Harbin Talents Intermediary Service Organization Management

Original Language Title: 哈尔滨市人才中介服务机构管理办法

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(On December 26, 2007 Harbin city government 18th times Executive Conference considered through on December 28, 2007 Harbin City Government makes 182th, announced since on February 1, 2008 up purposes) first chapter General first article for strengthening talent intermediary service institutions management, specification talent intermediary service activities, according to State on does needed retained of administrative approval project set administrative license of decided and national personnel, and Business Administration General talent market management provides, about provides,
    This municipality actually, these measures are formulated.
    Article talents intermediary service institutions in these measures refers to approved by the personnel department, personnel intermediary services license obtained according to law, for employers and talent provide each other intermediary service organizations.
    Article within the administrative area of the city talent agent job intermediary services activities of service departments, these measures shall apply.
    Fourth City Department of personnel administration of the intermediary service organization is responsible for the city's talent management.
    District and County (City) responsibilities by HR departments, responsible for talent management of intermediary service organizations within their respective jurisdictions.
    , Prices, filing and other administrative departments for industry and commerce in accordance with their respective responsibilities, to collaborative talents intermediary service organization management.
    Personnel administrative departments should improve the article talents intermediary service organization licensed delivery system, offices and departments website to publish the administrative licensing condition, should submit all materials directory, administrative license procedures and deadlines, talents intermediary service organization provides efficient and convenient services.
    Article VI personnel administrative departments shall guide and supervision and inspection personnel of intermediary service organization of business, establish and perfect the talents intermediary service system reports, complaints of violations, investigate and deal with violations in the talent-agency activities in a timely manner.
    Article personnel administrative departments should establish intermediary service organization credit file, and through the Web site to the public on a regular basis.
    Chapter two talents intermediary service institutions established under article eighth talents intermediary service organization shall conform to the city's economy and social development needs, according to geographic area, industry, population, human resource flow and position requirements, overall planning, rational distribution.
    Nineth municipal entities or individuals (including other units or individuals within the province) talents intermediary service institutions established in the city (including branches, the same below), County (City) establishment of intermediary service organization of personnel and the establishment of the name as "Harbin" talents intermediary service organization, approved by the City Department of personnel administration.
    Counties (cities) are units or individuals in the County (City) establishment of intermediary service organization of personnel in their administrative areas, by County (City) personnel administration departments for approval, and report to the municipal personnel administration Department for record.
    The tenth established talents intermediary service organization shall meet the following conditions: (a) fitting in with the talent agency business place and facilities, floor space of not less than 90 square meters (not engaged in the recruitment, training, service may be appropriate to reduce floor space).
    (B) the registered capital shall be not less than 100,000 yuan.
    (C) there are 5 or more with a college degree, access to talent agent service qualification certificate of full-time staff.
    (D) sound and feasible work rules and systems.
    (E) ability to bear civil liabilities independently.
    (Vi) other conditions stipulated by law, rules and regulations.
    11th talents intermediary service institutions to apply for setting up branches, shall satisfy the following conditions: (a) approved in accordance with established funds earmarked for a legal personality and the accumulation of more than 300,000 yuan.
    (B) in 3 years time the establishment, effective talent supply and demand information on more than 2000.
    (C) no major violations in the last 3 years.
    (D) job intermediary services for certificates, has more than 8 full-time staff.
    12th applying for establishment of intermediary service organization personnel, shall submit the following materials: (a) the establishment of intermediary service organization of personnel application form.
    (B) whether the site, submit the certificate of ownership of housing; rentals place, submitted by not less than 3 years lease term lease agreements and rental housing property certificate.
    (C) issued by a legally authorized investment institution the registered capital verification proof.
    (D) full-time staff qualifications, talents intermediary service qualification certificate.
    (E) the work rules and systems.
    (Vi) services and procedures, and standard fees and charges.
    (G) representation of the legal representative or principal responsible person proved.
    (H) joint venture, jointly, shall be submitted to the cooperation agreement.
    (I) laws, regulations, rules and regulations to be submitted by other materials.
    13th talents intermediary service institutions to apply for setting up branches, shall submit the following materials: (a) establishment of intermediary service organization of personnel branch application form.
    (B) personnel intermediary services license copy and copies.
    (C) issued by a legally authorized investment institution funds earmarked for capital verification certificate.
    (D) reserves of talent supply and demand information materials.
    (E) personnel intermediary services approval issued by the Department of no significant proof of the offence.
    (F) full-time personnel intermediary services credentials.
    (G) laws, regulations, rules and regulations to be submitted by other materials.
    14th article city, and County (City) personnel administrative sector on application established talent intermediary service institutions or branch institutions of, should according to following program handle: (a) on application material complete, and meet provides form of, should accepted, and to accepted notice; application material not complete or not meet provides form of, should spot or in 5th within once told applicants need correction of all content.
    (B) to the admissibility of the application materials are reviewed and assigned more staff to conduct on-site verification. (C) review and meet the required conditions shall be from the date of acceptance of the administrative licensing decisions are made in the 20th, and date of decision applicants will be issued after 10th personnel intermediary services permit; for failure to meet the required conditions, made no decision in writing and state the reasons for the administrative license.
    Cannot make a decision in the 20th, and approved by the head of the personnel department, you can extend the 10th, and shall inform the applicant of the reasons for such further period.
    15th Internet information service provider franchise or intermediary services of diversified human resources information network, should apply for a talent agency license in accordance with this regulation. 16th approved access to talent talents intermediary service organization of intermediary service license, shall, in accordance with the regulations, establishments of Department or the Administrative Department for industry and commerce registration.
    To the Administrative Department for industry and commerce registration, its name should apply for their talents intermediary service permits, approved by the industrial and commercial administrative departments in advance.
    17th talents intermediary service organization name and address, scope of business, legal representative, change of registered particulars shall apply for registration of change, and submitted to the original examination and approval departments the following materials: (a) talents intermediary service organization application for change of registration.
    (B) the evidence associated with the change.
    (C) human resources intermediary services license original and copy.
    18th human resources intermediary services of suspension, termination, shall apply for cancellation of the registration, and submitted to the original examination and approval departments the following materials: (a) talents intermediary service organization application for deregistration.
    (B) the bankruptcy ruling of the Court or of cancellation under this unit in accordance with the relevant provisions of resolutions or decisions, the Executive to order the suspension of personnel activity of intermediation services penalty decision.
    (C) dealing with the debt certificate showing the completion of or liquidation team is responsible for cleaning up the files of the credit and debt.
    (D) human resources intermediary services license original and copy.
    19th talents intermediary service institutions to apply for changes or cancellation of registration, date of the original examination and approval Department shall accept the application approved and registered in the 15th.
    Talents intermediary service institutions of the cancellation of its registration by the examination and approval Department announcement.
    20th talents intermediary service license is lost or damaged, talents intermediary service organization shall be specified in the personnel administration department press statement of cancellation according to relevant provisions and apply for a replacement.
    Talents intermediary service 21st chapter III approved the establishment of talent agent services, you can follow the permitted scope of business engaged in one or more of the following operations: (a) demand and supply of information collection, collation, storage, publishing, and consulting services.
    (B) human resources information network services.
    (C) recommended, recruitment, talent search recruits.
    (D) dispatch, leased or transferred.
    (E) the training of talents.
    (F) the personnel evaluation.
    (VII) fair held in accordance with regulations.
    (VIII) personnel engaged in authorized agent.
    (IX) other business stipulated by laws, rules and regulations.
    22nd talents intermediary service organization personnel intermediary services in places the original license should be conspicuous and public service content, procedures and management systems, publication of fees and standards.
    And standard fees and charges, in accordance with the relevant provisions of the national, provincial and municipal.
    23rd talents intermediary service institutions authorized by the personnel department, personnel agent may engage in the following businesses: (a) access to and management of personnel files, adjust file wages, declared or recognized professional and technical positions within the limits prescribed qualifications.
    (B) in accordance with the relevant provision of League organization in turn.
    (C) issue to personnel file as the basis of the relevant certificates for studying abroad (outbound) provided well documented.
    (D) handle the received non-graduates of normal universities about formalities.
    (E) the agent of social insurance.
    (Vi) other matters authorized agent.
    24th talents intermediary service agencies with personnel agency issued relating to staff relations, personnel records procedures, certificates issued by executive authorities, public institutions and State-owned enterprises and procedures relating to staff relations, personnel records, proved equally effective.
    25th units or individuals entrusted personnel, talents intermediary service institutions should personnel agency contracts with the principal unit or individual, clear representation, duration of the agent, agent fees and so on.
    Commissioned personnel agency, shall be submitted to the personnel application and approved the setting up of the files or copies of business license and other related materials.
    Commissioned personnel agency shall submit applications for personnel agency and related materials such as ID cards.
    26th Commission personnel agency of individuals and the employer terminates the employment contract, should be to the 15th principal-agent talents intermediary service bodies filing procedures.
    27th delegate personnel units or individuals needed to lift personnel agency contract shall be submitted to the Agency talent agent services shift function, talents intermediary service organization pursuant to shift letter dossier issued by transmitting procedure.
    28th personnel archives acting talents intermediary service organization shall, in accordance with the relevant provisions, establish and improve the custody, access, borrowing system and provision of personnel archives, person responsible for file management, and established in accordance with the rules of private archives.
    29th talents intermediary service institutions for talent Exchange meeting, shall, in accordance with the relevant provisions of national and provincial.
    30th organizing talent Exchange talents intermediary service organization shall in advance of site security check, maintain normal order of recruitment sites, to monitor the activities in the recruitment, handle complaints, provide counselling and follow-up services. Talent intermediary service organization shall qualify the participating employers.
    Established by the recruitment unit shall provide the approval of its files or duplicate of business license, recruitment letters and publicize the number of personnel to be employed, jobs and conditions. 31st talents intermediary service institutions engaged in temporary staffing business, should be dispatched personnel to sign employment contracts, specify the rights and obligations of both parties.
    Employment contract negotiated by the two parties, including contract, dispatched personnel remuneration, social security and so on.
    Job intermediary services and dispatched personnel employment term of the contract should be signed in more than two years, and a monthly payment of labour remuneration; being sent to talent without work during, talents intermediary service organization shall, in accordance with the provisions of the minimum wage to their monthly pay. Article 32nd talents intermediary service agencies talent should dispatch agreement with the employer.
    Talent dispatch agreement negotiated by the two parties, including sending post, time limit, dispatch fee amounts and payment methods as well as liability for breach of the agreement and so on.
    Article 33rd talents intermediary service organization shall dispatch agreement notify the dispatched personnel.
    Talent intermediary service organizations should be dispatched personnel payroll, social insurance, provides personnel, skills training and employment services such as legal advice.
    34th the employing unit shall be dispatched personnel to provide appropriate working conditions and labour protection and work-related benefits, on-the-job dispatched personnel required for job training. 35th dispatched personnel shall perform the contract, comply with the employer's rules and regulations, subject to the employer's management.
    Breaches, breaches of discipline, the employer may put forward opinions and suggestions by talents intermediary service institutions in accordance with the agreement provisions. 36th dispatched personnel should be the employer's trade secrets or know-how.
    Losses due to leaks to the employer, of which I assume the corresponding responsibility.
    37th talents intermediary agencies engaged in special talent search service, should protect the client's trade secrets and confidentiality for talent job seekers with special needs the will.
    Special talent to find an external activity, can not open recruitment information.
    Article 38th special talent search service, service fee amounts and payment by talents intermediary service organization and client consultation.
    39th talents intermediary service institutions engaged in human resources intermediary services shall not be any of the following acts: (a) personnel intermediary services of providing false information.
    (Ii) unfair competition engaged in human resources intermediary services.
    (C) outside the scope of licensing business personnel intermediary services.
    (D) forging, altering, transferring personnel intermediary services license.
    (V) unauthorized or raising fees and charges increased fees.
    (F) recommend talents for recruiters without legitimate licenses.
    (G) unauthorized release or disclose the employer and talent-related data and information.
    (VIII) other acts in violation of laws, rules and regulations.
    Fourth chapter legal responsibility 40th article violation this approach provides, has following behavior one of of, by city, and district, and County (City) personnel administrative sector ordered corrected, and sentenced 10,000 yuan following fine; has illegal proceeds of, confiscated illegal proceeds, and sentenced illegal proceeds 1 time times above 3 times times following fine, but highest not over 30,000 Yuan: (a) without personnel administrative sector approved, unauthorized established talent intermediary service institutions (containing branch institutions) or engaged in talent intermediary service of.
    (B) talent agency services outside the scope of licensing business personnel intermediary services.
    (C) personnel intermediary services of providing false information, forging, altering, transferring personnel intermediary services permits for employers recommend talents without legitimate licenses.
    (D) not by provisions of personnel intermediary services permit modification and cancellation procedures.
    (E) unauthorized personnel agency business or of unauthorized organizing talent Exchange.
    The preceding paragraph (b), (d) and (e) the offence, the circumstances are serious, order rectification.
    41st talents intermediary service organization allowed to publish or disclose the employer and talent-related data and information, damage caused by violations of their legitimate rights and interests, shall bear the compensation liability constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    42nd talents intermediary service organization violates the relevant business, prices, filing and other administrative laws and regulations, by, prices, filing and other administrative departments for industry and commerce in accordance with the relevant provisions shall be punished; constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    43rd personnel administrative talents intermediary service institutions in the management of departmental staff, dereliction of duty, abuse of power, favoritism and violations of talents intermediary service organization of legitimate rights and interests, by Department or by the competent authorities, impose administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
                                                                                                    Fifth chapter supplementary articles article 44th these measures shall take effect on February 1, 2008.