Decision on Amending the PRC Population and Birth Control Law

Date: Jan 2016

PRC Employment Law News Alert (07 Jan 2016)TransAsia Lawyers

On 27 December 2015, the 18th Session of the Standing Committee of the 12th National People’s Congress adopted its Decision on Amending the PRC Population and Birth Control Law. The amendments in question took effect as of 1 January 2016. The amended Birth Control Law (New Law) expressly states that all couples in China are henceforth encouraged to have two children under a “nationwide two-children policy” promulgated by the 5th Plenary Session of the 18th National Congress of the Communist Party of China. Aside from the overall social implications of the New Law, it is important for employers to note from a practical perspective because it will be necessary for them to amend their internal rules and policies (e.g., their employee handbooks) accordingly. In particular, rules and policies on marriage, maternity leave and employee benefits will need to be revised to reflect not only the changes introduced by the New Law, but also all corresponding reforms to local labor regulations.

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