Summary:

• The local Implementation Rules on Matters of Implementing the Employment Contract Law has been gazetted by Tianjin Municipal Bureau of Human Resources and Social Security to enforce the Employment Contract Law and its Implementing Regulation.
• In order to mitigate and dissolve special difficulties from physiological characteristics of female employees in the course of works, the local Special Regulation on Labour Protection for Female Employees has been gazetted by Jiangsu Provincial People’s Government.
• The local Regulation on Risk Management and Control and Hidden Danger Governance of Safety Production was gazetted by Hebei Provincial People’s Government to reinforce the supervision and administration of production safety, prevent and reduce production safety accident.
• The Methods for Major Fire Potential Judgment was gazetted by the Standardization Administration of the People’s Republic of China to provide a technical basis on fire safety assessment.
• The Acceptance Check Technical Guidelines on Environmental Protection for Completed Construction Projects – Category of Pollution Impacts was issued by the Ministry of Ecology and Environment to standardize and refine the criteria and procedure of acceptance check on environmental protection for completed construction projects, and improve the operability.
• The Administrative Measures on Soil Environment of Lands for Mining and Industry (Trial) was promulgated by the Ministry of Ecology and Environment to strengthen the supervision and administration of soil and ground water environment and prevent the pollution of soil and ground water.
• Updated Minimum Wage Standard of Guangdong Province, Jiangsu Province and Beijing Municipality.

Labour

• < Implementation Rules on Matters of Implementing the Employment Contract Law in Tianjin Municipality >
• < Special Regulation on Labour Protection for Female Employees in Jiangsu Province >

Health and Safety

• < Regulation on Risk Management and Control and Hidden Danger Governance of Safety Production in Hebei Province >
  
• < Methods for Major Fire Potential Judgment > GB35181-2017
  

Environment

• < Acceptance Check Technical Guidelines on Environmental Protection for Completed Construction Projects – Category of Pollution Impacts >
• < Administrative Measures on Soil Environment of Lands for Mining and Industry (Trial) >

Minimum Wage Standard Update

• Guangdong Province, Jiangsu Province, Beijing Municipality

Summary of Law Updates:

Labour

1. < Implementation Rules on Matters of Implementing the Employment Contract Law in Tianjin Municipality > (2018-08-01)

The Implementation Rules on Matters of implementing the Employment Contract Law in Tianjin Municipality (hereinafter referred to as Rules) has been gazetted by Tianjin Municipal Bureau of Human Resources and Social Security on 2nd July 2018 and it will come into force on 1st August 2018. The period of validity will be five years.

Main provisions of the Rules are as follows:

• The labour relationship between the employer and its labourers is established from the date of employment. The date of employment refers to the date on which the labourer begins to accept the management of the employer and engages in the work arranged by the employer. If the employer arranges labourers to participate in pre-job training, the labour relationship is established from the day of the labourers participating in the training.
• The employer shall explicitly agree with the labourer in the employment contract on the base figure of calculation for overtime wages.
  
• If an employer agreed with its labourer on not to pay the social insurance premium or pay less than required, the agreement is invalid, and it shall be deemed as no payment or short payment of social insurance premium caused by the employer.
  

2. < Special Regulation on Labour Protection for Female Employees in Jiangsu Province > (2018-07-01)

The Special Regulation on Labour Protection for Female Employees in Jiangsu Province (hereinafter referred to as Regulation) has been gazetted by Jiangsu Provincial People’s Government on 8th May 2018 and it has come into force on 1st July 2018.

Main contents of the Regulation are as follows:

• The employer shall carry out collective bargaining with labour union on the protection of the special rights and interests of female employees, and conclude a special collective contract on special protection for female employees (or establish dedicated chapter of provisions on special protection for female employees in the collective contract).
• According to different periods of physiological characteristics of female employees, including menstruation, preparation of pregnancy, pregnancy, perinatal period, lactation, and menopause, the corresponding labour protection that the employer shall render female employees is standardized respectively. For example, for female employees who are pregnant for less than 3 months or more than 7 months, it is not allowed to extend the working hours or arrange night work for them, and at least one hour of coffee break should be arranged per day.
• Upon the application of female employees and after approval by the employer, the female employees may take breastfeeding leaves of not exceeding 6 months.
• The health examination shall be provided to female employees at least once per year.

Health and Safety

1. < Regulation on Risk Management and Control and Hidden Danger Governance of Safety Production in Hebei Province > (2018-07-01)

The Regulation on Risk Management and Control and Hidden Danger Governance of Safety Production in Hebei Province (hereinafter referred to as Regulation) was deliberated and adopted by the Hubei Provincial People’s Government and it has come into force on 1st July 2018. Specific provisions are provided by the Regulation to reinforce the identification, management and control of risks, and the troubleshooting and governance of hidden dangers:

• The responsibilities on risk factor identification, management and control of the production and business entities are defined. For instance, the corresponding safety rules for operation shall be modified for improvement timely according to the changes in the link of manufacturing techniques, equipment, and design.
• The frequency and contents on risk identification of the production and business entities are provided. The production and business entities shall carry out a full risk identification within 3 years after the Regulation came into force. After the 3-year period, the production and business entities of high-risk industry shall carry out the full risk identification once per year, and other production and business entities shall carry out it once per 3 years.
  
• It is required that the hierarchical management and control on risks shall be carried out by the production and business entities.
  
• The frequency and contents on troubleshooting of the hidden dangers are provided for the production and business entities.
  
• The responsibilities on supervision and administration of the government departments are defined explicitly. For instance, the departments of the provincial people’s government be responsible for supervision and administration of safety production shall formulate and issue the instruction manual or guidelines on hierarchical risk management and control, and hidden danger troubleshooting within 6 months from the Regulation coming into force, and then amend the manual or guidelines bi-yearly.
  

2. < Methods for Major Fire Potential Judgment > GB35181-2017 (2018-07-01)

The Methods for Major Fire Potential Judgment (hereinafter referred to as Methods) was gazetted by the Standardization Administration of the People’s Republic of China and it has come into force on 1st July 2018.  Direct judgment elements for major fire potential defined by the Methods are mainly as follows:

• The place for production, storage or operation of flammable, explosive or dangerous substance is set up in a same building with assembly occupancies or place of inhabitation, or its fire separation distance from assembly occupancies or place of inhabitation is less than 75% of the specified value of the national fire prevention technical standards of engineering constructions.
• The production area or warehouse of Classes A and B is set up in the basement or semi-basement of the building.
• The storage tank (area) of flammable or combustible liquid, or combustible gas is not equipped with fixed facilities for fire-fighting, cooling, combustible gas concentration alarm and fire alarm according to the national fire prevention technical standards of engineering constructions.
• Usage, storage or selling of flammable, explosive or dangerous substance in assembly occupancies against the fire safety regulations.
  
• The place of inhabitation in assembly occupancies is built with Color-Coated Steel Sandwich Panel, and the combustion performance rating of the core material of the Color-Coated Steel Sandwich Panel is lower than Grade A provided by the national standard GB8624.
  

Environment

1. < Acceptance Check Technical Guidelines on Environmental Protection for Completed Construction Projects – Category of Pollution Impacts > (2018-05-16)

The Acceptance Check Technical Guidelines on Environmental Protection for Completed Construction Projects – Category of Pollution Impacts (hereinafter referred to as Guidelines) was issued by the General Office of the Ministry of Ecology and Environment on 16th May 2018.

This Guidelines applies to the acceptance check on environmental protection for completed construction projects in the category of pollution impacts. If a dedicated industrial technical guidelines of acceptance check is issued then it shall be prevailed, but in case some requirements of a certain area are not provided in the industrial technical guidelines then this Guidelines shall be carried out.

This Guidelines provides the general requirements of the acceptance check on environmental protection of completed construction projects in the category of pollution impacts, such as the procedure, self-inspection, monitoring and testing program and report compiling, and monitoring and testing technology. In addition, recommended acceptance check procedure and methodology, format of Acceptance Check Monitoring and Testing Report (Form), methodology for records of operating conditions, format for conclusion and suggestions of acceptance check and supplementary instructions for Other Items Need to be Specified are listed in the appendices of this Guidelines as reference for the construction entities.

2. < Administrative Measures on Soil Environment of Lands for Mining and Industry (Trial) > (2018-08-01)

The Administrative Measures on Soil Environment of Lands for Mining and Industry (Trial) (hereinafter referred to as Measures) was promulgated by the Ministry of Ecology and Environment on 3rd May 2018 and it will come into force on 1st August 2018.

This Measures applies to the entities of regulatory focus (hereinafter referred to as Focus Entities) engage in industrial or mining production and operation with soil environment pollution. For instance, the electroplating and tanning industries of regulatory focus subject to pollutant discharge permission.

Main contents of this Measures are as follows:

• The Focus Entities shall carry out the soil and ground water status quo investigation in lands for mining and industry for new construction, reconstruction and expanded construction projects in the process of environmental impact assessment.
  
• The Focus Entities shall design, construct and set up or install applicable measures of anti-corrosion and leak prevention, and leak detecting equipment if they build facilities with soil pollution risk.
• The Focus Entities shall register the information of underground tank, in which toxic or hazardous substance is stored, to the local competent ecology and environment administrative authority at the municipal level with districts.
• The Focus Entities shall establish a system on troubleshooting of hidden pollution for soil and ground water.
• The Focus Entities shall carry out regular monitoring and testing of soil and ground water by themselves or a third party.
• The Focus Entities shall troubleshoot the source of pollution, find out the cause of pollution, and adopt proper measures to prevent added pollution, in addition, carry out the soil and ground water environment investigation and risk assessment, and adopt measures of risk management and control, or governance and remediation, if evidence of pollution of soil and ground water in lands for mining and industry is found.
  
• The Focus Entities shall carry out safe treatment and disposal for residual materials and contaminants, contaminated equipment and facilities from the dismantlement, and keep related records adequately.
  
• The Focus Entities shall carry out a preliminary investigation on soil and ground water environment and disclose to the public prior to the termination of production and business operation. The Focus Entities shall carry out a thorough investigation, risk assessment, risk management and control, pollution governance and remediation if the detected soil pollution level exceeds the relevant standards.
  

China Minimum Wage Standard Update- July 2018

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