Summary of Law Updates:

Labour

1. < Law of the People’s Republic of China on Population and Family Planning > (2016-01-01)

The amended Law of the People’s Republic of China on Population and Family Planning (hereinafter referred to as Family Planning Law) was adopted by the Standing Committee of National People’s Congress on 27th December, 2015, and has come into force on 1st January, 2016.

The highlights on changes of the amended Family Planning Law are listed as follows:

• “To advocate one couple having one child” was revised as “To advocate one couple having two children”, and the provisions on encouraging late marriage and late childbirth were removed.
• Couples who are compliant with laws and regulations on family planning are entitled to extended maternity leave or other benefits irrespective of giving birth to the first or the second child, or third child with conditions as provided by laws and regulations. The specific incentive measures shall be determined by local governments.

The local governments will amend the relevant regulations on population and family planning accordingly. Enterprises are recommended to pay attention on it, so as to adjust internal policies about marriage or maternity leave timely according to laws and regulations.

2. < Regulation on Population and Family Planning in Guangdong Province > (2016-01-01)

The amended Regulation on Population and Family Planning in Guangdong Province (hereinafter referred to as Regulation) was adopted and promulgated by the Standing Committee of Guangdong Provincial People’s Congress on 30th December, 2015. The Regulation has come into force on 1st January, 2016.

The Regulation abrogated the 10-day late marriage leave and 15-day leave for late childbirth; abrogated extra 35-day maternity leave and 10-day paternity leave for couples giving birth of only one child.

The Regulation added the provisions about incentives for couples who are compliant with laws and regulations on family planning irrespective of giving birth to the first or the second child, or the third child with conditions as provided by laws and regulations, the wife is entitled to 30 days of additional leave and the husband is entitled to 15 days of paternity leave.

3. < Interim Regulation of Residence Permit > (2016-01-01)

The Interim Regulation of Residence Permit (hereinafter referred to as Regulation) was adopted in the ｅｘｅｃutive meeting of the State Council on 21st October, 2015, and has come into force on 1st January, 2016.

The Regulation provides that the residence permit shall be signed and issued by the Public Security Bureau of the county-level government, and be endorsed once annually. The listed contents on the residence permit include: name, gender, ethnic, date of birth, identity card number, photo, address of permanent residence, address of current residence, issuing authority and issue date. The holder of the residence permit has the rights on employment and social insurance in the place of current residence according to law.
In the course of recruitment, enterprises may examine the applicant’s residence permit, as a supplementary measure on verification of the identity and age.

Health and Safety

1. < Classified Catalogue of Hazard Factors on Occupational Disease > (2015-11-17)

The amended Classified Catalogue of Hazard Factors on Occupational Disease (hereinafter referred to as Catalogue) was gazetted by National Health and Family Planning Commission of the PRC on 17th November, 2015 and it has come into force on the date of promulgation. The previous version initially issued by the Ministry of Health on 11th March, 2002, was repealed simultaneously.

The main changes and requirements of the amended Catalogue are listed as follows:

• Amendment to the category. The version of Catalogue issued in 2002 was based on the nature of the hazard factors and the related occupational diseases. However, there is certain overlapping among the various categories of hazardous factors. In order to avoid overlapping, the amendment only follows the nature of hazard factors, and the amended Catalogue divides hazard factors of occupational diseases into six categories, namely dust, chemical factors, physical factors, radioactive factors, biological factors, and other factors.
• Refinement of contents of categories.  Along with the increase of occupational disease- categories and the changing of hazard factors, this revision refines the hazard factors listed in the previous version of Catalogue. For example, in the category of chemical factors, besides those factors corresponding to 59 kinds of occupational chemical poisoning, further 316 kinds of chemical factors are added.
• Exclusion of examples given for work types and related possible occupational diseases. Example of work types in industries are related to manufacturing technique, both category and quantity are in large number and they are ever changing, and hence the example listing is often insufficient. Therefore, this revision sets open terms for hazard factors of occupational disease which are not listed. For occupational diseases likely to be caused by those factors, they are already listed on the Classification and Catalogue of Occupational Diseases which was issued in 2013.

2. < Code of Management on Labour Protection Equipments for Employers > (2015-10-01)

The Code of Management on Labour Protection Equipments for Employers (hereinafter referred to as Code) was gazetted by State Administration of Work Safety on 29th December, 2015, and it has come into force on the date of promulgation. The main requirements of the Code are as follows:

• If the concentration of any human carcinogen listed on the Catalogue of High Toxic Substance in the workplace reaches or exceeds half of the occupational exposure limits (PC-TWA or MAC), the employer shall provide appropriate protective equipments to labourers and guide them to wear or use correctly.
• For labourers exposed to noise between 80dB≤LEX, 8h <85dB in the workplace, the employer shall provide suitable hearing protectors to labourers based on needs. While the exposure level LEX, 8h≥85dB, it is compulsory for the employer to provide suitable hearing protectors for labourers, and guide them to wear or use correctly.
• If different kinds of dangers and / or hazard factors exist in a work site, protective equipments for all kinds of hazards shall be provided for labourers simultaneously.  The compatibility of protective equipments shall be taken into account.
• The suitability and comfortability shall be taken into account for selection of protection equipments. Selection shall be based on individual characteristics and needs.

Environment

1. < Administrative Measures of Post Environmental Impact Evaluation for Construction Project > (Trial) (2016-01-01)

Administrative Measures of Post Environmental Impact Evaluation for Construction Project (hereinafter referred to as Measures) was deliberated and adopted in the conference of department affairs of Ministry of Environmental Protection on 2nd April, 2015, and has come into force on 1st January, 2016.

Post Environmental Impact Evaluation is an approach and system to carry out traceable monitoring, verification and assessment on the actual environmental impact, pollution prevention and the effectiveness of control, ecological protection and risk prevention measures for construction projects with Environmental Impact Assessment (EIA) report having passed the environmental protection acceptance check and has operated steadily for a certain period. It shall come up with remedial solution or improvement measures to increase the effectiveness of environmental impact assessment.

Post Environmental Impact Evaluation shall be carried out if the operation of one of the following construction projects deviates from the requirements on the approved EIA report,

I. Water conservancy, hyｄｒｏｐower, mining, port, railway industry and other construction projects intruding into area of the important ecological environment;

II. Metallurgy, petrochemical and chemical industry in a major environmental risk, construction projects in sensitive site and discharging heavy metals or persistent organic pollutants continually;

III. Other construction projects that the administrative departments of environmental protection which approve the EIA report regard Post Environmental Impact Evaluation as necessary.
Construction entities or production and business entities shall be responsible to  organize and carry out, compile documents on, and draw the conclusion of, the Post Environmental Impact Evaluation.

Construction entities or production and business entities can entrust with the qualified institution to compile document on Post Environmental Impact Evaluation, and report to the administrative department of environmental protection which approved the initial EIA report for registration.

The institution compiling EIA report for the construction project, in principle, shall not undertake the compiling work of Post Environmental Impact Evaluation for this construction project.

The Post Environmental Impact Evaluation for construction project shall be carried out after the construction project is formally put into production or operation for more than three years and less than five years. The administrative department of environmental protection which initially approved the EIA report can determine the time limit for carrying out Post Environmental Impact Evaluation according to the environmental impact and change in characteristics of environmental factors of construction projects

China Minimum Wage Standard Update – January 2016

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