Summary:

• A new Measures enacted in Guangdong Province to facilitate the settlement of labour and personnel disputes.
• A new Measures for supervision and administration on occupational disease protective facilities of construction projects was adopted by the State Administration of Work Safety.
• The Administrative Regulation on Special Equipment Service was promulgated by the General Administration of Quality Supervision, Inspection and Quarantine to integrate the basic requirements on use management of eight (8) categories of special equipments.
• An Implementing Rules was formulated by Shanghai Environmental Protection Bureau for administration of pollutant discharge permit.
• Updated Minimum Wage of Shanghai Municipality and Sh?nxi Province.

Contents

Labour

• < Measures on Treatment of Labour and Personnel Dispute in Guangdong Province >

Health and Safety

• < Measures for Supervision and Administration on Three-Simultaneity for Occupational Disease Protective Facilities of Construction Projects >
• < Administrative Regulation on Special Equipment Service >

Environment

• < Implementing Rules on Administration of Pollutant Discharge Permit in Shanghai Municipality >

Minimum Wage Standard Update

• Shanghai Municipality
• Sh?nxi Province

Summary of Law Updates:

Labour

1. < Measures on Treatment of Labour and Personnel Dispute in Guangdong Province > (2017-05-01)

The Measures on Treatment of Labour and Personnel Dispute in Guangdong Province (hereinafter referred to as Measures) has been deliberated and adopted by the People’s Government of Guangdong Province on 26th February, 2017 and it has come into force on 1st May, 2017. The previous Implementation Measures on Treatment of Labour and Personnel Dispute for Enterprises in Guangdong Province was abolished simultaneously. There are a number of highlights of the Measures on prevention, conciliation and arbitration system for labour and personnel disputes:

1. The communication in the prevention stage is improved. As required by the Measures, the employer shall establish communication and negotiation mechanism and facilitate the appeal channel for employee, respond in time to appeal from employees. In case of any labour or personnel dispute, the employer shall actively negotiate for settlement with employees. The labour union shall support and facilitate the employees to negotiate with the employer.
2. With multivariant channels, the conciliation will be easier. Multiple channels for application to conciliation are required by the Measures, and the parties concerned of labour and personnel dispute may select the local conciliation organization.
3. Quicker intervention, quicker settlement. As required by the Measures, when the conciliation application is received, the service organization of Human Resources and Social Security of village and town shall issue the receipt and collect the opinion of the concerned parties. The conciliation shall be started within 3 days and concluded, in principle, within 15 days.
4. The legal effect of mediation. As required by the Measures, the Conciliation Agreement shall be binding to both parties concerned and it shall be enforced by party(ies) concerned. If one of the concerned parties refuses to honour the agreement, the counter-party may apply for enforcement by the people’s court.
5. The bridge-over between conciliation and arbitration. The following four provisions are required by the Measures: A). the follow-up guidelines and assistance in case of failure to conciliation. B). to appoint conciliation organization to undertake the arbitration case. C). the examination and affirmation of the Conciliation Agreement. D). the convergence of ｅｘｅｃution for the Conciliation Agreement.
6. Institution of appearance of concerned parties. According to the Measures, it is to institutionalize the appearance (in person) of the concerned parties in labour and personnel dispute. If the concerned party refuses to appear in court without reasonable excuse and leads to that certain facts cannot be ascertained on his/her part, he shall bear the unfavourable consequences.
7. The bridge-over between arbitration and supervision & enforcement. The bridge-over system between arbitration and labour supervision shall be established. If the arbitration authority finds the entity to be in other breach of law in labour security, it may suggest the authority of labor security supervision to proceed according to law in order to prevent or reduce disputes.

Health and Safety

1. < Measures for Supervision and Administration on Three-Simultaneity for Occupational Disease Protective Facilities of Construction Projects > (2017-05-01)

According to the amended PRC Law of Prevention and Control of Occupational Diseases, the Measures for Supervision and Administration on Three-Simultaneity for Occupational Disease Protective Facilities of Construction Projects (hereinafter referred to as Measures) was adopted by the State Administration of Work Safety on 10th January, 2017 and it has come into force on 1st May, 2017. The previous Interim Measures for Supervision and Administration on Three-Simultaneity for Occupational Health of Construction Projects (hereinafter referred to as Interim Measures) was repealed simultaneously. The main changes of the Measures are listed as follows.

1. To adjust the general framework of requirements. Based on the different stages of the Three-Simultaneity (occupational disease protective facilities of construction projects shall be designed simultaneously, constructed simultaneously and put on production and service with the main part of the project) for occupational disease protective facilities of construction projects, it refines the requirements on obligations of construction entities which carry out pre-evaluation of the occupational hazards, the design of the occupational disease protective facilities, the evaluation of the effectiveness on occupational hazard control and the acceptance inspection of the occupational disease protective facilities for construction projects.
2. To abolish the examination and approval according to law. Items requiring administrative examination and approval, including review and approval (or put on file) for the pre-evaluation report of occupational hazards, design review for protective facilities of serious occupational hazards, and completion acceptance inspection (or put on file) for occupational disease protective facilities, which were provided by the Interim Measures for construction projects were removed.
3. Define explicitly the responsibilities of the entity. The Measures defines explicitly that the person in charge of construction entity shall organize occupational health professional and technical personnel to carry out the design review for evaluation report and occupational disease protective facilities, report the plan of completion acceptance inspection to the safety supervision department and then formulate a written report, and shall publish the relevant information through the bulletin board or network to subject to the supervision of workers and safety supervision departments.

2. < Administrative Regulation on Special Equipment Service > (2017-08-01)

The Administrative Regulation on Special Equipment Service (hereinafter referred to as Regulation) was promulgated by the General Administration of Quality Supervision, Inspection and Quarantine on 16th January, 2017 and it will come into force on 1st August, 2017. The Regulation integrates the basic requirements on use management of eight (8) categories of special equipments, and unifies the use registration procedure of special equipments. It is a comprehensive specification on use management of special equipments:

The existing Administrative Regulation on Gas Cylinder Service Registration (TSG R5001-2005）, Elevator Service Management and Maintenance Regulation (TSG T5001-2009）, Administrative Regulation on Cranes Service (TSG Q5001-2009), Administrative Rules on Pressure Pipe Service Registration (TSG D5001-2009) , Administrative Regulation on Pressure Vessel Service (TSG R5002-2013) and  Administrative Regulation on Boiler Service (TSG G5004-2014) will be repealed simultaneously. The main contents of the Regulation are listed as follows:

1. To define explicitly the user entity:
   A. If the special equipment is shared, the co-owner can appoint a property service entity or other appointee to manage the special equipment, then the appointee is the user entity; If the co-owners do not appoint, the de facto manager is the user entity, and if there is no de facto manager, the co-owners are the user entity.
   B. If the special equipment is for rent, the leasing entity is the user entity; In case otherwise provided by law or otherwise agreed in a contract, such provision or agreement shall prevail.
   C. For the newly installed elevator which has not been transferred to the property owner, the construction entity is the user entity; For elevators appointed to be managed by the property service entity, the property service entity is the user entity; For elevators self-managed by the property right owner, the property right owner is the user entity.
2. To define explicitly the obligations of the user entity:
   The user entity’s obligations include the establishment of management organization of special equipment safety which is equipped with safety managers and operators, and the use registration and establishment of ledger and technical files for special equipments.

Environment

1. < Implementing Rules on Administration of Pollutant Discharge Permit in Shanghai Municipality > (2017-04-30)

< Implementing Rules on Administration of Pollutant Discharge Permit in Shanghai Municipality > (hereinafter referred to as Implementing Rules) was formulated by Shanghai Environmental Protection Bureau, it has come into force on 30th April, 2017 and valid until 29th April, 2022. The previous Administrative Measures on Major Pollutant Discharge Permit in Shanghai Municipality was abolished simultaneously. Main contents of the Implementing Rules are as follows:

1. This Implementing Rules applies to the application, approval and issuance, implementation, supervision and administration of pollutant discharge permit for stationary pollution sources in Shanghai.
2. Shanghai municipality shall, according to the classified management catalogue of pollutant discharge permit formulated by the Ministry of Environmental Protection, propel the administration of pollutant discharge permit progressively in batches. The pollutant discharging entities shall apply for pollutant discharge permit within the time limit as prescribed by the catalogue and discharge pollutants according to the permit. It is prohibited to discharge pollutants prior to having a discharge permit or discharge pollutants beyond the permit.
3. The discharging entities (under the same legal entity or other organizations) in different geographical locations, shall apply for and obtain pollutant discharge permits individually.
4. The categories of pollutants from stationary pollution sources permitted to discharge by Shanghai municipality are as follows:
   A. Water pollutants such as COD (chemical oxygen demand), ammonia nitrogen, total nitrogen, total phosphorus and the first category of pollutants.
   B. Atmospheric pollutants such as sulphur dioxide, nitrogen oxides, particulate matter and VOC (volatile organic compounds).
   C. Hazardous wastes and general industrial solid wastes.
   D. Noise.
5. 5. Pollutant discharge permit shall be valid since the date of its issuance. The period of validity for the initial issuance of a pollutant discharge permit is three (3) years and the renewal of pollutant discharge permit shall be valid for five (5) years.

China Minimum Wage Standard Update – May 2017

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