On June 3, 2016, the State Administration of Work Safety issued the revised Administration Measures for Emergency Plans for Workplace Accidents (the “Measures”), which will take effect on July 1, 2016. The revised Measures mainly cover three new aspects: (1) to become prevention-oriented and focus on preparation in advance; (2) to solve the formalistic problem of contingency plans, and put the contingency plans under daily dynamic management in workplaces; (3) to stress the operability in the development process of plans. The Measures provide a targeted response to the long existing risks in the emergency plans of production safety accidents.
Public Comments Sought for Guidelines on Identification of Illegal Proceeds of Operators by Monopolistic Practices and Determination of Fines
Recently, the National Development and Reform Commission issued the Guidelines on the Identification of Illegal Proceeds of Operators by Monopolistic Practices and the Determination of Fines (Draft for Comment) (the "Guidelines") to seek public comments from June 17, 2016 to July 6, 2016.
The Guidelines provide an analytical framework and some basic methods, through which the anti-monopoly law enforcement authorities may, when conducting investigations on any operator who has concluded and implemented any monopoly agreement or abused its dominant market position, identify the illegal proceeds obtained by such operator and determine the fine to be imposed on the same. Meanwhile, the Guidelines also clarify that, when identifying any illegal proceeds, the anti-monopoly law enforcement authorities will consider comprehensively the changes of the relevant products, sales volume, the shares of the operator in relevant market and the profit margin of the operator due to the implementation of monopolistic practices, as well as the industrial characteristics, etc., and may carry out economic analysis if necessary.
SAIC Adjusts Catalog of Business Registration Matters Subject to Prior Approval
On June 24, 2016, the State Administration for Industry and Commerce ("SAIC") issued the Circular on Adjusting the Catalog of Business Registration Matters Subject to Prior Approval (the "Circular").
The Circular adjusts the Catalog of Business Registration Matters Subject to Prior Approval (the "Catalog") attached to the Circular of the State Administration for Industry and Commerce on Strictly Implementing the Reform of Issuing a License before an Operating Permit and Business Registration Matters Subject to Prior Approval and the Catalog of Guidance on Prior Approval before Enterprises' Changes in or Cancellation of Registration again. After adjustment, the Catalog retains 34 business registration matters determined by the State Council to be subject to prior approval, which include approval for establishment of and changes to foreign-invested enterprises. The Catalog lists the implementation organ and the basis on which prior approval is set for each matter.
Beijing Municipal Environmental Protection Bureau issued the first instalment of Environmental Protection Guiding Cases in 2016
On July 13, 2016, Beijing Municipal Environmental Protection Bureau issued the first instalment of Environmental Protection Guiding Cases in 2016. The ten cases at list cover various types of manufacturers and different means of disposing methods, among which there is one case concerning textile enterprises. On December 1, 2015, during the site inspection of PKUCare Beijing Medical Textile Co. Ltd., Tongzhou District Environmental Protection Bureau found that the chemical oxygen demand (COD) of the sewage exceeded 3.25 times the emission standard. Consequently, PKUCare was fined 5 times the sewage charges they should have paid annually; the total fine reached RMB 776,664. The case was listed as guiding case for its huge amount of penalties, cracking down on illegal pollutant discharge of enterprises, and acting as a strong deterrent on other enterprises.
Measures for Payment of Wage by Companies of Shanghai
According to Shanghai Municipal Human Resources and Social Security Bureau, the newly revised Measures for Payment of Wage by Companies of Shanghai will be implemented on August 1, 2016.
The Measures states that if the workers provide regular work during probation, wages paid by the company shall not be less than 80 percent of minimum wages paid to persons of the same position in the same company, or less than 80 percent of the wages agreed in the labor contract, and at the same time not under the minimum wage standard specified by the municipal government. It also provides while the per-hour wage of non-full-time employment shall be agreed between the company and the workers, likewise, it shall not be less than the minimum wage standard specified by the municipal government, and the period of remuneration shall not be longer than 15 days.