Dispatch Implementation Measures For Administrative Licensing

Original Language Title: 劳务派遣行政许可实施办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201307/20130700389471.shtml

Dispatch implementation measures for administrative licensing

    (June 20, 2013 the Ministry released 19th, come into force on July 1, 2013) Chapter I General provisions

    First in order to regulate labor dispatch, in accordance with the People's Republic of China labour contract law of the People's Republic of China Law on administrative licensing law, these measures are formulated.

    Article dispatch administrative license application processing, review and approval, as well as related to the supervision and inspection, these measures shall apply.

    Article III Ministry of human resources and social security responsible for supervising the national dispatch administrative licensing work instructions.

    Local human resources and social security administrative departments at and above the county level in accordance with the province, autonomous region, municipality directly under the administration of human resources and Social Security Department of the Licensing Division of jurisdiction, is responsible for the implementation of this dispatch administrative license within the administrative area and the related supervision and inspection.

    Fourth implementation of human resources and social security administrative departments dispatch administrative licensing shall follow the powers and responsibilities of unity, the principle of openness and fairness, quality and efficiency.

    Fifth article human resources social security administrative sector should in this administrative organ Office places, and website Shang announced labor sent administrative license of according to, and program, and term, and conditions and need submitted of all material directory and supervision phone, and in this administrative organ website and at least a full regional newspaper Shang to social announced get license of labor sent units list and license change, and continued, and revoked, and revoked, and cancellation, situation.

    Chapter staffing of administrative license

    Article sixth labor dispatch business shall be made to the licensing jurisdiction, where human resources and social security administrative departments (hereinafter permit) applications for administrative license according to law.

    Without permission, no unit or individual may engage in labor dispatch business.

    Article seventh applicant operational dispatching business shall satisfy the following conditions:

    (A) the registered capital shall not be less than RMB 2 million Yuan;

    (B) have adapted to operate with fixed premises and facilities;

    (C) that complies with the laws, administrative regulations, dispatch management system;

    (D) other conditions stipulated by laws and administrative regulations.

    Article eighth applying labor dispatch business, the applicant shall submit the following materials to the licensing authority:

    (A) labor dispatch business license application;

    (B) the business license or Enterprise name pre-approval notice;

    (C) articles as well as the capital verification certificate of capital verification report or financial audit reports;

    (D) premises used and adapted to operate with lists of office facilities and equipment, management of information systems;

    (E) the identity of the legal representative;

    (Vi) labor dispatch management system, including employment contracts, remuneration, social security, working hours, rest and vacation, labor discipline and rules and regulations related to the immediate interests of workers text; the placement agreements to be signed with the employer sample.

    Nineth licensing authority upon receipt of the application materials, should be dealt with separately according to the following conditions:

    (A) application errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot;

    (B) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within 5 working days once inform all applicants need to correct the content, fails to inform the, shall be accepted as of the date of receipt of the application materials;

    (C) the application materials are complete and comply with the statutory format, or correction all application materials submitted as requested by the applicant, shall accept administrative licensing applications.

    Article tenth body decides to accept the application made by the applicant, shall issue a written decision of acceptance; decision inadmissible, shall issue a written decision on inadmissibility, explanation of reasons for inadmissibility, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 11th licensing authority decides to accept the application, applicants submitted application materials should be reviewed.

    In accordance with the statutory conditions and procedures, need to verify the substance of the application materials, licensing authority shall assign 2 or more staff for verification. 12th licensing authority shall, within 20 working days from the day of acceptance decisions whether or not to grant an administrative license.

    Cannot make a decision within 20 working days, approved by the head of the administrative organ, and can be extended by 10 working days, and shall inform the applicant of the reasons for such further period.

    13th the applicant meets the statutory requirements of the application, licensing agency shall make a written decision on approving an administrative license, and decided to notify the applicant within 5 working days from the date of the dispatch operation license.

    Applicant's application does not meet the statutory conditions, the licensing authority shall make no written decision of administrative license, give reasons for refusing to license, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. Article 14th labor dispatch business license shall contain the name, domicile, legal representative, registered capital, licensing business, term of validity, number, issuing body and issuing date and other matters. The labor dispatch business license is divided into original and copy.

    Copy of the original and has the same legal effect.

    The labor dispatch business license is valid for 3 years.

    Labor dispatch business license by the Ministry of human resources and social security of the uniform styles from all provinces, autonomous regions and municipalities directly under the human resources and social security administrative departments are responsible for printing and free distribution and management.

    Achieved the 15th labor dispatch after the operating permit, should be kept properly, may alter, resell, lease, lend or otherwise transfer. 16th dispatched unit name, domicile, legal representative or a registered capital of such change, shall apply to the licensing authority to change.

    Meet statutory conditions of, license organ should since received change application of day up 10 a days within law handle change procedures, and renewal new of labor sent business license or in original labor sent business license Shang be indicate; not meet statutory conditions of, license organ should since received change application of day up 10 a days within made not change of written decided, and description reason.

    Division, 17th labor continues to exist after the merger, the name, domicile, legal representative or a registered capital of such change, shall be in accordance with the provisions article 16th.

    Labor dispatch service providers Division, establishing the new company after the merger shall re-apply for the dispatch of an administrative license according to these measures.

    18th staffing firms need continued administrative validity, shall, on the expiry of 60 days before the continuation of administrative license to a licensing authority a written application and submission of the 3 basic operating conditions; late labor continuation of written application of an administrative license, under the new application management service to send administrative permit.

    Article 19th license renewal application should be based on labor, in the Administration make a decision on whether to approve the extension before the expiry date of the permit; fails to make a decision, considered to approve the extension.

    Approve the extension of administrative license, shall issue a new dispatch business license.

    Article 20th staffing firms have any of the following circumstances, licensing authority shall, within 10 working days from the date of receipt of the renewal application not to extend a written decision and reasons:

    (A) fails to submit a labor dispatch business report or submit false labor dispatch business report, ordered corrective action and refused to correct;

    (B) violations of labor and social security laws and regulations, an administrative license by 2 or more times within a period of administrative penalties.

    Subsidiaries operating 21st labor dispatch business, should be subsidiary to the local licensing authority for administrative licensing; staffing firms established branch business of dispatching, shall report in writing permit authorities, and by the branch to the local administrative Department of human resources and social security records.

    Chapter III supervision and inspection

    22nd staffing firms should be submitted to the licensing authority before March 31 in each year the previous year labor dispatch business reports, report the following:

    (A) the business operations as well as the annual financial audit report;

    (B) the number of dispatched workers, as well as the conclusion of labour contracts, participation in trade unions;

    (C) to pay remuneration of dispatched workers;

    (D) dispatched worker participation in social insurances and payment of social insurance premiums;

    (E) the dispatched worker sent to employer number, dispatch, dispatch, employment positions, the term;

    (Vi) labor dispatch agreement with the employer and employer compliance with legal obligations;

    (G) setting up subsidiaries, branches, and so on.

    Labor dispatch service providers set up a subsidiary or branch, shall handle license or record of human resources and social security administrative departments dispatch operations report submitted the previous year.

    23rd licensing authority should be submitted to labor's annual management report for verification, shall conduct supervision on labor dispatch and loading the results of verification and monitoring into business credit record.

    24th under any of the following circumstances, licensing organ or the higher administrative authority, may revoke the labor administrative licensing:

    (A) the licensing organ personnel who abuse their powers, neglect their duties, issued to an applicant who does not meet the requirements of the dispatch operation license;

    (B) beyond the statutory terms of reference issue of the dispatch operation license;

    (C) the violation of legal procedure of the dispatch operation license;

    (D) other circumstances can annul of an administrative license according to law.

    25th concealing the facts or the applicant submitted false information to apply for an administrative license, licensing organ inadmissible, no administrative permissions. Staffing firms by deception, bribery or other improper means and concealing facts or submitted false materials administrative license, the license shall be revoked.
Of staffing firms in the annul of an administrative license may not apply again for staffing of administrative license within 1 year.

    26th under any of the following circumstances, licensing organ shall go through the dispatch of an administrative license cancellation procedures:

    (A) the dispatch operation license has expired, the staffing firms not to seek an extension or renewal application has not been approved;

    (B) staffing firms terminated according to law;

    (C) dispatch administrative license law is revoked, or the labor dispatch business license been revoked according to law;

    (D) the laws, regulations, administrative license shall be revoked under other circumstances.

    27th staffing firms to apply for cancellation of the dispatch of an administrative license by the licensing authority should be submitted has been processed and dispatched workers ' labour relations and social security rights and other materials, licensing authority shall verify the circumstances for cancellation procedures.

    28th parties related to the licensing authorities dispatched Executive disagrees with the decision of an administrative license may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Article 29th of any organization and individual are entitled to implement labor dispatch to report violations of administrative license, human resources and social security administrative departments should be verified, processed in a timely manner.

    The fourth chapter legal liability

    Article 30th Administrative Department of human resources and social security, one of the following circumstances, by its higher administrative authorities or the supervision agency ordered corrective action and directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) issued to an applicant who does not meet the statutory requirements of the dispatch operation license, or beyond the legal authority to issue the labor dispatch business license;

    (B) an applicant who meets the statutory requirements are not administrative approval or disapproval decision on approving an administrative license is made within the statutory time limit;

    (C) the handling of administrative licensing, supervision and inspection work, negligence, malpractice, solicitation or acceptance of other people's property, or seeking other interests;

    (D) does not perform its oversight duties or oversight, causing serious consequences.

    License violation of administrative license, causing damage to the legitimate rights and interests of the parties, shall, in accordance with the State compensation law provides for compensation.

    31st no units and individuals in violation of the People's Republic of China stipulated in the labor contract law, without permission, without authorization, operate labor dispatch business, the human resources and social security administrative departments be ordered to desist from the illegal act, confiscate the illegal income and illegal income more than 1 time fined not more than 5 times; no illegal income, and may be fined not more than 50,000 yuan.

    Article 32nd staffing firms in violation of the People's Republic of China relating to staffing provisions of the labor contract law, the Administrative Department of human resources and social security a rectification; it fails, to 5000 Yuan and 10,000 yuan per person for the following standard fines and revoke its labor dispatch business license.

    Article 33rd staffing firms have any of the following circumstances, by human resources and social security administrative departments to a fine of up to 10,000 yuan in serious cases, fines of between 10,000 yuan and 30,000 Yuan:

    (A) alter, resell, lease, lend the labor dispatch business license, or otherwise transfer the labor dispatch business license;

    (B) concealing facts from dispatch administrative license obtained or submitted false materials;

    (C) obtaining services by deception, bribery or other improper means to send administrative license.

    The fifth chapter by-laws

    Article 34th staffing firms December 28, 2012 to June 30, 2013 the labor contracts and placement agreements, after July 1, 2013, shall, in accordance with the national people's Congress on changes of People's Republic of China implementation of the labor contract law decision.

    Before the implementation of these measures carry on labor dispatch business unit, after obtaining the dispatch of an administrative license in accordance with this approach, for operating new labor dispatch business; does not dispatch administrative license obtained after implementation of this approach shall operate the new labor dispatch business. 35th article of the rules take effect on July 1, 2013.