Compliance advised on labour protection measures

On 25 July 2016, China’s Ministry of Human Resources and Social Security (MOHRSS) issued the Measures on Evaluating and Rating Enterprises’ Compliance and Credibility of Labour Protection, which will come into effect on 1 January 2017.

Pursuant to article 6 of the measures, the MOHRSS will evaluate and categorize enterprises based on the following criteria:

(1) Internal labour protection rules and policies of the employers;

(2) Execution of labour contracts by and between employers and employees;

(3) Compliance with labour dispatch regulations;

(4) Compliance with regulations banning child labour (under 16 years);

(5) Compliance with regulations protecting female employees and juveniles (above 16 years but under 18 years);

(6) Compliance with regulations pertaining to working hours, rest days and holidays;

(7) Payment of wages and implementation of minimum wage standards;

(8) Participation in social security schemes and payment of premiums; and

(9) Compliance with other applicable labour protection laws, rules and regulations.

Mah Soon Sin is a foreign legal consultant at AllBright Law Offices in Shanghai, and Helen Hu is a senior associate at the firm