Employees better protected under amended law on occupational disease prevention

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On 31 December 2011, the Standing Committee of the National People’s Congress promulgated the revised PRC Occupational Diseases Prevention and Control Law, which took effect on the date of its release. An occupational disease is a disease contracted by individuals due to exposure to certain toxic or hazardous substances or dust or other practices in a working environment. If an employee suffering from such a disease is officially appraised by the local labour bureau as suffering from a “work injury”, the employee would be entitled to certain statutory benefits.

Old law impractical

However, in practice employees have found it difficult to claim protection under the old law, often due to the inability to produce evidence.

The Amended Occupational Disease Law helps employees by imposing strict rules on employers for maintaining and releasing occupational health/disease records.

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Business Law Digest is compiled with the assistance of Baker & McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker & McKenzie by e-mailing Zhang Danian (Shanghai) at: danian.zhang@bakermckenzie.com

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