China: Shanghai issued the Employment Promotion Regulations

The Regulations propose to build a childbearing-friendly employment environment, making childbearing-friendly employment as one of the social responsibilities undertaken by employers. In addition, the Regulations specify that the employer shall not stipulate in the labor contract, service agreement or rules and regulations restricting female employees’ rights to marriage and childbirth, etc.

Regarding the protection of the employment rights and interests of employees who have suffered from infectious diseases, the Regulations stipulate that the employer shall not refuse to employ employee who is a pathogen carrier of an infectious disease or has ever suffered from an infectious disease.

For strengthening the protection of personal information, the Regulations stipulate that employer shall not access information such as diagnosis and treatment records, medical test reports, criminal records etc., of the employees or require the employees to provide information unrelated to the performance of the employment contract when recruiting employees.

In terms of supporting flexible employment and responding to new issues arising from new forms of employment, the Regulations further emphasize the issue of flexible employment, requiring the internet platform enterprises conclude employment contracts or written agreements with employees based on the specific employment situation.

Key Action Points

Shanghai has issued the local regulations on Employment Regulation, demonstrating its determination to stabilize and expand employment. Employers shall focus on the prohibitive provisions in the Regulations and make corresponding adjustments in terms of employment contracts, rules and regulations, service agreements and recruitment procedures, etc. as soon as possible to meet the latest requirements of the Regulations.