Summary of Law Updates:

Labour

1. List of Additional Leave on Family Planning and Marriage Leave provided by New Regulation on Population and Family Planning of Some Areas

With the amended Law of the People’s Republic of China on Population and Family Planning coming into force on 1st January 2016, local governments have amended and promulgated the regional Regulation on Population and Family Planning accordingly. There are some differences among local regulations. In addition to 98 days of maternity leaves provided by the state regulation, the granted additional leaves in different areas are listed as follows (excerpt from regulations promulgated as of Feb 2016),

2. Notice on Premium Rate Adjustment of Social Insurances for Urban Employees in Shanghai (2016-03-21)

Notice on Premium Rate Adjustment of Social Insurances for Urban Employees in Shanghai (hereinafter referred to as Notice) was gazetted by Shanghai People’s

Government on 21st March, 2016. According to the Notice, since 1st January, 2016, the premium rates of social insurances paid by employers for urban employees in Shanghai have been adjusted. The aggregate premium rates for three social insurances have been reduced by 2.5%. Thereinto,

• Basic Endowment Insurance for employees：The premium rate paid by employers was adjusted from 21% to 20%.
• Basic Medical Insurance for employees: The premium rate paid by employers was adjusted from 9% to 8%.
• Unemployment Insurance: The premium rate paid by employers was adjusted from 1.5% to 1%.
• The main purpose of adjustment on premium rates of social insurances is to facilitate enterprises mitigate costs.

Health and Safety

1. Opinions on Strengthening Prevention and Treatment of Pneumoconiosis for Migrant Workers (2016-01-08)

The Opinions on Strengthening Prevention and Treatment of Pneumoconiosis for Migrant Workers (hereinafter referred to as Opinions) was jointly issued by the National Health and Family Planning Commission and the Ministry of Human Resources and Social Security on 8th January, 2016 and it has come into force on the date of issue. The opinions focus on the protection of occupational health, related rights and interests for migrant workers, and particularly provide the following requirements,

• Ensure the access to employment injury insurance for migrant workers who suffered with pneumoconiosis. The employers shall sign employment contracts with migrant workers pursuant to law and fully pay the premium of employment injury insurance on time. The employer shall provide relevant treatment and benefits required by law to migrant workers who suffered with pneumoconiosis if they did not participate in employment injury insurance. The Insurance Fund of Employment Injury shall pay for those treatment and benefits if the employer refuse to do it, and then the Administrative Department of Social Insurance shall claim the employer for recover.
• Settle the medical treatment and living issues of migrant workers who suffered with pneumoconiosis. In cases of migrant workers suffering from pneumoconiosis without participating in employment injury insurance, employer does not exist anymore, or whose employment relationship can not be corroborated, if they participated in medical insurance, they are entitled to relevant treatment and benefits of basic medical insurance according to regulations, and they may apply for medical and living relief from the Civil Administration Department of local People’s Government.

Environment

1. Notice of the Ministry of Environmental Protection about Commission on the Compilation of Investigation Report and Monitoring Report of Environmental Protection Acceptance Check (2016-03-01)

Notice of the Ministry of Environmental Protection about Commission on the Compilation of Investigation Report and Monitoring Report of Environmental Protection Acceptance Check (hereinafter referred to as Notice) was deliberated and adopted by the Ministry of Environmental Protection, and has come into force on 1st March, 2016. Highlights of the Notice are as follows:

I. The Notice applies to the construction projects approved by the Ministry of Environmental Protection;

II. The acceptance investigation or acceptance monitoring on environmental protection for construction projects were carried out by a professional agency which commissioned by the construction entity. It is now conducted by professional agencies approved by the Ministry of Environmental Protection. The professional agencies refer to the Research Institutes or Monitoring Stations which have been approved by the Ministry of Environmental Protection.

III. The expenses of the acceptance investigation or acceptance monitoring were borne by the construction entities. They are now borne by the government.

China Minimum Wage Standard Update – March 2016 

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