January 30 2008
Employers are now required to keep their employees' personal information confidential pursuant to new regulations issued by the Ministry of Labour and Social Security on October 30 2007.
The Employment Service and Employment Management Regulations also require that employers obtain their employees' written consent before disclosing their personal information or using their "technological or intellectual achievements”. The new regulations do not provide penalties for employers which fail to obtain such consent.
The new regulations, which supplement the Employment Promotion Law, also impose fines of up to Rmb1,000 on employers which require job applicants to take a Hepatitis B test.
Although the regulations do not explicitly prohibit discrimination against migrant workers, they state that such workers must have the same rights as urban workers to enter cities to work. The authorities are likely to issue additional rules clarifying the residence rights of migrant workers.
For further information on this topic please contact Andreas Lauffs at Baker & McKenzie's Hong Kong office by telephone (+852 2846 1888) or by fax (+852 2845 0476) or by email (firstname.lastname@example.org).
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