(On March 22, 2005 personnel, and national business administration General makes 4th, announced since announced of day up 30th Hou purposes) according to People's Republic of China administrative license method, on on September 11, 2001 announced of talent market management provides (personnel, and national business administration General makes 1th,) for following modified: 1, and seventh article first paragraph modified for: "established talent intermediary service institutions, can through letters, and telegraph, and fax, and fax, and Electronic data interchange and e-mail form to apply to the Government personnel administration Department, and sixth in accordance with the requirements of articles submitted for evidence. Establishing a fixed place talent Exchange, special note needs to be done. "2, eighth one paragraph is added as the fourth paragraph:" the personnel administration department shall establish and improve personnel licensing system for intermediaries, and published in the website of the Executive and approval procedures, deadlines, and need to submit all materials directory, directory of talents intermediary service institutions as well as approve the establishment, and so on.
"3, IX is amended as:" the approval authority shall, within days of receiving the report of the human resources applications from intermediary service providers within 20th have been audited and cannot make a decision in the 20th, and approved by the head of the administrative organ, you can extend the 10th, and shall inform the applicant of the reasons for such further period. "The approval, issue a talent agency license (hereinafter referred to as the old), and shall make a decision within 10th of the applicants will be issued, service licenses, does not agree, it shall notify the applicant in writing and state the reasons. "4, 11th modified to:" talent agency or related business to foreign companies, enterprises and other economic organizations within the territory of China talents intermediary service activities must be joint ventures with China talents intermediary service organization.
Establishment of Sino-foreign joint venture talents intermediary Agency shall comply with the Sino-foreign joint venture law of the provisions of the State, by the proposed branch provincial government personnel administration departments for approval, licensing, and reported to the Ministry of personnel records, and in accordance with the relevant provisions of other procedures. "Hong Kong S.A.R., and Macau S.A.R., and Taiwan investors in the Mainland to set up a joint venture in the area of talent agencies, reference implementation of the preceding paragraph. Otherwise provided for by laws and regulations, in accordance with its provisions. "5, 16th revised as follows:" approving authority is responsible for the set up of the talents intermediary service institutions to check or checks, and can check out or ask to submit relevant materials. Talent intermediary service organizations should be inspected, and provide relevant information and materials. Approval authority shall publish examination results. "6, 23rd revised as follows:" talent fair held over shall be in accordance with administrative privileges to the County personnel administration Department for approval. Held across the province (autonomous regions and municipalities) within the talent Exchange, subject to the approval of the provincial government's personnel administration organization name as ' Chinese ', ' national ' descriptions of the talent Exchange, by personnel or authorized by the provincial personnel Department for approval. Without permission, no unit or individual may hold talent Exchange. "7, and 36th article modified for:" talent intermediary service institutions violation this provides, unauthorized expanded license business range, and not law accept check or provides false material, not by provides handle license change, procedures of, by County above government personnel administrative sector be warning, can and at 10000 Yuan following fine; plot serious of, ordered closed reorganization, has illegal proceeds of, confiscated illegal proceeds, and can sentenced not over illegal proceeds 3 times times of fine, but highest shall not over 30000 Yuan.
"This decision announced 30th after the date of promulgation.
The labor market regulations be revised according to this decision, republished. Attached: talent market management provides (2005 amendment this) (on September 11, 2001 personnel, and national business administration General makes 1th, released, on March 22, 2005 according to personnel, and national business administration General on modified straddling talent market management provides of decided Amendment) first chapter General first article to established and perfect mechanism sound, and run specification, and service thoughtful, and guide supervision powerful of talent market system, optimization talent resources configuration, specification talent market activities, maintenance talent
, Employer and personnel of intermediary service organization of the legitimate rights and interests, in accordance with the relevant laws and regulations, this provision is enacted.
Job market referred to in the provisions of article management, refers to the intermediary agencies engaged in qualified personnel intermediary services, employer recruitment and management of individual candidates as well as the related activities.
Market services refers to the various employer and persons with secondary education or professional qualification, as well as other people working in professional or managerial functions.
Third market activities shall abide by national laws, regulations and policies, adhere to the principle of openness, equality, competition, and self employment, the individual graduates.
Fourth personnel administration departments at or above the county level shall be the talent market management Department, administration for industry and Commerce above the county level shall exercise supervision and management talent markets in the sector in the area of responsibility.
Chapter personnel intermediary services fifth talents intermediary service institutions in these rules refers to the employer and provides intermediary services and other related services of the franchise or run the organization.
Job intermediary services settings should be consistent with the needs of economic and social development, according to the requirements of market development, overall planning, rational distribution.
Sixth article established talent intermediary service institutions should has following conditions: (a) has and carried out talent intermediary business phase adapted of places, and facilities, registered capital (gold) shall not less than 100,000 yuan; (ii) has 5 name above College above degree, and made talent intermediary service qualification certificate of full-time staff; (three) has sound feasible of work articles and system; (four) has independent bear civil responsibility of capacity; (five) has related legal, and regulations provides of other conditions. Article seventh talents intermediary service institutions, by letter, telegram, telex, fax, electronic data interchange and e-mail form to apply to the Government personnel administration Department, and sixth in accordance with the requirements of articles submitted for evidence.
Establishing a fixed place talent Exchange, special note needs to be done.
Without the approval of the personnel administration Department, may not establish talents intermediary service organization.
Established by article eighth talents intermediary service organization shall, in accordance with administrative rights by government personnel administration departments at or above the county level (hereinafter referred to as the approving authority) for approval. Organizations directly under the State Council ministries, in Beijing and its immediate public institutions in Beijing and Central tube enterprises, national societies to apply for establishment of intermediary service organization personnel, approved by its personnel.
Units applying for the establishment of the central in the local talents intermediary service organization, HR and administrative approval by the seat of the provincial government.
Personnel of intermediary service institutions to set up branches, shall, on the written consent of the original examination and approval organ consent, approval of the location of the branch personnel administration department.
Personnel administration departments should establish and improve personnel licensing system for intermediaries, and published in the website of the Executive and approval procedures, deadlines, and need to submit all materials directory, directory of talents intermediary service institutions as well as approve the establishment, and so on.
Nineth approval authority shall, within days of receiving the report of the human resources applications from intermediary service providers within 20th have been audited and cannot make a decision in the 20th, and approved by the head of the administrative organ, you can extend the 10th, and shall inform the applicant of the reasons for such further period.
Approval and issue a talent agency license (hereinafter referred to as a license), and shall make a decision within 10th of the applicants will be issued, service licenses, does not agree, it shall notify the applicant in writing and state the reasons.
Tenth Internet information service provider franchise or run talents of information network service, you must apply for a permit. 11th talent agents or related business to foreign companies, enterprises and other economic organizations within the territory of China talents intermediary service activities must be joint ventures with China talents intermediary service organization.
Establishment of Sino-foreign joint venture talents intermediary Agency shall comply with the Sino-foreign joint venture law of the provisions of the State, by the proposed branch provincial government personnel administration departments for approval, licensing, and reported to the Ministry of personnel records, and in accordance with the relevant provisions of other procedures. Hong Kong S.A.R., and Macau S.A.R., and Taiwan investors in the Mainland to set up a joint venture in the area of talent agencies, reference implementation of the preceding paragraph.
Otherwise provided for by laws and regulations, in accordance with its provisions.
12th approved licensed talents intermediary service organization shall, in accordance with the relevant provisions, is the establishment of institutions and management departments registration, is to register with the Administrative Department for industry and commerce registration of enterprises.
To register with the Administrative Department for industry and commerce registration, name of the authority shall, before a licence, by the Administrative Department for industry and Commerce approved in advance.
13th talents intermediary service organization may engage in the following businesses: (I) demand and supply of information collection, collation, storage, publishing, and consulting services, (ii) human resources information network services, (iii) talents recommendation; (d) recruitment, (v) training, (vi) personnel assessment; (VII) laws, rules and regulations and other relevant businesses.
Approval authority according to the talents intermediary service organization or industry in the region's economic, social development needs and talents intermediary service organization of their own equipment, personnel, and management of, ratified one or more of its businesses.
14th talents intermediary service institutions should carry out business activities in accordance with law, shall not exceed the license approved business scope; refrain from unfair competition engaged in brokering activities; shall not provide false information or making false promises. 15th talents intermediary service institutions should be public services and procedures, publication of fees and standards.
Fees and standards shall conform to the national and the provincial, autonomous region, or municipality directly under the relevant provisions. 16th approval authority is in charge of the intermediary service institutions approved the establishment of talent checks or checks, and can check out or ask to submit relevant materials. Talent intermediary service organizations should be inspected, and provide relevant information and materials.
Approval authority shall publish examination results.
17th talents intermediary service institutions have changed names, addresses, business scope, legal representative, as well as cases of suspension, termination, change or cancellation of registration formalities according to the original examination and approval procedures.
18th talents intermediary service institutions can establish an industry organization, coordinates industry activities, the promotion of fair competition, improve service quality, normative ethics, and protect legal rights of members of the industry.
Chapter III personnel agency 19th talents intermediary service organization provides business accepting employer and individual delegates, engaged in various types of personnel services.
Article 20th following staffing agency business must be authorized by government personnel administration department.
(A) movement of personnel archive management, (ii) went abroad for private candidates ' and (iii) provisions in the Declaration or organizational evaluation within the framework of qualifications for professional and technical positions and (iv) positive rating and length approved; (e) graduates receiving procedures; (vi) other matters authorized personnel agency.
21st personnel agency can be used by collective Agency, or by an individual agency; number of principal-agent or individual agency; full agency, may also be part of the personnel agency. 22nd entrust personnel agency, and be filed with the Agency a valid certificate of attorney to determine agency projects.
Agency approval, commissioned by the Agency and unit personnel agency contract was signed, specify the rights and obligations of both parties, established staffing agency. Commissioned personnel agency, depending on the clients situation, submit the relevant documents to the Agency a copy of proof and proxy-related materials.
Agency approval, concluded between the Agency and individual personnel agency contracts, establish personnel agency. The fourth chapter recruitment and job fair held 23rd shall, in accordance with administrative rights approved by the personnel administration departments at or above the County. Held across the province (autonomous regions and municipalities) within the talent Exchange, subject to the approval of the provincial government's personnel administration organization name as ' Chinese ', ' national ' descriptions of the talent Exchange, by personnel or authorized by the provincial personnel Department for approval.
Without permission, no unit or individual may hold talent Exchange. 24th talent Exchange should be owned by State and local government requirements talents intermediary service institutions.
Held should qualification review of employers participating in the fair, to manage recruitment activities.
25th an employer can entrust talents intermediary service organizations, participate in the fair, in the public media and the Internet, dissemination of information, as well as other legitimate way to recruit talent.
26th open recruitment of the employer, shall issue a document relating to approved its establishment or business license (copy), and to publicize the number of personnel to be employed, jobs and conditions.
Employers in the recruitment of personnel, shall not be refused employment on grounds of ethnicity, religious belief, or raising standards; not suitable for women as provided for in national post, shall not be denied on grounds of sex to recruit women or improve the terms of employment for women.
27th an employer hiring may not collect fees on behalf of any candidate, without fraud or other means to seek illegal interests. 28th job intermediary service agencies through various forms, in various media (including the Internet) for employer published job advertisements, shall not exceed the scope of business.
Publisher shall not exceed their scope of business or unlicensed intermediary agencies publish recruitment advertisements. 29th article employing units shall not recruitment following personnel: (a) is bear national, and province focus engineering, and research project of technology and management of main personnel, without units or competent sector agreed of; (ii) by national unified sent and and not full rotation years of to Xinjiang, and Tibet work of personnel; (three) is engaged in involved national security or important confidential work of personnel; (four) has illegal disciplinary suspected is law accept review yet closed of personnel; (five) legal, and
Regulations not yet other special positions personnel flow. Article 30th talent candidates talents intermediary service organization and talent information networks, exchange of talent, in the form or contact the employer directly.
When candidates issued cards and resumes, and other related materials, must be true and valid.
31st article for someone who just left the original unit, shall, in accordance with relevant State policies and regulations, comply with the contract or agreement signed with the former, not allowed to leave.
Through resignation or transfer to leave the original unit, shall, in accordance with the State regulations on the resignation, transfer process.
Article 32nd in line with the national policy of talent flow to apply talents, the unit should go through the relevant procedures in a timely manner, in accordance with the relevant provisions of the agreement apply talents to provide supporting documents and related materials shall not be in addition to set restrictions set by the State.
Apply where units provide resources for training of talents, such as individuals and units have contracts, training fees in accordance with the contract provisions; and no, units may be appropriately collect training fees charging standards by training units, length of service, calculated according to the proportion of annual 20%.
Article 33rd recruited talent for recruitment, and after leaving the original unit, may not take the technical data and equipment of the unit, must not violate the intellectual property, trade secrets, and other legitimate rights and interests of the original unit.
Article 34th employers and apply for personnel to determine the employment relationship, shall, on the basis of equality, voluntariness and unanimity, signing the employment contract or employment contract according to law.
The fifth penalty 35th in violation of the provisions of chapter, without the approval of the Government personnel administration arbitrarily established talents intermediary service agencies or talent agent service activities, personnel administration departments at or above the county level shall be ordered closed down and fined a maximum of 10000 Yuan; illegal gains, illegal gains shall be punishable by no more than 3 times the fines, but shall not exceed a maximum of 30000 Yuan.
Violation of these provisions, without the approval of the Government personnel administration arbitrarily set up Sino-foreign joint venture talents intermediary Agency, or above the provincial level government personnel administration in accordance with the provisions of the preceding paragraph shall be punished.
36th article talent intermediary service institutions violation this provides, unauthorized expanded license business range, and not law accept check or provides false material, not by provides handle license change, procedures of, by County above government personnel administrative sector be warning, can and at 10000 Yuan following fine; plot serious of, ordered closed reorganization, has illegal proceeds of, confiscated illegal proceeds, and can sentenced not over illegal proceeds 3 times times of fine, but highest shall not over 30000 Yuan.
37th article violation this provides, without government personnel administrative sector authorized engaged in personnel agent business of or without approved unauthorized organization held talent exchange of, by County above government personnel administrative sector ordered immediately closed, and at 10000 Yuan following fine; has illegal proceeds of, can sentenced not over illegal proceeds 3 times times of fine, but highest shall not over 30000 Yuan; plot serious of, and ordered closed reorganization.
Article 38th talents intermediary service organization violates the provisions beyond the scope accepted the Agency's licensing business, personnel administration departments at or above the county level shall be warned, rectify, and fined a maximum of 10000 Yuan.
39th employer is in violation of the provisions on the grounds of nationality, sex, religious beliefs refusing to hire or raise hiring standards, hiring not recruiters, as well as to charge candidates or fraudulent means to seek illegal interests, personnel administration departments at or above the county level shall be ordered to correct serious cases and fined a maximum of 10000 Yuan.
40th individuals in violation of the provisions of article causes losses to the original unit shall bear liability.
41st employer, talents intermediary service agencies, publishers publish fake job ads, by the Administrative Department for industry and commerce in accordance with the 37th article of the advertising law punishment.
Talents intermediary service organization beyond the scope of licensing business advertising, advertisers exceed their business scope or advertisement of intermediary service organization without a licence, fined a maximum of 10000 Yuan by the industrial and commercial administrative departments; illegal gains, illegal gains shall be punishable by no more than 3 times the fines, but shall not exceed a maximum of 30000 Yuan.
42nd talents intermediary activities violate the provisions of industrial and commercial administration, be investigated and prosecuted by the Administrative Department for industry and commerce in accordance with the relevant provisions.
Sixth chapter supplementary articles article 43rd stipulated by the Ministry, the State administration for industry and commerce is responsible for the interpretation. The 44th article of the regulations come into force on October 1, 2001.
On January 29, 1996, the Ministry of personnel issued the provisional regulations on management of talents markets (human hair [1996]11) repealed simultaneously.
