Legislation roundup: Online streaming, labor disputes and residence permits
August 22, 2018 | BY
Susan MokOnline streaming service providers are required to carry out ICP record filing procedures, Guangdong clarifies on labor arbitration and litigation issues, and Hong Kong, Macao and Taiwan residents may apply for mainland residence permits.
Cybersecurity
National Office Against Pornographic and Illegal Publications, Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Culture and Tourism, National Radio and Television Administration and Cyberspace Administration of China, Circular on Strengthening the Administration of Online Streaming Services
An online streaming service provider shall carry out website ICP record filing procedures with the competent telecommunications authority in accordance with the law. An online streaming service provider that is involved in the provision of services such as telecommunications services shall apply to the relevant department for a permit for engaging in the provision of telecommunications services, and, within 30 days from its streaming services going online, carry out public security record filing procedures with the local public security authority in accordance with relevant provisions.
Further reading
Labor
Guangdong Province, Several Opinions on the Convergence of Arbitration and Litigation Regarding Labor and Public Personnel Disputes
The nature of the work relationship between an online platform operator and relevant employees shall, in principle, be handled in accordance with what has been agreed on. If the parties are in a contracting relationship where each party bears his/her and its own profits and losses or have entered into an operating contract, investment contract, etc. pursuant to which they establish a risk sharing and profit sharing distribution mechanism, they shall not be deemed to be in an employment relationship.
Further reading
General Office of the State Council, Measures for the Application for, and the Issuance of, Residence Permits for Hong Kong, Macao and Taiwan Residents
A Hong Kong, Macao or Taiwan resident who has resided on the mainland for at least half a year and satisfies any one of the following conditions: having lawful and steady employment, having a lawful and stable residence or is pursuing an education on an ongoing basis, may, of his or her own volition, apply for and secure a residence permit.
Further reading
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