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China Labor and Employment Law Update - March 2018

Submitted by Firm:
JunHe
Firm Contacts:
Hongjuan Bai, Jeffrey Wilson
Article Type:
Legal Update
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Government work report highlights employment issues

The annual government work report delivered by Premier Li Keqiang on March 5 at the opening session of the 13th National People's Congress (NPC) stated that more than 66 million new jobs have been created in urban areas in the past five years with the country achieving relatively full employment. Among the government’s targets for 2018 are more than 11 million new urban jobs with an urban unemployment rate under 4.5 percent.

The work report also mentioned several national other employment-related goals:

  • Increase the amount of compensation that is exempt from individual income tax and introduce deductions for children’s education and medical treatment of serious illnesses. Employers would likely be required to assist with such deductions when making monthly employee tax filings. In addition, Shi Yaobin, vice minister of the Ministry of Finance, reportedly indicated that the current individual income tax system will be simplified with salaries and service income being taxed at the same rates.
  •  Eliminate employment discrimination. In support of such a goal, Tan Lin, a NPC representative as well as the vice-chairwoman of All-China Women’s Federation, proposed that gender discrimination be added as an independent cause of action in order to facilitate the acceptance of discrimination claims by courts. She also proposed that a blacklist of employers that engage in discriminatory practices be compiled and published online and in the media.
  • Enhance portability of statutory medical insurance. The work report recommended that direct payment for medical services expenses incurred by employees in provinces other than their home provinces be made possible instead of requiring employees to pay the full amounts up front and then seek reimbursement from the medical insurance fund.

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