管理就业服务与就业管理规定英文版.docx

1、管理就业服务与就业管理规定英文版【关键字】管理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 Man

2、agement 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 Man

3、agementChapter 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

4、-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 a

5、ctivities 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-enterpris

6、e 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

7、 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, gend

8、er 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 emp

9、loyed 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 educ

10、ation 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

11、 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 care

12、er 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

13、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 enjo

14、y 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 organsorem

15、ployment 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

16、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 c

17、ompetent 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, req

18、uirement 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 performe

19、d, 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

20、 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 re

21、cruiting 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 und

22、er 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 no

23、t 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 applic

24、ants 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 con

25、tracts 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

26、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 i

27、nfectious 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

28、 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 rulesoradverti

29、sement 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

30、 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

31、their work, so as to ensure them to obtain certificates of occupational qualification before commencing their work.Article 22 After hiring employees from , Hong Kong and , the employing unit shall file such employees with the local labor security administration according to relevant regulations, and

32、 also apply for , , 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 Forei