Provisions on Employment Services and Employment Management

Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Employment Promotion Law and other laws and administrative regulations in order to strengthen employment services and employment management, cultivate and improve a unified, open and competitive human resources market, and provide services for the employment of workers and the recruitment of personnel by employers. Article 2 These Provisions shall apply to workers' job hunting and employment, employment service activities of employers, public employment service institutions organized by the administrative department of labor and social security, and professional intermediary institutions approved by the administrative department of labor and social security.

The employing units mentioned in these Provisions refer to enterprises, individual economic organizations, private non-enterprise units and other organizations in People's Republic of China (PRC), as well as state organs, institutions and social organizations that employ workers who have established labor relations with them. Article 3 The administrative departments of labor security at or above the county level shall carry out employment services and employment management within their respective administrative areas according to law. Chapter II Job Search and Employment Article 4 Laborers shall enjoy equal employment rights according to law. Workers are not discriminated against because of nationality, race, sex and religious belief. Article 5 Rural laborers who enter cities for employment shall enjoy equal employment rights with urban laborers, and shall not set discriminatory restrictions on rural laborers' employment in cities. Article 6 Laborers have the right to choose their occupations according to law. Workers who have reached the age of 16, have the ability to work and have the desire to find a job can apply for a job through public employment service agencies, employment agencies or directly contact the employer with their identity documents. Article 7 When applying for a job, laborers shall truthfully provide basic personal information, knowledge and skills, work experience, employment status, etc. Put forward the requirements directly related to the job position to the public employment service agency or employment intermediary agency and the employer, and produce relevant certificates. Article 8 Laborers should establish a correct concept of choosing jobs and improve their employability and entrepreneurial ability.

The state encourages workers to receive necessary vocational education or vocational training before employment, and encourages urban junior and senior high school graduates to participate in labor preparation training before employment.

The state encourages laborers to start their own businesses and choose their own jobs. Labor and social security administrative departments at all levels shall, jointly with relevant departments, simplify procedures, improve efficiency, and provide convenience and corresponding services for workers to start their own businesses and choose their own jobs. Chapter III Recruiters Article 9 An employing unit shall have the right to choose its own job according to law. When employing personnel, the employing unit shall provide equal employment opportunities and fair employment conditions to the workers. Article 10 An employing unit may independently recruit personnel through the following channels:

(1) Entrusted by public employment service agencies or employment agencies;

(2) Attending job fairs;

(three) commissioned by newspapers, radio, television, Internet sites and other mass media to publish recruitment information;

(four) the use of its own places, corporate websites and other ways to publish recruitment information;

(5) Other legal channels. Article 11 When an employer entrusts a public employment service agency or a professional intermediary agency to recruit personnel, or participates in a job fair, it shall provide the recruiter's brochure, and present the business license (copy) or the documents approved by the relevant departments for its establishment, the identity certificate of the agent and the entrustment certificate of the employer.

The recruitment brochure shall include the basic information of the employing unit, the number of recruits, job content, recruitment conditions, labor remuneration, welfare benefits, social insurance and other contents stipulated by laws and regulations. Article 12 When employing personnel, the employing unit shall truthfully inform the workers of their work contents, working conditions, workplace, occupational hazards, safety in production, labor remuneration and other information required by the workers.

The employing unit shall, according to the requirements of the workers, give them timely feedback on whether to hire or not. Article 13 The employing unit shall keep confidential the personal data of workers. The disclosure of workers' personal data and information and the use of workers' technical and intellectual achievements shall obtain the written consent of the workers themselves. Article 14 An employing unit shall not commit any of the following acts:

(1) Providing false recruitment information and publishing false recruitment advertisements;

(2) Seizing the resident identity cards and other certificates of employees;

(three) to collect property from workers in the name of guarantee or other names;

(four) to recruit minors under the age of 16 and other personnel who are not allowed to recruit according to the laws and administrative regulations of the state;

(five) to recruit people without legal identity documents;

(six) to seek illegitimate interests or engage in other illegal activities in the name of recruiters. Article 15 An employing unit shall not employ personnel by any improper means such as defaming the reputation of other employing units or commercial bribery. Article 16 When employing personnel, the employing unit shall not refuse to employ women or raise the employment standards for women on the grounds of gender, except for jobs or posts that are not suitable for women as stipulated by the state.

When employing female employees, the employer shall not stipulate in the labor contract the contents of restricting the marriage and childbearing of female employees. Article 17 When employing personnel, the employing unit shall give appropriate care to minority workers according to law. Article 18 The employing unit shall not discriminate against the disabled. Article 19 An employing unit shall not refuse to employ a person on the grounds that he is a carrier of infectious diseases. However, the pathogen carriers of infectious diseases who have been medically identified shall not engage in the work that is easy to spread infectious diseases, which is prohibited by laws, administrative regulations and the provisions of the health administrative department of the State Council.

The employing unit shall not forcibly take the serological indicators of hepatitis B virus as the physical examination standard, except for the work prohibited by national laws, administrative regulations and the provisions of the health administrative department of the State Council.