China Labour Law Updates: May 2023

Are you aware of the latest labour law updates in China? We highlight the essential legal changes that took place in May 2023 that you should pay attention to across the key states in China!

1. New Minimum Wage

LocationEffective DateMinimum Wage per Month(RMB)
Baoji, Shaanxi ProvinceMay 20232,050
Xi An, Shaanxi ProvinceMay 20232,160

2. High Temperature Allowance

The Tianjin Municipal Human Resources and Social Security Bureau has issued a notice regarding the “Implementation of the High Temperature Subsidy System.” This notice aims to enhance labor protection measures for working under the hot weather and safeguard the well-being of workers, as well as their legitimate rights and interests. Effective from June 1, 2023, this policy will be in effect until May 31, 2028. The high temperature allowance system outlined in the notice is as follows:

  1. If an employer assigns a worker to perform outdoor work under the hot weather (with a daily maximum temperature of 35°C or higher) and fails to implement effective measures to reduce the workplace temperature below 33°C, they are required to provide the worker with a high temperature allowance.
  2. The high temperature allowance is 41 yuan per day, equivalent to 12% of the average daily salary of employees in the city for the previous year. This allowance is calculated daily but paid monthly. It is included in the total wages but is not considered a component of the minimum wage.
  3. High temperature allowances should be provided to workers in the form of monetary compensation and should not be substituted with physical items or securities such as refreshing drinks, heatstroke prevention supplies, or cooling equipment.

3. Mandatory Eldercare Leave

The “Guangdong Provincial Population and Family Planning Regulations” requires employers to enhance their employment management, specifically addressing wages and benefits during nursing leave and other leaves. Employers should communicate with employees to determine salary and benefits during nursing leave, and it is advisable to formalize these agreements through a collective contract. Employers are encouraged to pay wages during nursing leave at the same rate as reward leave and paternity leave, thereby demonstrating their commitment to social responsibility and humanistic care. The wages provided during nursing leave must not fall below the minimum wage in the respective region.

To facilitate the process, employers can specify requirements and documentation regarding the materials needed for employees to apply for nursing leave. Alternatively, they can consider accepting a written commitment as the simplified leave application.

Furthermore, if employers fail to comply with the provisions of the “Family Planning Regulations” regarding nursing leave arrangements, the Ministry of Human Resources and Social Security at or above the county level has the authority to issue corrective orders within a specified timeframe. This ensures the effective implementation and enforcement of the holiday system outlined in the “Family Planning Regulations.”

4. Mandatory Childcare Leave

Starting from 1 March 2023, Dalian City in the Liaoning Province has implemented the “Liaoning Provincial Population and Family Planning Regulations” to effectively enforce the national optimal fertility policy. This aims to achieve a moderate fertility rate and ensure long-term balanced population development. Under this policy, couples are allowed to have up to three children and are encouraged to register their births before or during the first trimester of pregnancy. By doing so, they can promptly access comprehensive medical care services throughout the entire pregnancy and childbirth process.

In addition to the national holiday system, legally married couples in Dalian are entitled to an additional seven days of marriage leave; Postpartum women are eligible for an extended maternity leave of 60 days, while men can enjoy 20 days of paternity leave. Couples with children under the age of three are also entitled to cumulative parental leave of 10 days per year. During these leave periods, employees should receive their regular salary and maintain their existing benefits.

Furthermore, the Measures provide specific provisions for employees undergoing family planning procedures, benefits for holders of the “Honorary Certificate for Parents of Only Children,” and support measures from relevant organizations. For further information, please refer to the official website of the Dalian Municipal People’s Government to access relevant details.

Have more questions regarding labour laws in China? Get in touch with one of our representatives today!

Related articles:

1. Labour Law Insider- APAC 2023 Q2 Legislation Update

2. What China’s PIPL (Personal Information Protection Law) Means for HR teams? – An HR PIPL Compliance Checklist

3. China Labour Law Updates: April 2023

4. China Labour Law Updates: March 2023