Decree of the Ministry of Labor and Social Security of the People's Republic of China
No. 28
The Regulations on Employment Services and Employment Management have been adopted by the 21st Ministerial Meeting of the Ministry of Labor and Social Security on October 30, 2007, and are now promulgated, effective as of January 1, 2008.
Tian Chengping
November 5, 2007
Employment Services and Employment Management Regulations
Chapter I General Provisions
Article 1 In order to strengthen employment services and employment management, cultivate and improve a unified, open, competitive and orderly human resources market, and provide services for employment and recruitment of employers, according to laws and administrative regulations such as the Employment Promotion Law, Regulations.
Article 2 These Provisions apply to employment and employment of laborers, recruitment of employers, employment services provided by public employment service agencies organized by labor security administrative departments, and employment agencies that have been approved by labor security administrative departments.
Employers referred to in these regulations refer to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China, as well as state agencies, institutions, and social organizations that recruit workers with whom to establish labor relations.
Article 3 The administrative departments of labor security at or above the county level shall carry out employment services and employment management in their respective administrative areas.
Chapter 2 Job Search and Employment
Article 4 Workers enjoy the right to equal employment in accordance with the law. Workers are not discriminated against due to differences in nationality, race, gender, and religion.
Article 5 Rural workers entering the city for employment shall enjoy equal employment rights with urban workers, and shall not set discriminatory restrictions on rural workers entering the city for employment.
Article 6 Workers shall enjoy the right to choose their own jobs in accordance with the law. Workers who are over 16 years of age, have the ability to work and have the desire to find employment, can apply for employment through channels such as public employment service agencies, professional intermediary agencies, or directly contacting employers with their personal identification documents.
Article 7 When applying for a job, a laborer shall truthfully provide the basic personal information and public knowledge and skills, work experience, employment status, etc. to the public employment service agency or vocational agency, and the employer, and present relevant certifications.
Article 8 Workers shall establish a correct concept of job selection and improve their employability and entrepreneurship.
The State encourages workers to receive necessary vocational education or vocational training before employment, and encourages urban junior high school graduates to participate in labor reserve training before employment.
The state encourages workers to start their own businesses and seek their own careers. The labor security administrative departments at all levels shall, in conjunction with relevant departments, simplify procedures, improve efficiency, and provide convenience and corresponding services for workers to start their own businesses and seek jobs.
Chapter III Recruitment
Article 9 Employers shall enjoy the right to autonomous employment according to law. Employers shall recruit workers with equal employment opportunities and fair employment conditions.
Article 10 Employers may recruit personnel independently through the following channels:
(1) entrusting a public employment service agency or a professional intermediary agency;
(2) Participate in professional recruitment fairs;
(3) Entrusting mass media such as newspapers, radio, television, and Internet sites to release recruitment information;
(4) Posting recruitment information by using its own channels, such as its own premises and corporate website;
(5) Other legal channels.
Article 11 When an employer entrusts a public employment service agency or a professional intermediary agency to recruit personnel, or to participate in a recruitment fair, it shall provide a summary of the recruitment personnel, and present a business license (copy) or the documents approved by the relevant department to establish it The person's identity document and the certificate entrusted by the employer.
The recruiter's profile shall include the basic information of the employer, the number of recruiters, work content, recruitment conditions, labor remuneration, welfare benefits, social insurance and other contents, as well as other contents required by laws and regulations.
Article 12 When recruiting personnel, the employer shall truthfully inform the workers of the relevant work content, working conditions, work place, occupational hazards, work safety status, labor remuneration, and other conditions required by the workers.
The employer shall promptly report back to the workers whether they have been hired according to the requirements of the workers.
Article 13 The employer shall keep the personal data of the workers confidential. The disclosure of workers' personal information and the use of workers' technical and intellectual achievements requires the workers' written consent.
Article 14 The employing unit shall not engage in the following acts:
(1) Provide false recruitment information and issue false recruitment advertisements;
(2) Seizure of the resident identity card and other documents of the employed person;
(3) Collecting property from workers in the name of guarantee or other names;
(4) Recruiting minors under 16 years of age and other personnel who may not be recruited as required by national laws and administrative regulations;
(5) Recruiting personnel without legal identity documents;
(6) To seek improper benefits or engage in other illegal activities in the name of recruiting personnel.
Article 15 Employers shall not recruit personnel by improper means such as slandering the reputation of other employers, commercial bribery, etc.
Article 16 When recruiting personnel, except for the types of jobs or positions that are not suitable for women to engage in as prescribed by the state, employers shall not refuse to recruit women or raise the criteria for hiring women.
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 17 Employing units shall provide appropriate care to ethnic minority workers in accordance with the law.
Article 18 Employers shall not discriminate against persons with disabilities when recruiting personnel.
Article 19 Employing units shall not refuse to recruit persons 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.
Employing units shall not forcibly use HBV serological indicators as a medical examination standard except for work prohibited by national laws, administrative regulations and the health administrative department of the State Council.
Article 20 The recruitment brochure or recruitment advertisement issued by the employer shall not contain discriminatory content.
Article 21 Employers recruiting laborers engaged in special types of work involving public safety, personal health, safety of life and property, etc., shall recruit personnel holding vocational qualification certificates for the corresponding type of work according to law; recruiting personnel who do not hold vocational qualification certificates for the corresponding type of work , They must be organized to participate in special training before taking up their posts, so that they can get a job after obtaining a professional qualification certificate.
Article 22 After recruiting Taiwan, Hong Kong and Macao personnel, the employer shall, in accordance with relevant regulations, go to the local labor security administration for the record and apply for the "Taiwan, Hong Kong and Macao Personnel Employment Certificate".
Article 23 When recruiting foreigners, an employer shall apply to the local labor security administrative department for an employment permit in accordance with relevant regulations before the foreigner enters the country. The approval shall be obtained after obtaining the Employment Permit for Foreigners of the People's Republic of China. Recruit.
Employers must recruit foreigners for positions that require special skills, do not have suitable candidates in the country, and do not violate relevant state regulations.
Chapter IV Public Employment Services
Article 24 The labor security administrative department at or above the county level shall coordinate and manage public employment service work within its administrative area, and establish and improve a public employment service system covering urban and rural areas in accordance with the development plan formulated by the government.
Public employment service agencies shall formulate employment service plans, promote employment support policies, organize employment service projects, provide employment services for workers and employers, conduct surveys and analysis of human resources markets, and accept labor in accordance with the employment tasks set by the government. The administrative department of security is entrusted to handle related matters to promote employment.
Article 25 Public employment service agencies shall 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.
Article 26 Public employment service agencies shall actively expand service functions and provide the following services according to the needs of employers:
(1) Recruitment and guidance services;
(2) Agent recruitment services;
(3) Recruitment of personnel across regions;
(4) professional services such as enterprise human resource management consulting;
(5) Agency services of labor security affairs;
(6) Other employment service projects developed to meet the needs of employers.
Public employment service agencies engaging in labor security affairs agency business must be approved by labor security administrative departments at or above the county level.
Article 27 Public employment service agencies shall strengthen vocational guidance work, provide full-time (part-time) vocational guidance staff, and provide vocational guidance services to workers and employers.
Vocational guidance staff must pass the professional qualification training and pass the assessment, and obtain the corresponding national vocational qualification certificate before they can take up their posts.
Public employment service agencies shall provide corresponding facilities and conditions for vocational guidance work, promote the development of vocational guidance work, and strengthen publicity of vocational guidance work.
Article 28 Vocational guidance work includes the following:
(1) Provide laborers and employers with consultations on national laws, regulations and policies concerning labor security, and human resources market conditions;
(2) Helping workers understand their occupational status, master job search methods, determine the direction of job selection, and enhance their ability to choose a job;
(3) to provide training suggestions to workers and provide them with vocational training-related information;
(4) Carrying out tests on the individual professional qualities and characteristics of workers and evaluating their professional ability;
(5) Providing specialized vocational guidance services to employment groups such as women, the disabled, ethnic minorities, and retired military personnel;
(6) Providing consulting and services for the career guidance of students in technical secondary schools, vocational schools, and technical schools;
(7) Provide entrepreneurial consulting services to workers who are preparing to engage in individual labor or start a private enterprise;
(8) Provide employment units with guidance on selecting employment methods, determining employment conditions and standards;
(9) Provide consulting reference for vocational training institutions to establish training directions and professional settings.
Article 29 Under the guidance of the labor security administrative department, public employment service organizations shall organize and implement labor force resource surveys and employment and unemployment statistics.
Article 30: Public employment service agencies shall, according to the different needs of specific employment groups, formulate and organize the implementation of special plans.
Public employment service agencies shall, according to the characteristics of the service objects, organize activities for different types of workers, employment difficulties or employers within a certain period of time to carry out special services.
Entrusted by the labor security administrative department, public employment service agencies can organize and carry out special work to promote employment.
Article 31 Public employment service agencies at or above the county level shall set up comprehensive service places, provide one-stop employment services to workers and employers, and undertake other tasks arranged by the labor security administrative department.
Sub-district, township, and community public employment service agencies establish grass-roots service windows, carry out public employment services focusing on employment assistance, implement labor resource surveys and statistics, and undertake other employment services arranged by higher-level labor security administrative departments.
Public employment service agencies use the national unified logo.
Article 32 Public employment service agencies shall continuously improve the quality and efficiency of services.
Public employment service agencies shall strengthen internal management, improve service functions, unify service processes, and provide high-quality and efficient employment services to workers and employers in accordance with service norms and standards formulated by the state.
Public employment service agencies shall strengthen staff policy, business and service skills training, and organize professionals such as vocational instructors, vocational information analysts, and labor security associates to participate in corresponding vocational qualification training.
Public employment service agencies should publicize the service system and actively accept social supervision.
Article 33 The labor security administrative department and public employment service agencies at or above the county level shall establish and improve the human resources market information network and related facilities in accordance with the unified planning, standards, and specifications of labor security informatization.
Public employment service agencies should gradually implement information-based management and services, realize employment information, unemployment insurance, employment training information sharing, and public employment service full-scale information management in cities, and gradually realize interconnection with labor wage information and social insurance information. And information sharing.
Article 34 Public employment service agencies shall establish and improve the human resources market information service system, improve the release system of occupational supply and demand information, market wage guidance price information, vocational training information, and human resources market analysis information, and seek employment, employment and employment for workers. Units recruit personnel and training institutions to provide training support.
Article 35 The administrative department of labor security at or above the county level shall gradually implement the nationwide human resources market information networking in accordance with the unified requirements of informatization construction. Among them, cities should implement the centralization and sharing of network and data resources in accordance with the requirements for the construction of labor security data centers; provinces and autonomous regions should establish provincial monitoring centers for human resource market information networks to monitor human resource market information within their jurisdictions; labor security The Ministry has set up a national monitoring center for the human resources market information network to monitor and analyze the national human resources market information.
Article 36 The labor security administrative department at or above the county level shall strengthen the management of public employment service agencies and regularly perform performance appraisals on the completion of various tasks.
Article 37 Funding for public employment services is included in the fiscal budget at the same level. The administrative departments of labor security at all levels and public employment service agencies shall, in accordance with the provisions on the preparation of financial budgets, prepare an annual budget for public employment services in accordance with the law and submit them to the financial department at the same level for approval before implementation.
Public employment service agencies may apply for special support funds for public employment services in accordance with relevant regulations on the management of special employment funds.
Public employment service agencies accept donations and funding from all sectors of society and manage and use them in accordance with relevant national laws and regulations.
The services provided by public employment service agencies for employers shall be regulated and strictly controlled for service charges. Where charges are indeed required, specific projects shall be prescribed by the provincial labor security administrative department in conjunction with the relevant departments.
Article 38 Public employment service agencies shall not engage in business activities.
Recruitment fairs held by public employment service agencies shall not collect fees from workers.
Article 39 Disabled Persons' Federations at All Levels