就业服务与就业管理规定(英文版).doc

就业服务与就业管理规定(英文版)劳动和社会保障部Release of the Regulations on Employment Service and Employment Management by the Ministry of Labor and Social SecurityOrder of the Ministry of Labor and Social Security 2007 No. 28November 5, 2007The Regulations on Employment Service and Employment Management have already been passed on the 21st Ministerial Meeting held by the Ministry of Labor and Social Security on 30 October 2007, and are hereby promulgated, and shall come into force as of January 1, 2008. Minister: Tian ChengpingAttachment: Regulations on Employment Service and Employment ManagementChapter I General ProvisionsArticle 1 These regulations are formulated in accordance with the Employment Promotion Law as well as other laws and administrative regulations so as to improve employment service and intensify employment management practices, foster up and consummate an open, well-structured human resources market featuring competitions in a due order, and provide services for job-seeking laborers and talent-seeking employing units.Article 2 These regulations shall apply to the laborers job application and work, the employers employment and, provision of employment service activities by public employment service organs sponsored by labor security authorities and employment intermediary organs examined and approved by labor security authorities. The employing units mentioned in this Regulation refer to enterprises, individual economy organizations, private non-enterprise organizations, state-owned administrations, institutions and social organs within Chinese territory which recruit laborers with whom they enter into labor relations.Article 3 Labor security administrations above-county level shall provide employment service and conduct employment management within their respectively administrative areas pursuant to laws.Chapter II Job Application and EmploymentArticle 4 Laborers shall enjoy the right to be employed on an equal basis according to laws. Laborers shall be subject to no discrimination incurred by discrepancies in terms of nationality, race, gender and region.Article 5 Rural laborers seeking employment in urban areas shall enjoy an equal right of employment as urban laborers do. It is not allowed to impose discriminatory restrictions upon rural laborers seeking employment in urban areas.Article 6 Any laborer shall enjoy the right to get employed on their own pursuant to laws. The laborer above the age of 16 with working ability, desire for a job, and qualified for legal requirement according to laws, may apply for a job by way of being introduced by job centersordirectly contacting employers with his identity documents as well as education and training certificates.Article 7 When seeking jobs, laborers shall faithfully provide the public employment service organsoremployment intermediary organs, and employing units with their personal profiles, descriptions of their knowledge and skills, work experience, status quo of employment directly relating to the job posts they are applying for, and also present certifications thereof.Article 8 Laborers shall set up a proper concept in choosing their jobs, and enhance their career skills and abilities of starting undertaking. The country encourages laborers to receive necessary career educationortraining prior to employment, and also encourages graduates of junior and senior high schools of cities and towns to receive preparatory trainings prior to employment. The country encourages laborers to launch their own businesses and seek jobs on their own. Labor security departments at all levels shall work with competent departments, streamline formalities, enhance their working efficiency, and provide convenience and corresponding services for laborers launch of their own businesses and seeking of jobs on their own.Chapter III EmploymentArticle 9 The employing unit shall enjoy the right to recruit laborers at its own discretion. Each employing unit shall provide equal employment opportunities and fair employment conditions for all laborers.Article 10 Employing units may enroll laborers on their own in the following ways:1. Entrusting public employment service organsoremployment intermediary organs;2. Participating in job fairs;3. Publishing advertisement for employers by entrusting mass media such as newspapers, radio channels, TV stations and websites.4. Publishing job application information within their own premises and on their own corporate websites;5. Other legitimate means.Article 11 When entrusting a public employment service organoremployment intermediary agency with the employment of laborersorparticipating in a job fair, the employing unit shall present general rules of employment, business license duplicate.orthe official document issued by the competent authority in respect of approval of its establishment, identity documents of the staff who deals with such business and certificate of authorization by the employing unit. The general rules of employment shall comprise basic conditions of the employer, number of enrollment, type of job, requirement of position and qualification for enrollment, remuneration, welfare, labor protection, etc., as well as other details stipulated under laws and legislations.Article 12 When recruiting laborers, the employing unit shall inform laborers faithfully according to laws of job tasks to be performed, working conditions, job sites, occupational hazards, conditions of safety in production, labor remuneration and other details that laborers shall be informed of. The employing unit shall notify laborers in time of whetherornot they are employed, at the request of laborers.Article 13 The employing unit shall keep in secrecy the personal data of laborers. Any publicity of personal data of laborers and any use of laborers techniques and intellectual achievements shall be used under written consent of laborers.Article 14 The employing unit shall not commit any of the following practices when recruiting laborers:1. Publishing false employment information, and release false employment advertisement;2. Detaining resident identity certificate cardorother documents of the employed persons;3. Collecting property from the hired person under name of guarantyoranything else;4. Enrolling minors under 16 years old and other persons who shall be not employed as stipulated in the countrys laws and administrative laws;5. Enrolling persons without legitimate certificates;6. Seeking unlawful profitsorconducing other illegal activities in the name of recruiting.Article 15 The employing unit shall not enroll laborers by unfair means such as slandering other employing units reputationorcommitting commercial bribery.Article 16 When enrolling laborers, the employing unit shall not either refuse to recruit womenorset down higher qualification standards on female applicants than those on male applicants for any reason in respect of gender, except for recruiting candidates for any types of workorjob posts where it is inappropriate to recruit women. When enrolling female laborers and staff members, employing unit shall not stipulate any restrictions on their marriageorchildbirth in the labor contracts to be signed with them.Article 17 The employing unit shall grant preferential treatments to laborers of national minorities to an appropriate extent, according to laws.Article 18 When employing personnel, the employing unit shall not discriminate disabled people.Article 19 The employing unit recruiting personnel shall not refuse to employ any candidate on the ground that the candidate is a carrier of some infectious pathogen. However, any person who is found to be a carrier of infectious pathogen as verified by medical expertise shall not take up any work where it is easy to cause any infectious disease to inflict more people as stipulated under laws, administrative laws and by the competent public health organ of the State Council, before being curedorexcluded from the list of suspects. In recruiting personnel, the employing unit may prohibit carriers of hepatitis B pathogen from taking up certain types of work as stipulated under the countrys laws, administrative decrees and regulations of the health authority of the State Council, and shall not take the hepatitis B virus serological indicator as one of the criteria of physical checkup.Article 20 The general rulesoradvertisement of employment made public by the employing unit shall not contain any discriminatory information.Article 21 When recruiting laborers to be engaged in any special type of work with regard to public safety, human health, human life and safety of properties, etc., the employing unit must recruit those candidates who have held certificates of corresponding qualification. Any employing unit that has recruited any laborers who have not held such certificates of qualification for some certain type of work yet shall organize such laborers to receive specific-purpose trainings before commencing their work, so as to ensure them to obtain certificates of occupational qualification before commencing their work.Article 22 After hiring employees from Taiwan, Hong Kong and Macao, the employing unit shall file such employees with the local labor security administration according to relevant regulations, and also apply for Taiwan, Hong Kong, and Macau Expatriates Employment Certificate on behalf of them.Article 23 When recruiting foreigners, the employing unit shall, prior to these foreigners arrival in China, apply for employment permits for them from the local labor security authority in accordance with relevant regulations, and shall not recruit foreigners until having been approved to do so and also obtained the Permits for Employment of Foreigners in the Peoples Republic of China. Those job posts to which foreigners can be recruited by the employing unit must be those where special skills and requirements have to be deliveredormet, and there do not exist competent candidates of Chinese nationality for the time being; employment of foreigners to such job posts shall not violate the relevant stipulations of the country.Chapter IV Public Employment ServiceArticle 24 Labor security administrative departments above the county level manage the work of public employment service in their own administrative areas, establish and improve the public employment service systems that cover urban and rural areas in accordance with the development plan formulated by the government. Public employment service organs, according to the employment objectives and tasks determined by the government, develop employment service plan, promote the implementation of employment support policies by means of organizing employment services for laborers and employers and providing survey analysis of the human resources market, and manage the promotion of relevant employment issues commissioned by labor security administrative departments.Article 25 Public employment service organs should provide the following services to laborers free of charge:1. The consultation of employment policies and regulations;2. The issuance of information of job supply and demand, salary instruction in labor market, and career training;3. Career instructions and recommendations;4. The implementation of employment assistance for those in employment difficulties;5. The transaction of employment and unemployment registration and etc;6. Other public employment services.Article 26 Public employment services organs should actively expand service functions, and provide the following services in accordance with the need of employing units:1. The instructions of employing persons;2. The Acting employment services;3. The trans-regional employment services;4. Management Consulting of enterprise Human Resources and other professional services;5. Acting as agent for labor security business;6. Other employment service items meeting the development needs of the employing units.Public employment service organs cannot engage in labor security business unless they are authorized by the labor security administrative departments above county level.Article 27 Public employment service organs should strengthen career instruction services by preparing the full-time part- time. career staff to provide career instruction services for the laborer and the employing units. Career instruction staff should start work unless they obtain the corresponding national career qualification certificates after professional qualifications and passing the evaluations. Public employment service organs should provide corresponding facilities and conditions for career instruction services to promote expansion and strengthen its publicity.Article 28 Career instruction services should include the following:1. Providing information on the relevant state laws and regulations, and policies of labor security, and human resources market for the laborer and the employing units;2. Helping laborers understand occupational status, master the methods of job hunting, determine career direction, and enhance the abilities to choose a career;3. Offering training suggestions to laborers and providing career training and other relevant information;4. Developing tests for laborers on their individual career quality and characteristics and giving an evaluation of their career ability;5. Providing specialized career instruction services for women, the disabled, ethnic minority personnel, retired officers and soldiers, and other employment groups;6. Providing consulting career instruction services for students of secondary schools, career institutions and technical schools;7. Providing advisory services for laborers who are willing to engage in the individual independent labor and private enterprises;8. Providing personnel employment guidance for employing units to choose employment methods and determine employment conditions, criteria, etc;9. Provide advisory information for career training institutions to establish training direction and professional setup and etc;Article 29 Public employment service organs shall organize and implement the investigation of human resources and the situation of employment and unemployment statistics under the guidance of labor security administrative departments.Article 30 Public employment service organs shall organize and implement special plans aiming at different needs of particular employment groups.Article 31 Public employment service organs above county level establish comprehensive service location to provide a concentrated single-stop employment services for laborers and employing units, and take on other affairs organized by labor and social security administrative departments. Employment service organs in the neighborhood, town, and communities shall establish ways of grassroots service to develop employment assistance that focus on public employment services and implement investigations on human resources, and to take on other employment service affairs organized by labor security administrative departments. Public employment service organs are to use a national uniform identification.Article 32 Public employment service organs should constantly improve the quality and efficiency of their services. Public employment service organs should strengthen internal management, improve service functions, unify the service procedure, and provide good and efficient employment services for laborers and employing units according to the norms and standards formulated by the state. Public employment service organs should enhance staff training on policies, business and service skills, and organize career instructing personnel, career information analysts, political assistants of labor and social security, and other professionals to participate the corresponding career qualification training. Public employment service organs should make public the service system and voluntarily accept public supervision.Article 33 Labor security administrative departments and the public employment service organizations above the county level should establish and improve the human resources market information networks and related facilities in accordance with the unified planning of the information construction of labor security. Public employment services organs should gradually implement information management and services, realize employment services, unemployment insurance, information sharing on job training, and information system management of public employment services within the city, and gradually realize interoperability and information sharing on information of salary and social insurance.Article 34 Public employment services organs should set up and improve the human resources market informational service system through improving the issuance information system of career supply-demand, salary instruction in labor market, and market analysis of human resources, to provide support for laborers on choosing a job, for employing units to recruit staff as well as for the development of training institutions.Article 35 Labor a security administrative departments above county level shall realize gradually the human resources market information networking in accordance with the unified demand of information construction: the city should, in accordance with data center building requirements of the labor security, realize centralization and sharing of network and data resources; provinces, autonomous regions should establish a provincial Monitoring Center of human resources market information network to monitor market information in the area; labor security department should establish a National Monitoring Center