On 1 September 2016, the Ministry of Human Resources and Social Security issued the Measures for Publicizing Acts in Material Violation of Labour Protection Laws, which took effect on 1 January 2017.
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Under the measures, any employer who commits material violations of labour protection laws will see those acts publicized on the local government’s official website or in the media, such as a major local newspaper, TV, etc. Material violations will be publicized by the national or provincial authorities every six months, and by municipal and county authorities on a quarterly basis, though such violations may be publicized immediately when deemed necessary by the government. Once publicized, these material violations will become a part of the violator’s credit record.
Such penalties could be imposed on the employer if it:
- Deducts from or delays payment of employee labour remuneration without cause or faces judicial assessment of criminal liability for refusal to pay labour remuneration;
- Fails to purchase social insurance or to pay social insurance premiums;
- Violates the provisions on working hours, rest and leave;
- Fails to provide special protection for female and underage employees;
- Uses child labour;
- Violates labour protection laws causing serious adverse social influences; or
- Commits other acts in material violation of labour protection law.
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Business Law Digest is compiled with the assistance of Baker McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker McKenzie by e-mailing Danian Zhang (Shanghai) at: danian.zhang@bakermckenzie.com
