就业服务与就业管理规定英文版

1、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 Employ ment Service and Employ ment Management by the Ministry ofLabor and Social SecurityOrder of the Ministry of Labor and Social Security 2007 No. 28November 5, 2007The Regulations on Employ ment Service and Employ ment Management have already

2、 been p assed on the 21st Ministerial Meeting held by the Ministry of Labor and Social Security on 30 October 2007, and are hereby p romulgated, and shall come into force as of January 1,2008.Minister: Tian Cheng pingAttachment: Regulations on Employ ment Service and Employ ment ManagementChap ter I

3、 General ProvisionsArticle 1 These regulations are formulated in accordance with the Employ ment P romotion Law as well as other laws and administrative regulations so as to imp rove employ ment service and intensify employ ment management p ractices, foster up and consummate an op en, well-structur

4、ed human resources market featuring comp etitions in a due order, and p rovide services for job-seeking laborers and talent-seeking empio ying units.Article 2 These regulations shall apply to the laborers job app lication and work, the empio yers employ ment and, p rovision of employ ment service ac

5、tivities by p ublic employ ment service organs spo nsored by labor security authorities and employ ment intermediary organs examined and app roved by labor security authorities.The empio ying units mentioned in this Regulation refer to enter prises, individual economy organizations, p rivate non-ent

6、er prise organizations, state-owned administrations, institutions and social organs withinChinese territory which recruit laborers with whom they enter into labor relations.Article 3 Labor security administrations above-county level shall p rovide employ ment service and conduct employ ment manageme

7、nt within their resp ectively administrative areas pu rsuant to laws.Chap ter II Job App lication and Employ mentArticle 4 Laborers shall enjoy the right to be empio yed on an equal basis according to laws. Laborers shall be subject to no discrimination incurred by discre pancies in terms of nationa

8、lity, race, gender and region.Article 5 Rural laborers seeking employ ment in urban areas shall enjoy an equal right of employ ment as urban laborers do. It is not allowed to imp ose discriminatory restrictions upon rural laborers seeking employ ment in urban areas.Article 6 Any laborer shall enjoy

9、the right to get empio yed on their own pu rsuant 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 centers or directly contacting empio yers with his identity

10、documents as well as education and training certificates.Article 7 When seeking jobs, laborers shall faithfully p rovide the p ublic employ ment service organs or employ ment intermediary organs, and empio ying units with their p ersonal p rofiles, descri ptions of their knowledge and skills, work e

11、xp erience, status quo of employ ment directly relating to the job p osts they are apply ing for, and also p resent certifications thereof.Article 8 Laborers shall set up a proper conce pt in choosing their jobs, and enhance their career skills and abilities of starting undertaking.The country encou

12、rages laborers to receive necessary career education or training p rior to employ ment.and also encourages graduates of junior and senior high schools of cities and towns to receive prep aratory trainings p rior to employ ment.The country encourages laborers to launch their own businesses and seek j

13、obs on their own. Labor security dep artments at all levels shall work with comp etent dep artments, streamline formalities, enhance their working efficiency, and p rovide convenience and corres po nding services for laborers launch of their own businesses and seeking of jobs on their own.Chap ter I

14、II Employ mentArticle 9 The empio ying unit shall enjoy the right to recruit laborers at its own discretion. Each empio ying unit shall p rovide equal employ ment opp ortunities and fair employ ment conditions for all laborers.Article 10 Empio ying units may enroll laborers on their own in the follo

15、wing ways:1. Entrusting p ublic employ ment service organs or employ ment intermediary organs;2. P artic ip ating in job fairs;3. Publishing advertisement for empio yers by entrusting mass media such as news pap ers, radio channels, TV stations and websites.4. P ublishing job app lication informatio

16、n within their own p remises and on their own corp orate websites;5. Other legitimate means.Article 11 When entrusting a p ublic employ ment service organ or employ ment intermediary agency with the employ ment of laborers or p artic ip ating in a job fair, the empio ying unit shall p resent general

17、 rules of employ ment, business license dup licate. or the official document issued by the comp etent authority in respect of app roval of its establishment, identity documents of the staff who deals with such business and certificate of authorization by the empio ying unit.The general rules of empl

18、oy ment shall comp rise basic conditions of the empio yer, number of enrollment, type of job, requirement of p osition and qualification for enrollment, remuneration, welfare, labor p rotection, etc., as well as other details st ipu lated under laws and legislations.Article 12 When recruiting labore

19、rs, the empio ying unit shall inform laborers faithfully according to laws of job tasks to be p erformed, working conditions, job sites, occ up ational hazards, conditions of safety in p roduction, labor remuneration and other details that laborers shall be informed of.The empio ying unit shall noti

20、fy laborers in time of whether or not they are empio yed, at the request of laborers.Article 13 The empio ying unit shall kee p in secrecy the p ersonal data of laborers. Any p ublicity of p ersonal data of laborers and any use of laborers techniques and intellectual achievements shall be used under

21、 written consent of laborers.Article 14 The empio ying unit shall not commit any of the following p ractices when recruiting laborers:1. P ublishing false employ ment information, and release false employ ment advertisement;2. Detaining resident identity certificate card or other documents of the em

22、pio yed p ersons;3. Collecting prop erty from the hired p erson under name of guaranty or anything else;4. Enrolling minors under 16 years old and other p ersons who shall be not empio yed as st ipu lated in the countrys laws and administrative laws;5. Enrolling p ersons without legitimate certifica

23、tes;6. Seeking unlawful p rofits or conducing other illegal activities in the name of recruiting.Article 15 The empio ying unit shall not enroll laborers by unfair means such as slandering other empio ying units repu tation or committing commercial bribery.Article 16 When enrolling laborers, the emp

24、io ying unit shall not either refuse to recruit women or set down higher qualification standards on female app licants than those on male app licants for any reason in respect of gender, exce pt for recruiting candidates for any types of work or job p osts where it is inapprop riate to recruit women

25、.When enrolling female laborers and staff members, empio ying unit shall not sti pulate any restrictions on their marriage or childbirth in the labor contracts to be signed with them.Article 17 The empio ying unit shall grant p referential treatments to laborers of national minorities to an approp r

26、iate extent, according to laws.Article 18 When empio ying p ersonnel, the empio ying unit shall not discriminate disabled people.Article 19 The empio ying unit recruiting p ersonnel shall not refuse to employ any candidate on the ground that the candidate is a carrier of some infectious p athogen. H

27、owever, any p erson who is found to be a carrier of infectious p athogen as verified by medical exp ertise shall not take up any work where it is easy to cause any infectious disease to inflict more people as sti pu lated under laws, administrative laws and by the comp etent p ublic health organ of

28、the State Council, before being cured or excluded from the list of sus pects.In recruiting p ersonnel, the empio ying unit may p rohibit carriers of hep atitis B p athogen from taking up certain types of work as sti pu lated under the countrys laws, administrative decrees and regulations of the heal

29、th authority of the State Council, and shall not take the hep atitis B virus serological indicator as one of the criteria of p hysical check up.Article 20 The general rules or advertisement of employ ment made p ublic by the empio ying unit shall not contain any discriminatory information.Article 21

30、 When recruiting laborers to be engaged in any sp ecial type of work with regard to p ublic safety, human health, human life and safety of prop erties, etc., the empio ying unit must recruit those candidates who have held certificates of corres po nding qualification. Any empio ying unit that has re

31、cruited any laborers who have not held such certificates of qualification for some certain type of work yet shall organize such laborers to receive sp ecific -purp ose trainings before commencing their work, so as to ensure them to obtain certificates of occ up ational qualification before commencin

32、g their work.Article 22 After hiring empio yees from Taiwan, Hong Kong and Macao, the empio ying unit shall file such empio yees with the local labor security administration according to relevant regulations, and also apply for Taiwan, Hong Kong, and Macau Exp atriates Employ ment Certificate on beh

33、alf of them. Article 23 When recruiting foreigners, the empio ying unit shall, p rior to these foreigners arrival in China, apply for employ ment p ermits for them from the local labor security authority in accordance with relevant regulations, and shall not recruit foreigners until having been app

34、roved to do so and also obtained the P ermits for Employ ment of Foreigners in the PeopI es Rep ublic of China.Those job p osts to which foreigners can be recruited by the empio ying unit must be those where sp ecial skills and requirements have to be delivered or met, and there do not exist comp et

35、ent candidates ofChinese nationality for the time being; employ ment of foreigners to such job po sts shall not violate the relevant sti pu lations of the country.Chap ter IV P ublic Employ ment ServiceArticle 24 Labor security administrative dep artments above the county level manage the work of p

36、ublic employ ment service in their own administrative areas, establish and imp rove the p ublic employ mentservice systems that cover urban and rural areas in accordance with the devel op ment plan formulated by the government.Public employ ment service organs, according to the employ ment objective

37、s and tasks determined by the government, devel op employ ment service pl an, p romote the impI ementation of employ ment support p olicies by means of organizing employ ment services for laborers and empio yers and p roviding survey analysis of the human resources market, and manage the p romotion

38、of relevant employ ment issues commissioned by labor security administrative dep artments.Article 25 P ublic employ ment service organs should p rovide the following services to laborers free of charge:1. The consultation of employ ment p olicies and regulations;2. The issuance of information of job

39、 supply and demand, salary instruction in labor market, and career training;3. Career instructions and recommendations;4. The impi ementation of employ ment assistance for those in employ ment difficulties;5. The transaction of employ ment and une mploy ment registration and etc;6. Other p ublic emp

40、loy ment services.Article 26 P ublic employ ment services organs should actively exp and service functions, and p rovide the following services in accordance with the need of empio ying units:1. The instructions of empio ying p ersons;2. The Acting employ ment services;3. The trans-regional employ m

41、ent services;4. Management Consulting of enter prise Human Resources and other p rofessional services;5. Acting as agent for labor security business;6. Other employ ment service items meeting the devel op ment needs of the empio ying units.Public employ ment service organs cannot engage in labor sec

42、urity business unless they are authorized by the labor security administrative dep artments above county level.Article 27 P ublic employ ment service organs should strengthen career instruction services by prep aring the full-time part- time. career staff to p rovide career instruction services for

43、the laborer and the empio ying units.Career instruction staff should start work unless they obtain the corres po nding national career qualification certificates after p rofessional qualifications and p assing the evaluations.P ublic employ ment service organs should p rovide corres po nding facilit

44、ies and conditions for career instruction services to p romote exp ansion and strengthen its p ublicity.Article 28 Career instruction services should include the following:1. Providing information on the relevant state laws and regulations, and p olicies of labor security, and human resources market

45、 for the laborer and the empio ying units;2. Helping laborers understand occ up ational 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 p roviding career training and other relevant i

46、nformation;4. Devel oping tests for laborers on their individual career quality and characteristics and giving an evaluation of their career ability;5. Providing sp ecialized career instruction services for women, the disabled, ethnic minority p ersonnel, retired officers and soldiers, and other emp

47、loy ment groups;6. Providing consulting career instruction services for students of secondary schools, career institutions and technical schools;7. P roviding advisory services for laborers who are willing to engage in the individual inde pendent labor and p rivate enter prises;8. Providing p ersonn

48、el employ ment guidance for empio ying units to choose employ ment methods and determine employ ment conditions, criteria, etc;9. Provide advisory information for career training institutions to establish training direction and p rofessional set up and etc;Article 29 P ublic employ ment service orga

49、ns shall organize and impi ement the investigation of human resources and the situation of employ ment and une mploy ment statistics under the guidance of labor security administrative dep artments.Article 30 P ublic employ ment service organs shall organize and impI ement sp ecial pl ans aiming at

50、different needs of p articular employ ment groups.Article 31 P ublic employ ment service organs above county level establish comp rehensive service location to p rovide a concentrated single-st op employ ment services for laborers and empio ying units, and take on other affairs organized by labor an

51、d social security administrative dep artments.Employ ment service organs in the neighborhood, town, and communities shall establish ways of grassroots service to devel op employ ment assistance that focus on p ublic employ ment services and impi ement investigations on human resources, and to take o

52、n other employ ment service affairs organized by labor security administrative dep artments.P ublic employ ment service organs are to use a national uniform identification.Article 32 P ublic employ ment service organs should constantly imp rove the quality and efficiency of their services.Public emp

53、loy ment service organs should strengthen internal management, i mp rove service functions, unify the service p rocedure, and p rovide good and efficient employ ment services for laborers and empio ying units according to the norms and standards formulated by the state.Public employ ment service org

54、ans should enhance staff training on p olicies, business and service skills, and organize career instructing p ersonnel, career information analysts, p olitical assistants of labor and social security, and other p rofessionals to p artic ip ate the corres po nding career qualification training.P ubl

55、ic employ ment service organs should make p ublic the service system and voluntarily acce pt p ublic sup ervision.Article 33 Labor security administrative dep artments and the p ublic employ ment service organizations above the county level should establish and imp rove the human resources market in

56、formation networks and related facilities in accordance with the unified pl anning of the information construction of labor security.P ublic employ ment services organs should gradually impi ement information management and services, realize employ ment services, une mploy ment insurance, informatio

57、n sharing on job training, and information system management of p ublic employ ment services within the city, and gradually realize intero perability and information sharing on information of salary and social insurance.Article 34 P ublic employ ment services organs should set up and imp rove the hu

58、man resources market informational service system through imp roving the issuance information system of career supply-demand, salary instruction in labor market, and market analysis of human resources, to p rovide support for laborers on choosing a job, for empio ying units to recruit staff as well

59、as for the devel op ment of training institutions.Article 35 Labor a security administrative dep artments 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