(Released November 5, 2007 28th Ministry of labour and social security as of January 1, 2008) Chapter I General provisions article in order to strengthen its employment services and employment management, cultivation and improvement of unified, open, competitive and orderly market, employment for workers and employers to recruit staff to provide services under the employment promotion law and other laws and administrative rules and regulations, this provision is enacted.
    Second worker job seekers and jobs and employers recruit staff, organized by the administrative departments of labor security in public employment services and approval by the administrative departments of labor security professional intermediaries engaged in employment services activity, and these provisions shall apply.
    Employers in these rules refers to in the People's Republic of China territory of enterprises, individual economic organizations, non-governmental organizations such as the non-enterprise units and recruit workers to establish labour relations to the State organs, institutions, social groups.
    The third labour and social security administrative departments at and above the county level shall carry out the administrative employment services and employment management. Fourth chapter job and employment workers shall enjoy equal employment rights.
    Labor, not because of their ethnic, racial, gender, religious belief discrimination.
    Article fifth rural workers in cities enjoy equal employment rights and urban workers, not setting discriminatory restrictions on rural workers in cities. Laborers are entitled to independently choosing rights in sixth.
    Workers over the age of 16, has the ability to work and employment aspirations, but based on my ID, through the public employment services, job intermediary introduction or direct channels to connect with employers and other job-seekers.
    Article seventh a worker a job, should be to the public employment services provide basic personal or professional intermediaries, the employer and directly related to job skills, work experience, employment status, and so on, and produce the relevant proof.
    Eighth worker should establish correct concept of career, enhance their employability and entrepreneurship.
    State encourages workers in employment receive the necessary vocational education or vocational training, encourage cities and towns to participate in junior and senior middle school graduates in employment-labour preparation training. State encourages workers start their own businesses, self-employed.
    Labor and social security administration departments at all levels shall, jointly with relevant departments, simplifying procedures, improving efficiency, facilitating entrepreneurship and self-employment for workers and the corresponding services. Chapter III recruiting employees Nineth employer shall enjoy independent human rights.
    Employers recruiting employees, workers should be provided equal access to employment opportunities and equitable conditions of employment.
    Tenth Article employing units can through following way independent enrollment with personnel: (a) delegate public employment service institutions or career intermediary institutions; (ii) participate in career recruitment fair; (three) delegate newspaper, and broadcast, and TV, and Internet station, mass spread media released recruitment information; (four) using this enterprise places, and Enterprise website, owned way released recruitment information; (five) other legal way.
    11th employer commissioned a public employment service agencies or personnel for professional intermediaries, or attend a recruitment fair, should be provided with personnel film and show business license (copy) or authorities approved the establishment of documents, Attn proof of identity documents and commissioned by the employer.
    Recruit personnel film should include basic information of the employer, the number, content, conditions of hire of work, remuneration, benefits, social security and so on, as well as the laws and regulations of the other content.
    12th when an employer recruits staff, should faithfully inform the laborer concerned according to law on job content, working conditions, job location, occupational hazards, safety conditions, wages and workers to understand the other.
    Employer should be based on the employee's request, and timely feedback to the hiring situation. 13th the employer of workers ' personal data should be confidential.
    Disclose employee personal information and use of information technologies, intellectual workers, subject to the written consent of the employee himself.
    14th article employing units enrollment with personnel shall not has following behavior: (a) provides false recruitment information, released false recruitment advertising; (ii) seized was hired personnel of identity card and other documents; (three) to guarantees or other name to workers charged property; (four) enrollment with not full 16 age of minor people and national legal, and administrative regulations provides shall not enrollment with of other personnel; (five) enrollment with no legal identity documents of personnel; (six) to enrollment with personnel for name seek not due interests or for other illegal activities.
    15th article the employer shall not denigrate other employer reputation, commercial bribery and other illegal means to recruit staff.
    16th in recruiting employees, the employer, except as prescribed by the State is not suitable for women in the trades or posts shall not be refused employment on grounds of sex women or on women's employment standards.
    Employers to hire women workers shall not limit stipulated in the labor contract of marriage, fertility of women employees.
    Article 17th an employer who employs workers, it shall give due care to minority workers.
    18th an employer recruits staff, shall not discriminate against persons with disabilities. 19th the employer recruits persons, shall not be rejected for infectious disease pathogen carriers.
    However, cured by medicine to identify carriers of infectious pathogens in or rule out infection suspicion, may not engage in legal and administrative regulations and the Health Administration Department under the State Council prohibited the spread of infectious diseases.
    Employers recruiting employees, in addition to national laws, administrative regulations and the Health Administration Department under the State Council ban on hepatitis b carriers engaged in work, forcibly removing HBV serum markers as medical standards.
    Article 20th employer publishing recruiting pamphlets or advertisements shall not contain discriminatory elements.
    Article 21st an employer who employs involving public safety, human health, life and property and other special categories of workers, shall hire personnel with corresponding types of vocational qualification certificate; employ personnel without a corresponding type of vocational qualification certificate shall be organizing its participation in specialized training, professional qualification certificates before they can make it work.
    22nd after an employer in Hong Kong and Macao personnel, shall, in accordance with the relevant provisions to the local labor and social security administration departments, and for dealing with Taiwan, Hong Kong and Macau Affairs, employment permit.
    Article 23rd an employer who employs foreign nationals should be in front of the entry of foreigners, local administrative departments of labor security in accordance with the relevant provisions for applying for employment license for approval and get the People's Republic of China employment license before they can recruit.
    Employers hire positions foreigners must have special skills required, domestic no proper job and do not violate the relevant provisions of the State.
    Fourth chapter of public employment services 24th labor and social security administration departments at or above the county level shall co-ordinate public employment service work within their respective administrative areas, according to the Government's development plan, establish and improve the public employment service system covering both urban and rural.
    Public employment services under the employment targets set by the Government, the development of employment services, promote the implementation of employment policies, organizing the implementation of employment services, providing employment services for workers and employers, human resources market research analysis, and entrusted by the administrative departments of labor security in charge to promote employment-related matters.
    25th article public employment service institutions should free for workers provides following service: (a) employment policy regulations Advisory; (ii) career supply and demand information, and market wage guide price information and career training information released; (three) Career Guide and career introduced; (four) on employment difficult personnel implementation employment assistance; (five) handle employment registration, and unemployment registration, Affairs; (six) other public employment service.
    26th article public employment service institutions should active expand service function, according to employing units needs provides following service: (a) recruitment employing guide service; (ii) agent recruitment service; (three) across area personnel recruitment service; (four) Enterprise human resources management advisory, professional sex service; (five) labor guarantees Affairs agent service; (six) for meet employing units needs development of other employment service project.
    Labor and social security affairs agency business public employment services shall be approved by the labor and social security administration departments at or above the county level.
    27th public employment service agencies must strengthen vocational guidance, equipped with (and) levels vocational guidance staff, provide vocational guidance services to workers and employers.
    Vocational guidance officers receive professional training and examinations, obtain the appropriate national professional qualification certificates before they can post.
    Public employment services should provide appropriate for vocational guidance facilities and conditions, promotion of vocational guidance work, strengthening publicity for career guidance. 28th article career guide work including following content: (a) to workers and employing units provides national about labor guarantees of legal regulations and policy, and human resources market status Advisory; (ii) help workers understand career status, master job method, determine careers direction, enhanced careers capacity; (three) to workers proposed training recommends, for its provides career training related information; (four) carried out on workers personal career quality and features of test, and on its career capacity for evaluation; (five) on women, and
    Disabled, and minority personnel and the exit active of soldiers, employment groups provides specifically of career guide service; (six) on big secondary school, and career college, and mechanic school students of career guide work provides advisory and service; (seven) on prepared engaged in individual labor or opened private of workers provides venture Advisory Service; (eight) for employing units provides select recruitment method, and determine employing conditions and standard, aspects of recruitment employing Guide; (IX) for curriculum design in vocational training institutions to establish the training direction and advice, such as reference.

    Article 29th of public employment services in the administrative departments of labor security under the guidance of organized labour resources, employment, unemployment statistics.
    30th of public employment services should address the different needs of specific employment groups, develop and organize the implementation of the special plan.
    Characteristics of public employment services should be based on the service object, and in a certain period of time for the different types of workers, employment or employer focused activities and special services.
    Public employment service agencies commissioned by the administrative departments of labor security, organizations work to promote employment.
    31st public employment service agencies to establish integrated service establishments above county level, focus on providing workers and employers with one-stop employment services, and undertake other work arranged by administrative departments of labor security.
    Streets, towns, public employment service agencies, grassroots, community service, employment assistance focuses on public employment services, labour resources survey, and take other jobs assigned by the superior administrative departments of labor security services.
    Public employment services on our national identity.
    32nd of public employment services should be continuously improving service quality and efficiency.
    Public employment service agencies must strengthen internal management, improve service, and service process, service specifications and standards set by the State, for the employment of workers and employers to provide quality and efficient services.
    Staff of the public employment service agencies must strengthen policy, business and service skills training, vocational instructors, career information analyst, labor and social security workers and other professionals to participate in relevant vocational qualification training.
    Public employment services should be public services system, take the initiative to accept supervision.
    33rd above county level labor Security Administration Department and the public employment services should follow the unified labor and security informatization construction planning, standards and norms, establish and improve human resources information network and related facilities.
    Public employment services shall gradually implement the information management and service, carried out in the city employment services, unemployment insurance, employment training, information sharing and public employment services information management and progressive realization and wage information interoperability and information sharing, social security information.
    Article 34th public employment service agencies must establish and improve the human resource market information service system, improve occupational supply and demand information and marketing salary guide price information, vocational training, information, market analysis of human resource information dissemination system, employment for workers, employers recruiting employees and training institutions provide training support. 35th informatization construction of labor and social security administration departments at or above the county level shall, in accordance with uniform requirements, progress towards national human resources information network.
    Among them, the city should be requested by the labor and social security data center, network and centralizing and sharing data resources; provincial and autonomous regions shall establish a human resources market information network monitoring centre at the provincial level, on the area of human resource information monitoring national labor and Social Security Department of the human resources market information network monitoring centre for national human resource information monitoring and analysis.
    Article 36th labor and social security administration departments at or above the county level management of public employment services should be strengthened, to complete various tasks on a regular basis for performance evaluation. 37th article of public employment services funds into the budget at the same level.
    Local labor and social security administrative departments and public employment services shall, in accordance with the financial provisions of the budget, preparation of the annual budget of the public employment services in accordance with law, implemented after approval by the financial departments.
    Public employment services in accordance with the relevant regulations for special employment funds management, to apply for special support funding for public employment services.
    Public employment services donations and assistance from the community, in accordance with the relevant laws and regulations of the State administration and use. The services provided by public employment services for employers, should standardize management, strict control over service charges.
    For a fee, specific projects by the provincial-level labor Security Administration Department in conjunction with the relevant departments.
    Article 38th of public employment services shall not engage in business activities.
    Job fair organized by the public employment service, shall not be charged to the employee.
    39th disabled persons ' Federation at all levels for persons with disabilities employment service agencies are part of the public employment services, is responsible for providing employment services for disabled workers, and approved by the administrative departments of labor security delegate, take on disabled workers registered for employment, unemployment registration exercise.
    Fifth chapter 40th public employment services employment assistance agencies should develop a special employment assistance programme on employment assistance object implementing priority support and focus on helping. Employment assistance including employment difficulties mentioned in these regulations staff and zero-employment families. Object refers to employment difficulties due to physical conditions, skill levels, family, loss of land and other reasons it is difficult to achieve employment and unemployed persons must still unable to find employment in a row.
    Zero-employment families are means family members inside the legal working age in unemployment in urban households.
    Assistance measures, stipulated by the administrative departments of labor security according to the local people's Government at the provincial level develop the range of employment assistance. 41st people with employment difficulties and zero-employment families to the street, community public employment service institutions to apply for job placement assistance.
    Confirmed by the streets, community public employment service agencies, included in the scope of employment aid.
    42nd of public employment services should establish a system of helping people with employment difficulties, through the implementation of employment policies, employment information, skills training, and targeted employment services and public welfare jobs assistance, for persons who have difficulty in implementing preferential employment and focuses on helping.
    People with employment difficulties placed in public positions, giving job-subsidy according to state regulations.
    43rd of public employment services should establish zero-employment families immediate job assistance system by widening the scope of public welfare jobs, measures such as the development of all types of jobs, to provide zero-employment families of unemployed persons in appropriate jobs, and ensure zero-employment families have at least one person employed.
    44th Street, community public employment services should be registered on the area of employment assistance, establish the special account, the implementation of object responsibility system of dynamic management and assistance for employment assistance, and provide timely and effective employment assistance.
    Sixth chapter job agency services article 45th labor and social security administration departments at or above the county level shall strengthen the management of professional intermediaries, encouraged it to improve service quality, to play its role in promoting employment.
    Professional intermediaries in these rules refers to organized by legal persons, other organizations and individual citizens, for job seekers employers recruiting employees and workers to provide intermediary services business organization as well as other related services.
    Government departments shall not hold or held jointly with others operating professional intermediaries.
    Article 46th career brokering shall follow the principles of lawfulness, honesty, fairness and openness.
    Prohibit any organization or individual to use intermediary activities for employment against workers and the employer's legitimate rights and interests. 47th occupation agency implementation of the administrative licensing system.
    Professional intermediaries or other agencies employment agency activities shall be approved by the administrative departments of labor security and access to employment agency license.
    Approved professional intermediaries for the employment agency license, shall be authorised to register with the Administrative Department for industry and commerce.
    Institutions without legal licenses and registration, may engage in employment agency activities.
    Employment agency license uniformly printed by the Ministry of labour and social security and free distribution.
    48th professional intermediaries should meet the following conditions: (a) have a clear institutional regulation and management system, (ii) have the necessary fixed business premises, office facilities and a certain amount of start-up capital and (iii) there are a number of full-time staff with appropriate professional qualifications and (iv) other conditions stipulated by laws and regulations.
    49th article established career intermediary institutions, should to local county above labor guarantees administrative sector proposed application, submitted following file: (a) established applications; (ii) institutions articles and management system draft; (three) places right proved; (four) registered capital (gold) inspection funding report; (five) intends any head of basic situation, and ID Ming; (six) has corresponding career qualification of full-time staff of related proved; (seven) legal, and regulations provides of other file. 50th administrative departments of labor security after receiving the application for professional intermediaries, shall from the date of acceptance of the application completed in the 20th.
    Meet the requirements of and should be approved; not approved, reasons shall be given.
    Labor and Social Security Administration approved professional intermediaries established an annual audit.
    Professional intermediaries to set up conditions, approval and certification procedures, stipulated by the provincial-level labor Security Administration Department.
    51st occupation agency changes name, domicile, legal representative, or termination of, change or cancellation of registration formalities in accordance with the established licensing procedures.
    To set up branches, shall with the consent of the original examination and approval organ consent in writing, by plans to establish branch offices above the county level labor and social security administration departments for approval. 52nd article career intermediary institutions can engaged in following business: (a) for workers introduced employing units; (ii) for employing units and residents family recommended workers; (three) carried out career guide, and human resources management advisory service; (four) collection and released career supply and demand information; (five) according to national about provides engaged in Internet career information service; (six) Organization career recruitment fair; (seven) by labor guarantees administrative sector approved of other service project.

    53rd occupation intermediary services should be in place an express license, employment agency license, service projects, standards, supervisory authority name and phone, and accept the administrative departments of labor security supervision and inspection and other related sectors.
    54th occupation agency should establish the service account, and records results of objects, services, processes, services and fees, and accept the administrative departments of labor security supervision and inspection.
    55th occupation of intermediaries providing professional mediation services are not successful, shall return the intermediary service fees charged to the employee.
    56th occupation agency hiring big job recruitment fairs, should develop appropriate implementation measures for the Organization and security of the work programme, and to approve the setting up of the body.
    Job intermediary admission recruitment should be the employer's qualification of authenticity and recruiting personnel film authenticity verification. 57th occupation mediation bodies for specific objects with public employment services, may, in accordance with the provisions granting subsidies.
    Can subsidize public employment service scope, object, service and subsidies, by the provincial-level labor Security Administration Department in conjunction with the departments concerned. 58th article ban career intermediary institutions has following behavior: (a) provides false employment information; (ii) released of employment information in the contains discrimination sex content; (three) forged, and altered, and transfer career intermediary license; (four) for no legal card as of employing units provides career intermediary service; (five) introduced not full 16 age of minor people employment; (six) for no legal identity documents of workers provides career intermediary service; (seven) introduced workers engaged in legal, and regulations ban engaged in of career; (eight) seized workers
    Identity cards and other documents, or a deposit to the employee; (IX) by violence, coercion, fraud, such as professional intermediary activities; (10) beyond the approved business scope and (11) other acts in violation of laws and regulations.
    59th labor and social security administration departments at or above the county level shall be in accordance with the approved establishment of occupational employment agencies to supervise the activities of the intermediary agencies, credit organizations in respect of their services on a regular basis and assess the quality of services, and publicize the assessment results.
    Labour and social security administrative departments at and above the county level should guide the professional intermediary staff training, improve the quality of service.
    Labour and social security administrative departments at or above the county level integrity, quality service and public service performance of professional intermediaries and individuals, upon approval by the people's Governments at the same level, recognition and rewards.
    60th establishment of foreign-invested professional intermediaries and professional intermediaries engaged in overseas employment agency services, in accordance with the relevant provisions.
    The seventh chapter employment and unemployment management article 61st of labour and social security administrative departments should establish and improve the employment registration system and unemployment registration system, perfect the management of employment and unemployment.
    Public employment service is responsible for the registration of employment and unemployment registration, set up special accounts, timely and accurately changes in the workers ' employment and unemployment situation, statistical work and prepare accordingly.
    Employment and unemployment registrations in all provinces, autonomous regions and municipalities within a unified employment unemployment registration certificate (hereinafter certificate), issued free of charge to workers, and include the corresponding support policies can enjoy.
    Employment registration, registration of specific procedures and registration styles, by the provincial-level labor Security Administration Department. 62nd laborer is an employer who employs, by the employer to the employee for employment registration. Employers hire workers and termination or termination of labor relations and workers, should be to the local public employment service record, registration procedures for employment for the employee.
    Employers recruit staff, should be on the hiring date of 30th registration; after the employer and the employee termination or termination of labor relations, and should be registered on 15th.
    Flexible employment or self-employed workers, of which I am in the streets, towns, public employment employment registration services. Includes employee personal information registered with employment, type of employment, employment, employment units as well as establish, terminate or rescind the contract.
    Employment registration details and materials required by the provincial-level labor Security Administration Department.
    Public employment services should the employer employment registration and related procedures set up specialized services window, simplifying procedures to facilitate employers handle. 63rd in the legal working age, is able to work, employment requirements, in the towns of jobless persons who reside, can be registered with the public employment services for unemployed.
    Among them, no employment experience of town officials, domicile registered rural migrant workers and other local officials in the local stability in employment 6 months jobs can register permanent resident.
    When workers registering 64th article, shall hold identity papers and proof of original identity relevant certificates; employment history, it also requires the original termination, proof of termination of labor relations or dismissed.
    Certificate of registration of registered unemployed persons by public employment services and employment support policies which meet the criteria, as required for unemployment insurance.
    Registered unemployed persons should report regularly to the public employment service employment unemployment, active job seekers, participate in public employment services for job training.
    65th article unemployment registration of range including following unemployment personnel: (a) years full 16 age, from various school graduated, and attended of; (ii) from enterprise, and organ, and institutions, various employing units unemployment of; (three) individual industrial and commercial households owners or private owners closed, and bankruptcy stop business of; (four) Contracting land was expropriation, meet local provides conditions of; (five) soldiers exit active and not into national unified placed of; (six) penalty full release, and parole, and outside prison or lifted reeducation-through-labor of;
    (G) around the other unemployed persons.
    66th article registration unemployment personnel appeared following case one of of, by public employment service institutions cancellation its unemployment registration: (a) was employing units hired of; (ii) engaged in individual business or founded enterprise, and received business license of; (three) has engaged in has stable income of labor, and months income not below local minimum wage standard of; (four) has enjoy basic pension insurance treatment of; (five) completely lost labor capacity of; (six) entrance, and military service, and moved outside of;
    (VII) sentenced to prison to perform or are undergoing rehabilitation through labour; (VIII) termination of employment or refusing to accept public employment services; (IX) for 6 consecutive months without contact with the public employment services; (j) has been registered with employment for another person or under other circumstances. 67th employer is in violation of the eighth chapter penalty provisions article 14th (b), (c) the provision, in accordance with the 84th of the labor contract law shall be punished; if an employer violates article 14th paragraph (d) provides, in accordance with the prohibition of use of child labour and other relevant laws and regulations will be punished.
    If an employer violates article 14th (a), (e), (f) the provision, by the administrative departments of labor security correction and fined 1000 Yuan fine for damage caused to the person involved, shall assume the liability.
    68th article employing units violation this provides 19th article second paragraph provides, in national legal, and administrative regulations and State health administrative sector provides ban hepatitis b disease original carry who engaged in of work post yiwai enrollment with personnel Shi, will hepatitis b virus serum learn index as medical standard of, by labor guarantees administrative sector ordered corrected, and can sentenced 1000 Yuan following of fine; on party caused damage of, should bear compensation responsibility.
    69th in violation of the provisions of article 38th, operating public employment services employment agency activities charged to the worker, the administrative departments of labor security rectification will return workers illegal fees charged by, and directly responsible for the charge and other direct liable persons shall be given administrative sanctions.
    70th violation of the provisions of article 47th, without permission and registration of unauthorized employment agency activities, the labor security administration or other competent authority in accordance with article 64th of the employment promotion law will be punished.
    71st career agency in violation of the provisions of article 53rd, unspecified job agency licensing, supervision, the administrative departments of labor security correction and fined 1000 Yuan fines; unspecified charges, drew attention to the Department in charge of price according to the relevant provisions of the State; not expressly licensed, drew attention to the Administrative Department for industry and Commerce according to the relevant provisions of the State.
    72nd career agency in violation of the provisions of article 54th, service account has not been established, or establish the service account but does not record clients results, services, processes, services and fees, the administrative departments of labor security correction and fined 1000 Yuan fine.
    73rd occupation agency violates the present provisions 55th article career following an unsuccessful mediation service does not return the intermediary service fees charged to the employee, the labor Security Administration Department ordered corrective action and can be fined 1000 Yuan fine. 74th occupation Agency in violation of the provisions of article 58th in subparagraph (a), (c), (d) and (h) the provision, in accordance with the employment promotion law 65th, 66th, penalty shall be imposed. Violation of the provisions of article 58th (e) provision, shall be punished in accordance with the prohibition of use of child labour. Violation this provides 58th article other the provides of, by labor guarantees administrative sector ordered corrected, no illegal proceeds of, can sentenced 10,000 yuan following of fine; has illegal proceeds of, can sentenced not over illegal proceeds three times times of fine, but highest shall not over 30,000 yuan; plot serious of, drew attention to the business sector law revoked license; on party caused damage of, should bear compensation responsibility.

    75th employer is in violation of the provisions of article 62nd, not in time for the registration procedures for the employment of the worker, the administrative departments of labor security correction and fined 1000 Yuan fine.
    Nineth chapter supplementary articles article 76th of provinces, autonomous regions and municipalities directly under the administrative departments of labor security in accordance with the provisions of the implementation details. 77th these provisions come into force on January 1, 2008.
                Issued on October 27, 1994 the Ministry of labour of the vocational guidance measures, labor and Social Security Department of the labour market regulations, promulgated on December 8, 2000 repealed at the same time.