Summary:
Regarding to the special labour protection for female employees, local regulations on implementation have been enacted by some provinces, such as Guangdong and Hebei Provinces, in China. For the comprehensive governance on safety of dangerous chemicals, guiding opinions on the industry development of dangerous chemicals are provided by the State. In order to coordinate the implementation on the management of pollutant discharge permit, the Interim Provisions on Administration of Pollutant Discharge Permit was issued by the State to standardize the application, approval and issuance, implementation, supervision and administration of pollutant discharge permit.
Summary of Law Updates:
Labour
1. < Regulation on Minimum Wage in Anhui Province > (2017-02-01)
The Regulation on Minimum Wage in Anhui Province (hereinafter referred to as Regulation) has been deliberated and adopted by the People’s Government of Anhui Province on 22nd November, 2016 and it will come into force on 1st February, 2017. The main requirements of the Regulation are as follows:
1) As required by the Regulation, the minimum wage standard shall be adjusted at least once in every two or three years.
2) As required by the Regulation, if the wages paid by the employer is lower than the local minimum standard, the employer shall pay the shortfall within a time limit ordered by the Human Resources and Social Security Department. If it is not paid within the time limit, the employer shall be ordered to pay additional compensation as per the following standards:
a) If the time limit was not met but within 10 days, the additional compensation shall be 50% of the amount payable.
b) If the time limit was not met for more than 10 days but fewer than 20 days, the additional compensation shall be 70% of the amount payable.
c) If the time limit was not met for 20 days or more, the additional compensation shall be 100% of the amount payable.
If the employer refused to pay the shortfall or additional compensation according to the preceding paragraph, RMB2000 as administrative penalty for every refused employee shall be levied by the Human Resources and Social Security Department which ordered the payment decision.
2. < Implementation Measures of Special Regulation on the Labour Protection of Female Employees (2017-02-01)
The Implementation Measures of Special Regulation on Labour Protection of Female Employees in Guangdong Province (hereinafter referred to as Measures) has been deliberated and adopted by the People’s Government of Guangdong Province on 3rd November, 2016 and it will come into force on 1st February, 2017. Meanwhile, the previous Measures on the Implementation of Labour Protection for Female Employees in Guangdong Province that promulgated on 29th January, 1989 by the People’s Government of Guangdong Province shall be abolished. The main requirements of the Measures are as follows:
1) The Measures standardizes the labour protections the employer shall provide to female employees according to the physiological characteristics during different periods of female employees including menstruation period, gestational period, perinatal period and lactation period. For example, for female employee who continuously works for 4 hours or more in a standing position, the employer shall arrange appropriate coffee break when she applies for it during the menstruation period.
2) The Measures requires that the employer whose employees are mainly female, shall equip with facilities such as gynecological clinics, rest rooms for pregnant women and nursing rooms based on the needs of female employees.
3) The Measures provides that if the employer fails to participate in the maternity insurance or delays the payment of premium for maternity insurance so as to cause the female employees to the detriment of losing the benefits of maternity insurance, the employer shall pay the female employees according to the benefit standards of maternity insurance which provided in Guangdong Province and the coordinated region they work.
3. < Special Regulation on Labour Protection of Female Employees in Heibei Province > (2017-01-01)
The Special Regulation on Labour Protection of Female Employees in Heibei Province (hereinafter referred to as Regulation) has been deliberated and adopted by the People’s Government of Hebei Province on 31st October, 2016 and it has come into force on 1st January, 2017. The main requirements of the Regulation are as follows:
1) The Regulation standardizes labour protections the employer shall provide to female employees according to the physiological characteristics during different periods of female employees including menstruation period, gestational period, perinatal period and lactation period. For example, for female employee who has been proven by a medical institution to be with severe painful menstruation and cannot continue to work normally, the employer shall grant one to two days for rest.
2) The Regulation requires that the employer shall arrange not fewer than one gynecologic examination for female employees ever year, the examination time shall be included as working time and the examination costs shall be borne by the employer.
3) The Regulation requires that when the Women’s Day happens to a working day, half-day holiday shall be provided to female employees.
Health and Safety
1. < Comprehensive Governance Scheme on Safety of Dangerous Chemicals > (2016-11-29)
The Comprehensive Governance Scheme on Safety of Dangerous Chemicals (hereinafter referred to as Scheme) had been promulgated by the State Council of People’s Republic of China on 29th November, 2016 and has put into force on the date of promulgation. Key requirements of the Scheme are listed as follows:
1) Strengthen the management and control of high-risk chemicals. Strengthen the whole process management and control of the production, storage, usage, operation, transportation and disposal of high-risk chemicals such as ammonium nitrate, nitrocotton and sodium cyanide.
2) Strengthen the management and control on major hazards of dangerous chemicals. Supervise and urge related enterprises and entities to put into practice the entity responsibility of production safety, and improve the monitoring and controlling equipments and facilities to implement key management and control for major hazards.
3) Fully launch the relocation projects for the manufacturing enterprises of hazardous chemicals in densely populated areas.
4) Investigate and identify the responsibility according to law. If any accident of dangerous chemicals takes place, investigate the responsibility of the enterprise more forcibly, investigate and hold the legal representative, actual controller, principal-in-charge, and related management staff responsible according to law in order to enhance enterprises’ initiative to fulfill their responsibilities for safe production.
5) Blacklist system establishment and implementation. Supervise all regions to strengthen the construction of enterprise safety production credit system, to establish "blacklist" system for enterprises with dangerous chemicals, to timely publicize enterprises, which are on the blacklist, by the website of "Credit China" and the Enterprise Credit Information Announcement System, and to regularly publish in the media. This will be used as significant basis for adjustment of premium rate of work-related injury insurance and liability insurance of safety production.
Environment
1. < Interim Provisions on Administration of Pollutant Discharge Permit > (2016-12-23)
The Interim Provisions on Administration of Pollutant Discharge Permit (hereinafter referred to as Provisions) was issued by the Ministry of Environmental Protection on 23th December, 2016. Highlights of the Provisions are as follows:
1) This Provisions applies to the application, approval and issuance, implementation, supervision and administration of pollutant discharge permit.
2) The administration of pollutant discharge permit shall be implemented for the following pollutant discharging entities:
a) Enterprises and public institutions that discharge industrial waste gas or toxic and harmful air pollutants as prescribed by the State.
b) Production and operation entities of coal-fired heat source for centralized heating facilities.
c) Enterprises and public institutions that discharge industrial wastewater or medical sewage into water bodies directly or indirectly.
d) Operation entities of centralized treatment facilities for urban or industrial sewage.
e) Other pollutant discharging entities that shall implement administration of pollutant discharge permit according to law.
The Ministry of Environmental Protection shall, according to the nature of the industries, formulate and promulgate a classified management catalogue of pollutant discharge permit, propel the administration of pollutant discharge permit progressively in batches. The pollutant discharging entities shall discharge pollutants according to the permit and within the time limit as prescribed by the catalogue. It is prohibited to discharge pollutant(s) prior to having a discharge permit or discharge pollutant(s) beyond the permit.
3) The existing pollutant discharging entities shall apply for and obtain pollutant discharge permit from the authority authorized to approve and issue pollutant discharge permit within the prescribed time limit.
The entities of new project which is about to discharge pollutant(s) shall apply for and obtain pollutant discharge permit prior to putting the new project on production, or employ it and generate actual pollutant(s).
4) Pollutant discharge permit shall come into force since the date of issuance. The validity for the first issue of a pollutant discharge permit is three (3) years and the renewal of pollutant discharge permit shall be valid for five (5) years, as prescribed by this Provisions.
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