Decree of the President of the People's Republic of China
Number twenty-seventh
The Employment Promotion Law of the People's Republic of China was adopted by the 29th meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007. .
President of the People's Republic of China Hu Jintao
August 30, 2007
Employment Promotion Law of the People's Republic of China
(Adopted at the 29th meeting of the Standing Committee of the Tenth National People's Congress on August 30, 2007)
table of Contents
Chapter 1 General Rules
Chapter II: Policy Support
Chapter III: Fair Employment
Chapter 4: Employment Services and Management
Chapter 5: Vocational Education and Training
Chapter 6: Employment Assistance
Chapter VII Supervision and Inspection
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter 1 General Rules
Article 1 This Law is enacted in order to promote employment, promote economic development and coordinate employment expansion, and promote social harmony and stability.
Article 2 The state puts employment expansion at the forefront of economic and social development, implements active employment policies, adheres to the principles of workers' independent employment selection, market regulation of employment, and government promotion of employment, and expands employment through multiple channels.
Article 3. Workers shall enjoy the right to equal employment and independent job selection in accordance with the law.
Workers are not discriminated against due to differences in nationality, race, gender, and religion.
Article 4 The people's governments at the county level and above take the expansion of employment as an important goal of economic and social development, incorporate it into the national economic and social development plan, and formulate mid- and long-term plans and annual work plans to promote employment.
Article 5 The people's governments at or above the county level will create employment conditions and expand employment through measures such as developing the economy and adjusting the industrial structure, regulating the human resources market, improving employment services, strengthening vocational education and training, and providing employment assistance.
Article 6: The State Council establishes a national employment promotion coordination mechanism, studies major issues in employment, and coordinates and promotes national employment promotion. The labor administration department of the State Council is specifically responsible for employment promotion across the country.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the needs of employment promotion work, establish a coordination mechanism for employment promotion work to coordinately resolve major issues in employment work in their respective administrative regions.
Relevant departments of the people's governments at or above the county level should divide their work according to their respective responsibilities and work together to promote employment.
Article 7: The state advocates that workers establish a correct concept of job selection, improve employability and entrepreneurship, and encourage workers to start their own businesses and seek their own careers.
People's governments at all levels and relevant departments should simplify procedures, improve efficiency, and facilitate the self-employment and self-employment of workers.
Article 8: Employers shall enjoy the right to autonomous employment according to law.
The employer shall protect the lawful rights and interests of workers in accordance with the provisions of this law and other laws and regulations.
Article 9: Trade unions, communist youth leagues, women's federations, disabled people's federations and other social organizations assist the people's government in promoting employment and safeguarding laborers' labor rights in accordance with law.
Article 10: People's governments at all levels and relevant departments shall give commendations and rewards to units and individuals who have made outstanding achievements in promoting employment.
Chapter II: Policy Support
Article 11: People's governments at or above the county level should take employment expansion as an important responsibility and coordinate and coordinate industrial and employment policies.
Article 12: The state encourages all types of enterprises to increase employment through the establishment of industries or expansion of operations within the scope prescribed by laws and regulations.
The state encourages the development of labor-intensive industries and service industries, supports small and medium-sized enterprises, and increases employment through multiple channels and methods.
The state encourages, supports and guides the development of the non-public ownership economy, expanding employment and increasing employment.
Article 13: The State develops domestic and foreign trade and international economic cooperation, and broadens employment channels.
Article 14 When arranging government investment and determining major construction projects, the people's governments at or above the county level shall play the role of investment and major construction projects in driving employment and increase employment.
Article 15: The state implements fiscal policies conducive to promoting employment, increasing capital investment, improving the employment environment, and expanding employment.
The people's governments at or above the county level shall arrange special employment funds in the fiscal budget to promote employment in accordance with employment conditions and employment work goals.
Employment special funds are used for employment introduction, vocational training, non-profit positions, vocational skills appraisal, specific employment policies and social insurance subsidies, micro-credit guarantee funds and micro-guaranteed projects, discounted micro-credit loans, and public employment services . Measures for the administration of the use of special employment funds shall be formulated by the financial department and labor administrative department of the State Council.
Article 16 The state establishes and improves an unemployment insurance system to ensure the basic lives of the unemployed and to promote their employment in accordance with the law.
Article 17: The State encourages enterprises to increase employment positions, supports the employment of the unemployed and the disabled, and grants preferential tax treatment to the following enterprises and personnel according to law:
(1) Enterprises that recruit unemployed persons who meet the requirements set by the state and meet the requirements;
(2) SMEs founded by unemployed persons;
(3) Enterprises that place disabled persons to the required ratio or use disabled persons intensively;
(4) Unemployed persons who meet the conditions prescribed by the state in self-employment;
(5) disabled persons engaged in self-employment;
(6) Other enterprises and personnel who are granted preferential taxation by the State Council.
Article 18 (1) Regarding the personnel specified in Paragraphs 4 and 5 of Article 17 of this Law, the relevant departments shall take care of operating the site and other aspects, and exempt administrative charges.
Article 19 The state implements a financial policy that is conducive to promoting employment, increasing financing channels for SMEs; encouraging financial institutions to improve financial services, increasing credit support for SMEs, and granting small loans to self-employed people within a certain period of time. And so on.
Article 20: The state implements an urban-rural employment policy, establishes and improves a system of equal employment for urban and rural workers, and guides the orderly transfer of surplus agricultural labor to employment.
Local people's governments at or above the county level promote the construction of small towns and speed up the development of county economies, and guide the transfer of surplus agricultural labor to the local area. When formulating plans for small towns, consider the transfer of surplus agricultural labor in the region as an important content.
Local people's governments at or above the county level guide the orderly transfer of surplus agricultural labor force to urban off-site employment; the people's governments in labor-exporting and importing areas should cooperate with each other to improve the environment and conditions for rural workers to enter cities for employment.
Article 21: The state supports regional economic development, encourages regional coordination, and coordinates the balanced growth of employment in different regions.
The state supports the development of economy and the expansion of employment in ethnic regions.
Article 22: People's governments at all levels make overall plans for the employment of new labor force in cities and towns, transfer of surplus agricultural labor force, and employment of the unemployed.
Article 23 (1) People's governments at all levels take measures to gradually improve and implement labor and social insurance policies that are compatible with flexible employment, such as part-time employment, to provide assistance and services to flexible employees.
Article 24: Local people's governments at various levels and relevant departments shall strengthen guidance for the unemployed to engage in self-employment, and provide services such as policy consulting, employment training, and business guidance.
Chapter III: Fair Employment
Article 25: People's governments at all levels create a fair employment environment, eliminate employment discrimination, formulate policies and take measures to provide support and assistance to people with employment difficulties.
Article 26: Employing units and employment agencies that engage in employment agency activities shall provide workers with equal employment opportunities and fair employment conditions, and shall not discriminate against employment.
Article 27: The state guarantees women equal labor rights with men.
Employing units shall not refuse to recruit women or raise the criteria for hiring women, except for the types of jobs or positions that are not suitable for women as stipulated by the state.
When employing female employees, the employer shall not stipulate in the labor contract the content that restricts female employees from getting married or giving birth.
Article 28. Workers of all nationalities enjoy equal labor rights.
Employing units shall provide appropriate care to ethnic minority workers in accordance with the law.
Article 29: The state guarantees the labor rights of persons with disabilities.
People's governments at all levels shall make overall plans for the employment of the disabled and create employment conditions for the disabled.
The employing unit shall not discriminate against persons with disabilities when recruiting personnel.
Article 30: Employers shall not recruit staff on the grounds that they are carriers of infectious diseases. However, carriers of infectious diseases that have been medically identified shall not engage in work that is prone to the spread of infectious diseases as prohibited by laws, administrative regulations and the provisions of the health administrative department of the State Council before they are cured or suspected of being infected.
Article 31: Rural workers entering cities for employment shall enjoy equal labor rights with urban workers, and no discriminatory restrictions shall be imposed on rural workers entering cities for employment.
Chapter 4: Employment Services and Management
Article 32 The people's governments at or above the county level cultivate and improve a unified, open, competitive and orderly human resources market to provide services for the employment of workers.
Article 33 The people's governments at or above the county level encourage all sectors of society to carry out employment service activities in accordance with the law, strengthen guidance and supervision of public employment services and professional intermediary services, and gradually improve the employment service system covering urban and rural areas.
Article 34 The people's governments at or above the county level shall strengthen the construction of the human resources market information network and related facilities, establish and improve the human resources market information service system, and improve the market information release system.
Article 35 The people's governments at or above the county level establish and improve a public employment service system, establish public employment service agencies, and provide workers with the following services free of charge:
(1) Consultation on employment policies and regulations;
(2) Release of occupational supply and demand information, market wage guidance price information and vocational training information;
(3) Vocational guidance and employment introduction;
(4) Implementing employment assistance to persons with employment difficulties;
(5) To handle such matters as employment registration and unemployment registration;
(6) Other public employment services.
Public employment service agencies shall continuously improve the quality and efficiency of services and shall not engage in business activities.
Funding for public employment services is included in the fiscal budget at the same level.
Article 36 Local people's governments at or above the county level shall provide subsidies to professional intermediary agencies in providing public employment services.
The state encourages all sectors of society to provide donations and funding for non-profit employment services.
Article 37 (1) Local people's governments at various levels and relevant departments shall not organize or jointly organize business-oriented professional agencies.
Recruitment fairs organized by local people's governments at all levels, relevant departments, and public employment service agencies shall not charge workers fees.
Article 38 The people's governments at the county level and above and relevant departments strengthen the management of professional agencies, encourage them to improve the quality of services, and give play to their role in promoting employment.
Article 39 (1) Engaging in professional intermediary activities shall follow the principles of lawfulness, honesty, fairness, and openness.
Employers recruiting personnel through professional intermediary agencies shall truthfully provide job demand information to professional intermediary agencies. It is forbidden for any organization or individual to use employment agency activities to infringe upon the legitimate rights and interests of workers.
Article 40: The establishment of a professional agency shall meet the following requirements:
(1) Having a clear charter and management system;
(2) There are fixed places, office facilities and a certain amount of start-up funds necessary for conducting business;
(3) A certain number of full-time staff with corresponding professional qualifications;
(4) Other conditions stipulated by laws and regulations.
The establishment of a professional intermediary agency shall apply for an administrative license in accordance with the law. A licensed professional agency shall register with the administrative department for industry and commerce.
Institutions that are not licensed and registered in accordance with the law may not engage in professional agency activities.
If the State has other regulations on employment agencies for foreign investment and employment agencies that provide overseas employment services to workers, such regulations shall be followed.
Article 41: Professional intermediaries must not commit the following acts:
(1) providing false employment information;
(2) Providing employment agency services for employers without legal licenses;
(3) Forging, altering, or transferring a professional agency license;
(4) detaining the resident's identity card and other documents, or collecting a deposit from the worker;
(5) Other acts in violation of laws and regulations.
Article 42 The people's governments at the county level and above have established an unemployment warning system to prevent, regulate and control unemployment that may occur on a relatively large scale.
Article 43: The state establishes a labor force survey and statistical system and an employment registration and unemployment registration system, conducts labor force resources and employment and unemployment status survey statistics, and publishes survey results.
When the statistical department and the labor administrative department conduct labor force survey statistics and employment and unemployment registration, the employer and individual shall truthfully provide the information needed for survey statistics and registration.
Chapter 5: Vocational Education and Training
Article 44: The state develops vocational education in accordance with the law, encourages vocational training, promotes workers to improve their vocational skills, and enhances their employability and entrepreneurship.
Article 45 The people's governments at or above the county level shall formulate and implement professional capacity development plans in accordance with economic and social development and market needs.
Article 46 The people's governments at and above the county level shall strengthen overall coordination and encourage and support various vocational colleges, vocational skills training institutions and employers to carry out pre-employment training, on-the-job training, reemployment training and entrepreneurship training in accordance with the law; laborers are encouraged to participate Various forms of training.
Article 47 The local people's governments at the county level and above and relevant departments encourage and guide enterprises to strengthen vocational education and training in accordance with market demands and industrial development directions.
Vocational colleges, vocational skills training institutions and enterprises should keep close contact with each other, implement the combination of production and education, serve economic construction, and train practical talents and skilled laborers.
An enterprise shall, in accordance with relevant state regulations, draw up funds for employee education and provide workers with vocational skills training and continuing education training.
Article 48 The state adopts measures to establish and improve the labor reserve system, and local people's governments at or above the county level provide vocational education and training for junior and senior high school graduates with employment requirements for a certain period of time to enable them to obtain corresponding vocational qualifications or master certain occupations. skill.
Article 49 (1) Local people's governments at all levels encourage and support employment training to help the unemployed improve their vocational skills and enhance their employability and entrepreneurship. Unemployed persons who participate in employment training enjoy government training subsidies in accordance with relevant regulations.
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