Page 7 - SCBJ-201603
P. 7
March 2016
1 this year, there have still not been of other rules. Adoption no longer for example, has yet to publish local
many announcements from provincial influences your right to give birth to legislation but is widely expected to follow
governments. The southern province your own children, and restrictions have a similar approach to Guangdong. Thus
Guangdong is the first in the country to also been lifted concerning giving birth far, in line with the state policy, late-
revise its maternity leave rules in the wake to more children in cases where a child childbirth and late-marriage incentives
of the ‘two-child policy’ being introduced dies. Notably, maternity leave has been will no longer be offered. Most provinces
nationwide. increased from the national baseline of 98 are expected to publish legislation in the
days to 128 days; whilst paternity leave coming weeks or months, likely replacing
New national and local legislation may now stands at 15 days, up from 10 days. previous incentives to discourage
cause complications for businesses At this point, those who still choose to childbirth with longer maternity leave,
operating in China on two fronts. Firstly, have just one child will continue to receive and other benefits designed to reverse
despite the new legislation applying certain benefits, as was previously the population trends.
nationwide, individual provinces may case.
soon publish their own additions. The New Year has heralded significant
Although China is moving towards a ‘two- A Cautious and Prudent Approach Is reform to China’s family planning
child policy’, it’s important to be aware Advisable legislation, as the government looks to
that local changes to maternity leave, and shift its course to a ‘two-child policy’
related laws, will likely occur. In late-2015 there existed an examination and re-balance the population. Although
system for those couples that wished only Guangdong has so far released
Secondly, businesses may be in to have a second child. This has now accompanying revisions, many other
a vulnerable position during the been abolished on a national level and provinces are expected to take similar
transition period between the old and replaced with a far simpler registration action and make adjustments to maternity
new regulations. Local government in procedure, opening up the possibility leave and related laws. Late-marriage
Shanghai has taken steps to address of a second child to all couples. Despite and late-childbirth benefits have been
concern surrounding this ‘cross-over’ these advances the Guangdong local discarded, but other benefits will now be
period by stating that only those who were government has reiterated that the era introduced to take their place. During the
married before December 31 will be able of family planning in China is not over – ‘cross-over’ period, it is advisable to take
to enjoy the benefits previously associated rather, legislation has merely been revised a cautious approach, following the new
with late-marriage or childbirth. from a ‘one-child policy’ to a ‘two-child national legislation but also remaining
Nonetheless, it’s important to maintain a policy’. aware of any local revisions that may
cautious approach and be receptive to any occur in the opening months of 2016.
changes in the coming weeks, particularly However, it’s important to bear in mind
on a local level. that each province may end up following
a slightly different approach. Shanghai,
Guangdong Province First to Publish
Local-Level Legislation
Being the first area to publish local Since its establishment in 1992, Dezan Shira & Associates has been guiding foreign clients
legislation, Guangdong sets a precedent through Asia’s complex regulatory environment and assisting them with all aspects of
for what we might expect to see from legal, accounting, tax, internal control, HR, payroll and audit matters. As a full-service
other provinces in the coming weeks. consultancy with operational offices across China, Hong Kong, India and emerging
While national policy is aimed at ASEAN, we are your reliable partner for business expansion in this region and beyond.
encouraging more couples to have two
children the province has, in addition For inquiries, please email us at info@dezshira.com. Further information about our firm
to scrapping late-marriage and late- can be found at: www.dezshira.com.
childbirth incentives, loosened a number
5
1 this year, there have still not been of other rules. Adoption no longer for example, has yet to publish local
many announcements from provincial influences your right to give birth to legislation but is widely expected to follow
governments. The southern province your own children, and restrictions have a similar approach to Guangdong. Thus
Guangdong is the first in the country to also been lifted concerning giving birth far, in line with the state policy, late-
revise its maternity leave rules in the wake to more children in cases where a child childbirth and late-marriage incentives
of the ‘two-child policy’ being introduced dies. Notably, maternity leave has been will no longer be offered. Most provinces
nationwide. increased from the national baseline of 98 are expected to publish legislation in the
days to 128 days; whilst paternity leave coming weeks or months, likely replacing
New national and local legislation may now stands at 15 days, up from 10 days. previous incentives to discourage
cause complications for businesses At this point, those who still choose to childbirth with longer maternity leave,
operating in China on two fronts. Firstly, have just one child will continue to receive and other benefits designed to reverse
despite the new legislation applying certain benefits, as was previously the population trends.
nationwide, individual provinces may case.
soon publish their own additions. The New Year has heralded significant
Although China is moving towards a ‘two- A Cautious and Prudent Approach Is reform to China’s family planning
child policy’, it’s important to be aware Advisable legislation, as the government looks to
that local changes to maternity leave, and shift its course to a ‘two-child policy’
related laws, will likely occur. In late-2015 there existed an examination and re-balance the population. Although
system for those couples that wished only Guangdong has so far released
Secondly, businesses may be in to have a second child. This has now accompanying revisions, many other
a vulnerable position during the been abolished on a national level and provinces are expected to take similar
transition period between the old and replaced with a far simpler registration action and make adjustments to maternity
new regulations. Local government in procedure, opening up the possibility leave and related laws. Late-marriage
Shanghai has taken steps to address of a second child to all couples. Despite and late-childbirth benefits have been
concern surrounding this ‘cross-over’ these advances the Guangdong local discarded, but other benefits will now be
period by stating that only those who were government has reiterated that the era introduced to take their place. During the
married before December 31 will be able of family planning in China is not over – ‘cross-over’ period, it is advisable to take
to enjoy the benefits previously associated rather, legislation has merely been revised a cautious approach, following the new
with late-marriage or childbirth. from a ‘one-child policy’ to a ‘two-child national legislation but also remaining
Nonetheless, it’s important to maintain a policy’. aware of any local revisions that may
cautious approach and be receptive to any occur in the opening months of 2016.
changes in the coming weeks, particularly However, it’s important to bear in mind
on a local level. that each province may end up following
a slightly different approach. Shanghai,
Guangdong Province First to Publish
Local-Level Legislation
Being the first area to publish local Since its establishment in 1992, Dezan Shira & Associates has been guiding foreign clients
legislation, Guangdong sets a precedent through Asia’s complex regulatory environment and assisting them with all aspects of
for what we might expect to see from legal, accounting, tax, internal control, HR, payroll and audit matters. As a full-service
other provinces in the coming weeks. consultancy with operational offices across China, Hong Kong, India and emerging
While national policy is aimed at ASEAN, we are your reliable partner for business expansion in this region and beyond.
encouraging more couples to have two
children the province has, in addition For inquiries, please email us at info@dezshira.com. Further information about our firm
to scrapping late-marriage and late- can be found at: www.dezshira.com.
childbirth incentives, loosened a number
5
