Legislation roundup: Guangdong collective bargaining, online personal information disputes and residential financing

October 16, 2014 | BY

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The Guangdong province has released collective bargaining contract rules for its enterprises, the SPC has strengthened private information rights against online providers and the PBOC and CBRC have relaxed housing loan policies

Employment

Guangdong Province, Enterprise Collective Contract Regulations
广东省企业集体合同条例

In Guangdong, employees may carry out collective bargaining with enterprises on the following matters:

(1) the determination, increase and reduction of labor remuneration;
(2) working hours;
(3) rest time and leave;
(4) work safety and hygiene; and
(5) insurance and benefits.

See the full translation .

Further reading
Why workers' insurance matters
How to deal with labour crises
Bill for the Amendments to the PRC Work Safety Law (Draft)
China question: What are some of the key things I should look at when drafting employment contracts?
China question: How do I terminate an employment contract in China?
Interpretation on Several Issues Concerning the Application of the Law in the Trial of Employment Disputes (4)
PRC Employment Contract Law (Revised)
Employment Contract Law: loopholes revealed


Data protection

Supreme People's Court, Provisions on Several Issues Concerning the Application of the Law in the Trial of Civil Dispute Cases Involving the Use of Information Networks to Infringe Personal Rights and Interests
最高人民法院关于审理利用信息网络侵害人身权益民事纠纷案件适用法律若干问题的规定

If an online user or network service provider uses the network to disclose private information such as a natural person's genetic information, medical history, health examination information, criminal record, home address or private activities, or other personal information, causing harm to another, and the injured party requests that he/she/it bear tort liability, the people's court shall uphold such request.

See the full translation .

Further reading
Courts get tough on ISPs
Cracking down on e-commerce
Measures for the Administration of Online Trading
SAIC's consumer protection comes at a price
How to design a data privacy strategy in China


Financing

People's Bank of China and China Banking Regulatory Commission, Circular on Further Duly Carrying out Residential Financing Service Work
中国人民银行、中国银行业监督管理委员会关于进一步做好住房金融服务工作的通知

For a household purchasing its first unit of own-use ordinary residential premises with a loan, the minimum down payment rate shall be 30%, with the lower limit on the loan interest rate being 0.7 times the benchmark loan interest rate. Where a household that owns one unit of residential premises and has repaid the housing loan in full applies for another loan to purchase ordinary commercially developed residential premises in order to improve its living conditions, the bank shall implement the policy for loans for first unit of residential premises.

See the digest for more details.

Further reading
Beijing Municipality, Circular on the Implementation of Differential Policies for Personal Housing Fund Mortgage Loans
Shanghai Municipality, Opinions on Thoroughly Implementing the «General Office of the State Council, Circular on Continuing to Duly Regulate and Control the Real Property Market»

Getting the most out of property purchase contracts – Guangdong Focus
New property laws offer investors security – Macau Focus
Guangzhou City, Opinion on Improving the Regulation and Control of the Real Property Market

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