China Labour Law Updates: April 2023

Stay up-to-date with the latest labour law updates in China. We have compiled essential updates from major cities in China, so you can stay informed in real-time!

1. Mandatory Childcare and Eldercare Leave

The General Office of the People’s Government of Tianjin Municipality has released a notice detailing the Implementation Measures for Leave and Vacation.

The regulations in the notice stipulate that marriage leave and childcare leave are calculated based on working days, excluding statutory holidays and rest days. In contrast, maternity leave, paternity leave, and nursing leave are calculated based on the calendar days, which includes statutory holidays and rest days.

Based on the relevant notice of the “Guangdong Province Population and Family Planning Regulations”, it is stated that nursing leave cannot be taken concurrently with other types of leave.

Working adults are entitled to a maximum of five days nursing leave per year if both parents are above the age of sixty. If a parent is hospitalised due to illness, the total accumulated nursing leave for the year should not exceed fifteen days. The nursing leave period is calculated based on a calendar year and can be divided into a maximum of two periods within the same year, with the total duration of leave not exceeding five of 15 days, depending on the circumstances.

Similarly, parental leave cannot be saved up. If there are two or more children under the age of three, both parents are eligible to only 10 days of parental leave each year, until the youngest child turns three.

2. New Minimum Wage

LocationEffective DateMinimum Wage per Hour (RMB)
Taiyuan, Shanxi ProvinceJanuary 202321.30

LocationEffective DateMinimum Wage per Month (RMB)
Taiyuan, Shanxi ProvinceJanuary 20231,980

3. Taxable Housing Provident Fund

Starting 1 April 2023, Shanghai implemented the ‘Shanghai Housing Provident Fund (HPF) Deposit Management Measures’, aiming to improve the management of the city’s HPF deposits and safeguard the legitimate rights and interests of HPF owners. This measure is based on the State Council’s ‘Regulations on Management of Housing Provident Fund’ and ‘Several Provisions on the Management of Housing Provident Fund in Shanghai’, in combination with the city’s circumstances.

The measure specifies the units that are responsible for the HPF deposit of their employed workers and clarifies the HPF deposit responsibility for labour dispatch work. It also expands the coverage of the voluntary deposit system, improves the mechanism for combining HPF and supplementary HPF deposits, and provides clear guidelines for the management of supplementary HPF deposits in comparison to HPF deposits.

In addition, the measure emphasizes that the HPF center’s role in strengthening supervision and inspection of the units’ HPF deposit, increasing punishment and dishonesty measures for units that fail to comply with laws and regulations, and effectively protecting the legitimate rights and interest of employees.

4. Unused Statutory Annual Leave Encashment

The Jiangsu Provincial Higher People’s Court recently abolished some of its judicial documents, including the ‘Guiding Opinions on Handling Paid Annual Leave Disputes’ that was issued in 2019. The opinion consisted of only five articles and aimed to bring disputes over annual leave within the purview of judicial jurisdiction. However, in line with its action to clear up judicial documents before 31 December 2020, the court decided to abolish certain documents that have been superseded by the latest laws, regulations, and judicial interpretations. As a result, this opinion is no longer being implemented.

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