On September 1, 2016, the PRC Ministry of Human Resources and
Social Security ("MOHRSS") issued the Public
Announcement of Major Labor and Social Security Violation Acts
Measures ("Measures"), which will take effect on
January 1, 2017. Under the Measures, major labor and social
security law violations will be announced through labor
authorities' official websites and major local media, as well
as recorded in the employer's labor and social security credit
file. In addition, they will be included in a human resources
social security credit system, as part of the national society
credit system, to be shared with other government agencies and
organizations. Municipal and county-level labor authorities are
required to announce major violation cases once a quarter, and
MOHRSS and provincial level labor authorities are required to make
announcements twice a year.
Major labor and social security violations include: (i) delaying
or deducting salary payments or refusing to make salary payments;
(ii) refusing to enroll in the social insurance system or refusing
to make social insurance contributions; (iii) serious violations of
rules on working time, rest time, holidays, protection of female
employees and minor employees (under the age of 18 but reaching the
age of 16), or prohibition of hiring child laborers (under the age
of 16); and (iv) violations causing severe adverse impact to
What is regarded as "serious" or "severe"
will be determined by local labor authorities according to their
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