Qiqihar Labour Market Management Approach

Original Language Title: 齐齐哈尔市劳动力市场管理办法

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(August 16, 2002, Qiqihar city, the 77th meeting of the people's Government considered by October 21, 2002, Qiqihar city, the people's Government of the 7th release) Chapter I General provisions article I to protect the legitimate rights and interests of workers and employers, develop and regulate the labour market, employment promotion, in accordance with the People's Republic of China labor law and the Heilongjiang provincial labour market regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.     Second workers within the administrative area of the city job seekers with employment, employer recruitment and employment agency engaged in employment activities, these measures shall apply.     Article management should follow the principle of resource allocation in the labour market, stick to overall planning, specification management, is conducive to fair competition and the principle of promoting the orderly flow of labor.     Article people's Governments at all levels should cultivate and develop the labor market into local economic and social development planning, adhere to a proactive employment policy, and encourage and guide workers in various forms and through employment, ensure the rational development and effective allocation of labor resources, promote economic development and maintain social stability.     The fifth above the county level labor and social security administrative departments are responsible for the management and organization of the labour market in the administrative areas implementation of these procedures.     Above the county level labor and social security administrative departments may appoint a labor employment service agencies handling matters relating to the labour market in the administrative area, organize and guide the various employment services for workers and employers to provide employment services.     All levels of financial, pricing, industry and commerce, taxation, civil affairs, public security departments should, according to their respective functions, such as good management of the labour market.     Sixth levels of labour and social security administrative departments shall establish a labor and social security inspection system, perform on the various types of employment agencies and employers of labour and social security laws and regulations and the relevant provisions of conducting supervision and inspection.     The seventh article of any organizations and individuals for acts in violation of these measures has the right to complaints and reports.     Eighth chapter job and employment who have reached 16 years of age, able to work, employment requirements and to comply with other legal requirements, and through employment agencies or contact the employer directly, such as employment. Workers prior to employment, shall receive the necessary vocational education or vocational training.     Implementation of labour preparation system, common junior and senior middle school graduates employed in the town seeking employment for the first time, should participate in the preparatory training for the labor.     Nineth laborers engaged in occupational employment access established by the State, are required to have occupational skill testing authority of professional qualification certificate.     Tenth in the legal working age, has the ability to work and employment requirements of urban unemployed people, should be to the Hukou County (municipality), district employment service registered unemployment, for the job card.     When registering, no employment personnel, required to hold identity and prove that the original identity of relevant certificates; unemployed with employment experience, it also requires the original unit certificate of proof of termination or termination of labor relations.     11th workers to enter various types of employment agencies for employment, should have an ID card, certificate of the job certificate and of supporting materials required by the employer.     When workers seeking employment, is entitled to require the employer and employment agencies provide truthful information related to their careers.     12th TRANS workers job seekers to employment should be according to the relevant provisions of the relevant procedures at the national and provincial.     Chapter recruits persons 13th an employer recruits staff, should be geared to social, recruiting, fair competition and on merit, not on grounds of sex, ethnicity, race as a reason to refuse to employ or to improve the employment standards.     14th the employer through independent recruiting employees in the following ways: (a) the principal employment agencies, (ii) organized labor to negotiate the exchange of activities; (c) through the mass media publish information; (d) the use of the Internet for online recruitment, (v) other legal means.     15th the employer shall give priority to recruiting laid off and unemployed workers, to help them achieve again.     16th article employing units enrollment with personnel Shi, shall not has following behavior: (a) provides false recruitment information; (ii) enrollment with no legal documents of personnel; (three) to job who charged recruitment costs; (four) to was enrollment with personnel charged margin or deposit; (five) seized was enrollment with personnel of ID, documents; (six) to enrollment with personnel for name seek not due interests or for other illegal activities.     17th an employer delegate agencies recruit staff, shall produce evidence of the entity, business license (copy) or any other legal entity registration documents, brochures and the person in charge of recruiting personnel identity documents.     Recruit personnel film should include the employer, number of recruiting, professional jobs, job requirements, competitive conditions, social security, labour remuneration, fringe benefits, labor protection, and so on.     Article 18th an employer who employs national skilled personnel required to be certified, should implement the provisions of skilled practitioners. 19th the employer through newspapers, radio, television and other media published information, should be submitted to the local administrative Department of labour and social security, agreed with the published evidence.     Has not submitted proof of the foregoing, shall not be published in the media.     20th the employer shall determine within 3 working days from the date of hire, and recruited personnel shall sign a written labor contracts and participate in social security.     21st article labor contract term discontent 6 months of, shall not agreed probation; labor contract term full 6 months discontent 1 years of, probation shall not over 1 months; labor contract term full 1 years discontent 2 years of, probation shall not over 2 months; labor contract term full 2 years discontent 3 years of, probation shall not over 3 months; labor contract term full 3 years of, probation shall not over 6 months. Trial period included within the term of the labor contract. Employee during the probationary period is not proved to be in line with conditions of hire, employers may not terminate the employment contract.     The employer for the same recruits persons can only be tried once.     The employer shall pay the remuneration to the probationary worker, the amount shall not be less than the local minimum wage. The 22nd when an employer recruits staff, shall from the date of hire in the 30th, the local labor and social security administrative departments for filing procedures and employment registration.     Administrative Department of labour and social security should be made within 3 working days.     The employer and the employee after termination or termination of labor relations should be on the 7th to the local administrative Department of labour and social security, the filing formalities.     The 23rd time a labour and social security administrative departments shall carry out gang investigations, understand the employer posts information; the employer survey and take the initiative to report gang. Employment agencies in the fourth chapter the 24th career offices are divided into public employment agencies and for-profit employment agencies.     Which public agencies refers to local labor and the social security administration's public employment service agencies, using a unified national identity; for-profit employment agencies is defined by legal persons, other organizations and individual citizens in organizing, service institutions engaged in profit-making activities of employment agencies.     25th article opened career introduced institutions should has following conditions: (a) has clear of business range, and institutions articles and management system; (ii) has carried out career intermediary business by essential of fixed places, and office facilities and 50,000 yuan above of opened funds; (three) has 3 name above made corresponding career qualification certificate of full-time staff; (four) legal, and regulations provides of other conditions. 26th career offices through a permit system.     Operate employment agencies shall be subject to provincial labour and social security administrative departments and the employment agency license.     Administrative Department of labour and social security is responsible for the local employment agencies provide professional guidance, training of personnel and the annual audit.     27th article various career introduced institutions opened approval program: (a) public career introduced institutions, for city level labor and social security administrative sector opened of, should by city level labor and social security administrative sector proposed application, reported province labor and social security administrative sector approved; for County labor and social security administrative sector opened of, should by County labor and social security administrative sector proposed application, by city labor and social security administrative sector audit, reported province labor and social security administrative sector approved. (Ii) profit sex career introduced institutions, for group organizational opened of, by sibling labor and social security administrative sector agreed, reported city labor and social security administrative sector audit, by province labor and social security administrative sector approved; for enterprises and the other organization opened of, by the opened units proposed application, by where County (City), and district labor and social security administrative sector agreed, reported city labor and social security administrative sector audit, by province labor and social security administrative sector approved; for citizens personal opened of, Run by the people who apply, by County (City), the regional Labor and social security administration departments, municipal labor and social security administrative departments for review, approval of the provincial labor and social security administration.     City, County (City), the labour and social security administrative departments should be processed within 7 business days, respectively, reported to higher authorities. Employment agencies and labor and Social Security Administration approval documents, to the appropriate registration authority for registration.     Belonging to the institution, to the management authority for the registration of institutions or establishments for the record belonging to private non-enterprise units, should go to the civil affairs departments for registration of private non-enterprise units; run for-profit employment agencies should also be approved by the Administrative Department of labour and social security files, to the registration of enterprises in the administrative authorities for industry and commerce.     28th article of public employment agencies paid service and charges in accordance with the relevant provisions of national and provincial executive.     For-profit employment agencies charging criterion-referenced national and provincial autonomous determination of the relevant provisions.     29th article career introduced institutions can engaged in following business: (a) on has employment conditions of job personnel for job registration and on employing units for labor registration; (ii) for employing units provides labor resources information and advisory service, recommended qualified of job who; (three) for job personnel provides labor information and for its provides job Advisory and employment Guide; (four) guide job personnel and employing units signed labor contract and to labor and social security administrative sector handle about procedures;     (E) upon the approval of the labor and social security administration, organization of professional recruitment to discuss activities, (vi) other services approved by the Administrative Department of labour and social security programs.     Public employment agency engaged in outside business prescribed in the preceding paragraph, also commissioned by the Administrative Department of labour and social security, acting in accordance with the relevant regulations of the State in labor and social security business. 30th article ban career introduced institutions has following behavior: (a) beyond approved of business range business; (ii) provides false information; (three) Super standard charges; (four) introduced job who engaged in legal, and regulations, and regulations ban engaged in of career and activities; (five) for not meet this approach provides conditions and the no legal card as of employing units or no legal identity documents of job who for career introduced service activities; (six) to violence, and stress, and fraud, way for career introduced activities; (seven) lent, and transfer, and variable made     , Forged approval document; (VIII) in the name of employment seeking improper interests or engage in other illegal activities.     31st employment agencies shall prominently in intermediary services places express a legitimate license, licensing of employment agencies, service projects, standards, supervisory authority name and phone and accept labour and social security administrative departments and other relevant departments of supervision and inspection.     Using Internet to develop employment activities, should be its home page matters expressly prescribed in the preceding paragraph.     32nd employment agencies should be required to approve bodies fill the relevant statistics.     33rd career agency changes its name or address, or to discontinue, 30th, apply to the approval authority in advance, going through corresponding formalities and to register with the relevant departments for change or cancellation procedures.     34th established foreign-funded employment agencies and the activities of employment agencies engaged in overseas employment agency services shall apply for approval in accordance with the relevant provisions. Fifth chapter public employment service 35th article levels labor and social security administrative sector opened of public career introduced institutions should free provides following service: (a) to job who and employing units provides labor and social security policy regulations Advisory; (ii) to laid off and unemployment workers and the special service object provides employment Guide and career introduced; (three) in intermediary service places public released local post vacancies, and career supply and demand analysis, and labor market wage guide price and career training, information; (four) handle unemployment, and     Registration for employment, hire and termination, termination of labor contract and other transaction; (v) for laid off workers and the unemployed workers and special services provides professional skills training, (vi) labour and social security administrative departments to specify other relevant services.     36th article Xiang, and town, and street labor employment service institutions, implemented labor employment affairs management and career introduced offices Office form, its work functions is: (a) this regional within of labor resources development and management; (ii) carried out career skills training; (three) carried out career introduced activities; (four) Organization rural labor transfer; (five) County above labor and social security administrative sector gives of other functions.     37th on the treatment of persons with disabilities, and enjoy the local minimum living standard security persons, and demobilized military personnel and dependents and other special services for job-seekers should be given priority and urged employers to comply with the laws, rules and regulations, ensure employment rights for specific groups of job seekers.     Article 38th of labour and social security administrative departments at or above the county level should depend on conditions, relying on public employment services, comprehensive services, centralised services for employers and workers.     Comprehensive services include: employment registration, management of employment, unemployment, social security, vocational training, labor services, authentication, such as labour contracts.     Public employment agencies should carry out computer management and services, establishment of the employer and job seeker resource information and employment services, unemployment insurance, job training information such as computer networking.     39th cost of public employment agencies provide free services, labor market information network construction, operation and maintenance costs and subsidy costs free training for unemployed persons (without unemployment insurance benefits), from the towns of financial arrangements at all levels in accordance with the relevant provisions in employment subsidies paid.     Unemployed workers receive unemployment insurance benefits during vocational training, employment subsidies and expenditures from the unemployment insurance benefits in accordance with the relevant provisions.     Labor and social security administration departments at all levels shall, in accordance with the Ministry of finance budget requirements, preparation of the level town employment subsidy budget, financial departments at the same level for approval before implementation.     Governments at all levels should adhere to unified planning, rational distribution, principles of management, cultivation and development of various forms of professional services markets.     Chapter Sixth penalty 40th article violates these rules, without approval, establishment of employment agencies or of unauthorized employment agency activities, the labour and social security administrative departments shall be banned and a fine of 10000 to 30000 Yuan fines; has illegally obtained, confiscation of illicit proceeds.     41st employer with one of the acts listed in article 16th by the labor and social security administration ordered corrective action and a fine of 3000 to 5000 Yuan fine.     42nd the employer in violation of the rules, not within the time stipulated and recruited personnel shall sign a written labor contracts, rectification by the labour and social security administrative departments. 43rd article violation this approach provides, has following behavior one of of, by labor and social security administrative sector give punishment: (a) lent, and transfer, and variable made, and forged career introduced license of, recovered career introduced license, confiscated illegal proceeds and sentenced 10000 Yuan to 20000 Yuan fine; (ii) introduced not full 16 age of minor people employment or introduced minor people engaged in taboo labor of, ordered corrected and according to each enrollment with 1 people 2000 Yuan of standard be fine,     On directly responsibility personnel by its units or superior competent sector give administrative sanctions; (three) introduced or enrollment with job personnel engaged in legal, and regulations, and regulations ban engaged in of career or activities of, ordered its terminated introduced or enrollment with activities and sentenced 5000 Yuan to 10000 Yuan fine, while by original approved organ recovered career introduced license; (four) to fraud way for career introduced activities of, recovered career introduced license, ordered corrected and sentenced 3000 Yuan to 5000 Yuan fine;     (V) engaged in employment activities without authorization, closure and by every standard of 1 in 1000 to 5000 Yuan fine, and confiscation of illegal gains.     The 44th article violates these rules, an employer who employs workers without going through the formalities, the Administrative Department of labour and social security ordered a replacement procedures; fails to go through the formalities, according to each recruit 1 500 standard to be fined. 45th article by this approach provides should by labor and social security administrative sector for of punishment, was punishment who location in County (City) administrative within of, by County (City) labor and social security administrative sector be punishment; was punishment who location in urban (Lonza, and tie feng, and JHF, and Lianzishan, and fulaerji, and melies, and angangxi, seven District) and for municipal above (containing municipal) organ, and groups, and enterprises and the outside standing local employing units of, by city labor and social security administrative sector be punishment,     Others were punished by the seat of the regional Labor and social security administrative departments will be punished.     46th article violates this article 19th and 30th of (a) the provision, by the industrial and commercial sector in accordance with the relevant regulations will be punished.     Violate the provisions of paragraph one of this article 28th, by pricing departments will be punished according to law.     47th sanctions should implement the People's Republic of China on administrative punishment law provides that fines should use unified bills across the province and the municipality on provisions for separating penalty paid executive.     48th party refuses to accept the decision on administrative penalty, may, in accordance with the People's Republic of China administration reconsideration law or the People's Republic of China administrative litigation law application for administrative reconsideration or bring an administrative suit.     49th article labor and social security administrative sector or about sector and staff in labor market management work in the, has following behavior one of of, on its competent personnel and directly responsibility personnel law give administrative sanctions: (a) violation provides issued employment card, and card of; (ii) no due reason on should license, and approved of matters not license, and approved or late not do replies also not description reason of; (three) on violation this Ordinance of behavior not investigation or not timely investigation of;     (Four) cannot set according to or over statutory type, and range implementation administrative punishment of; (five) violation statutory program provides implementation administrative punishment of; (six) on confiscated paragraph, and confiscated items illegal be processing of; (seven) using positions of convenience, obtained or received others of property, plot minor of; (eight) other in accordance with legal, and regulations and regulations provides, should bear administrative law enforcement fault responsibility of behavior.     50th article violates these rules, for damage caused to the person involved, shall bear the liability under the People's Republic of China public security administration punishment regulations, will be punished by public security organs constitutes a crime, criminal responsibility shall be investigated according to law.     The seventh chapter supplementary articles article 51st this approach by the municipal people's Government is responsible for the interpretation. 52nd these measures shall come into force on November 21, 2002. , Qiqihar, Qiqihar city people's Government promulgated on November 7, 1988, the abolition of interim measures for the administration of the labour market at the same time.

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