant original information material for 3 years above.
  • Provincial department shall summarize and report filing status to the Ministry of Ecology and Environmental annually, and send a copy to relevant municipal department of ecology and environment.

2. < Measure of Guangdong Province on Measures for Eco-Environmental Damage Compensation of Guangdong Province (Trail) > (2020-08-17)
The Measures of Guangdong Province on Measures for Eco-Environmental Damage Compensation of Guangdong Province (Trail) (hereinafter referred to as the Measure) has been gazetted by the General Office of the people’s Government of Guangdong on 17th August 2020 and has come into force on the same date,the main contents are as follows:

  1. Definition and Basic principle

    “Eco-Environmental damage” mentioned in this Measure refers to the adverse change of environmental elements such as atmosphere, ground water, underground water, soil and forest; and biological elements such as plants, animals and microorganism caused by environmental pollution, ecological destruction, and also the function degradation of the ecological system which consists of elements mentioned above.

    Basic principle of eco-environmental damage compensation is “environment is valuable, damage shall be compensated”.  Entities and individuals who violate laws and regulations that caused ecological and environmental damage shall bear the responsibility of compensation for eco-environmental damage and carry out remediation for the damaged ecology and environment. For the eco-environmental damage which are not remediable, monetary compensation shall be executed instead of remediation. This basic principle embodies the principle of liability for damage, and further strengthen the illegal liability of the obligor of compensation.

  1. Main content
  • Investigation for eco-environmental damage;
  • Consultation of compensation for eco-environmental damage;
  • Supervision and management on eco-environmental damage remediation;
  • Management of compensation fund for eco-environmental damage.
  1. Application scope of Measure
  • Major or above level environmental emergency;
  • Incident of environmental pollution and ecological destruction that occurred in key ecological functional areas and areas prohibited from development defined in state and provincial level main functional regions plan;
  • Suspected crimes of damaging the protection of environment and resources, with situations such as especially serious consequences, serious circumstances or huge quantities;
  • Other environment incidents that cause severely eco-environmental consequences. Specific situation could be further defined by prefecture-level above city according to local actual situation, comprehensively consideration on elements such as the severity of caused environmental pollution, ecological destruction and social influence.

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