Regulations of Chongqing Municipality on Employment Promotion Regulations of Chongqing Municipality on Employment Promotion

(adopted at the 16th meeting of the Standing Committee of the Third Chongqing Municipal People's Congress on March 26th, 20 10)

Chapter I General Provisions

Article 1 In order to promote employment, coordinate economic development and expand employment, and promote social harmony and stability, these Regulations are formulated in accordance with the Employment Promotion Law of People's Republic of China (PRC) and the actual situation of this Municipality.

Article 2 These Regulations shall apply to employment promotion and related service management activities within the administrative area of this Municipality.

Article 3 This Municipality places the expansion of employment in a prominent position in economic and social development, implements a proactive employment policy, adheres to the policy of workers choosing their own jobs, regulating employment by the market, and promoting employment by the government, promotes employment through entrepreneurship, and expands employment through multiple channels.

Article 4 Laborers shall enjoy equal employment and the right to choose their own jobs according to law.

Advocate workers to establish a correct concept of choosing a job, improve their own quality, and enhance their employability and entrepreneurial ability.

Article 5 The employing unit has the right to choose its own employees according to law.

The employing unit shall provide fair employment opportunities and protect the legitimate rights and interests of workers.

Article 6 The people's governments of cities, districts and counties (autonomous counties) shall incorporate the expansion of employment into their national economic and social development plans, and formulate medium-and long-term plans and annual work plans for promoting employment.

The people's governments of cities, districts and counties (autonomous counties) shall establish a unified coordination mechanism for overall planning of urban and rural employment, establish corresponding coordination mechanisms, clarify the work responsibilities of each member unit, implement the target responsibility assessment system for promoting employment, and coordinate and solve major problems in promoting employment within their respective administrative areas.

The people's governments of cities, counties (autonomous counties) and relevant departments shall commend and reward the units and individuals that have made remarkable achievements in promoting employment.

Article 7 The administrative departments of human resources and social security shall be specifically responsible for employment promotion within their respective administrative areas, and public employment service agencies shall engage in employment promotion services.

City, county (Autonomous County) development and reform, finance, education, agriculture, immigration, land and housing management, construction, industry and commerce, civil affairs, poverty alleviation, taxation and other departments shall, according to their respective responsibilities, do a good job in promoting employment.

Article 8 Trade unions, communist youth leagues, women's federations, disabled federations, industrial and commercial federations and other social organizations shall assist the people's governments in promoting employment.

Chapter II Policy Support

Article 9 Enterprises are encouraged to set up industries or expand their operations according to law to create jobs.

The people's governments of cities, districts and counties (autonomous counties) and their relevant departments shall give full play to the role of investment and major construction projects in promoting employment and increasing employment when arranging government investment and determining major construction projects.

When investors in production and operation projects that need government approval or approval apply for project establishment, the project application report shall include the contents of employment forecast after the completion of the project. After the project is approved, the project investor shall file the employment forecast with the administrative department of human resources and social security of the county (autonomous county) where the investment project is located.

Article 10 Small enterprises or partnership organizations that employ registered unemployed persons in cities and towns, demobilized veterans and rural labor force in this Municipality to reach the specified proportion, sign labor contracts with them for more than one year and pay social insurance premiums may apply for small secured loans from relevant financial institutions through public employment service institutions in counties (autonomous counties), and the finance will give them a discount.

If key enterprises for employment absorb a specified number of people for employment, sign labor contracts with a term of 1 year or more, pay social insurance premiums, obtain loans from financial institutions, and pay interest on schedule, they will be subsidized by the finance.

The key enterprises and specific objects mentioned in the preceding paragraph shall be determined by the Municipal People's Government.

Eleventh city, county (Autonomous County) people's government to implement a fiscal policy that is conducive to expanding employment, arrange special funds for employment in the fiscal budget at the same level, and promote employment. Special funds for employment are used in the following aspects:

(a) occupation introduction, occupation training, social insurance, job subsidies, occupation skill appraisal, minimum living security personnel employment subsidies and specific employment policy subsidies;

(two) directional employment training and employment internship subsidies for college graduates;

(3) Small loan guarantee funds and small secured loans, subsidies and recovery incentives for small secured loans, and interest subsidies for employment of key enterprises;

(four) support the human resources market and other public employment services;

(five) other employment promotion funds stipulated by the state and the Municipal People's government.

With the approval of the Municipal People's Government, the scope of use of special funds for employment may be appropriately adjusted.

Special funds for employment shall be earmarked for special purposes, and no unit or individual may intercept, occupy or misappropriate them. The auditing and financial departments shall supervise and inspect the use and management of special funds for employment according to law.

Article 12 The people's governments of cities, districts and counties (autonomous counties) shall make overall arrangements for special funds for civil affairs, immigration, land, poverty alleviation, the disabled and other related employment promotion, so as to promote the employment of minimum living security personnel, immigrants in the Three Gorges reservoir area, landless farmers and the disabled.

Thirteenth of the following units and personnel who meet the preferential tax policies or exempt from administrative fees, the relevant departments of the people's governments of cities, districts and counties (autonomous counties) shall give preferential tax or exempt from administrative fees:

(a) registered unemployed enterprises that meet the prescribed conditions;

(two) small and medium-sized enterprises founded by registered unemployed people, immigrants from the Three Gorges reservoir area and rural workers;

(3) Enterprises that place disabled persons or concentrate on using disabled persons according to the prescribed proportion;

(four) registered unemployed persons engaged in self-employment, disabled persons, demobilized veterans, college graduates who have not been employed for two years after graduation, immigrants from the Three Gorges reservoir area, and migrant workers;

(five) other employers and personnel given preferential tax by the state and the Municipal People's government.

Article 14 The people's governments of cities, districts and counties (autonomous counties) shall establish an early warning system for unemployment and a system for supporting enterprises to stabilize employment.

For industries and enterprises that directly affect employment due to major changes in the economic situation, as well as difficult areas with prominent unemployment problems, subsidies for stable jobs and subsidies for job-waiting training can be implemented.

Fifteenth actively promote the construction of small towns, accelerate the development of regional economy, implement the development strategy of paying equal attention to the transfer of agricultural surplus labor in situ and in different places, formulate and implement policies to support labor brands and labor brokers, and promote the development of cross-regional labor cooperation.

The people's governments of counties (autonomous counties) should take the transfer of surplus labor force in the region as an important content to promote the construction of small towns and accelerate the development of regional economy.

Sixteenth city, county (Autonomous County) people's government should improve the household registration of migrant workers, children's schooling, public health, housing rental, social security and other policies and measures to safeguard their legitimate rights and interests.

Article 17 The people's governments of cities, districts and counties (autonomous counties) and relevant departments shall establish and improve the service system for promoting the employment of college graduates, establish an internship system for college graduates, strengthen the construction of internship bases for college graduates, guide college graduates to find jobs in urban and rural grassroots, non-public enterprises and small and medium-sized enterprises, and encourage college graduates to start their own businesses.

Eighteenth support the economic development of the Three Gorges reservoir area, ethnic minority areas and resource-exhausted areas, encourage regional cooperation, and coordinate the balanced growth of employment in different regions.

The people's governments of counties (autonomous counties) in the Three Gorges reservoir area, ethnic minority areas and resource-exhausted areas should develop industries that meet the regional development strategy and market demand, create new jobs, and strive to expand employment.

Chapter III Supporting Entrepreneurship

Nineteenth city, county (Autonomous County) people's government should establish and improve the entrepreneurial service system, collect entrepreneurial projects for the society, establish entrepreneurial project resource database, and do a good job in promoting entrepreneurial projects.

Public employment service agencies should strengthen entrepreneurship guidance for workers with entrepreneurial aspirations and conditions, and provide services such as project development, entrepreneurship training, entrepreneurship consultation and tracking support.

Twentieth city, county (Autonomous County) people's government should actively promote entrepreneurship training, improve the entrepreneurial ability of workers. The recognized vocational training institutions shall provide training subsidies in accordance with the relevant provisions if they carry out entrepreneurship training for workers in this Municipality who are willing to start businesses.

Article 21 The people's governments of cities, districts and counties (autonomous counties) shall raise funds for venture capital guidance through multiple channels, set up business incubation bases and business parks, and provide business places for laborers to start businesses by means of low-cost lease or free of charge.

Article 22 registered unemployed persons, urban demobilized soldiers who have not arranged for work, and rural laborers who have started their own businesses can apply for small-sum secured loans from relevant financial institutions through public employment service institutions in counties (autonomous counties), and the financial sector will give them a discount.

Twenty-third actively cultivate relevant social organizations that are conducive to promoting entrepreneurship, and provide information, communication, training and other services for workers to start their own businesses.

Chapter IV Employment Service and Management

Article 24 The people's governments of cities, districts and counties (autonomous counties) shall cultivate and improve a unified and open human resources market with complete functions, reasonable layout and orderly competition, so as to provide services for the employment of employers and workers.

Twenty-fifth city, county (Autonomous County) people's government should strengthen the construction of human resources market information network and related facilities, and build an interconnected, safe, reliable, unified and standardized human resources market information service system.

The administrative department of human resources and social security shall improve the information release system of human resources market.

Twenty-sixth city, county (Autonomous County) people's government should establish and improve the public employment service system covering the streets (towns) and communities (villages) of the city, and set up corresponding public employment service institutions.

Public employment service agencies shall provide the following services for employers and workers free of charge:

(a) employment laws, regulations and policy advice;

(two) to collect and publish information on occupational supply and demand, market wage guidance price information, and publish job resumes after the consent of job seekers;

(three) occupation guidance, occupation introduction and entrepreneurship services;

(4) Vocational training services;

(5) Employment assistance services;

(6) Handling employment filing, unemployment registration and other affairs;

(7) Other public employment services.

The employment service agencies for the disabled under the Disabled Persons' Federation are part of the public employment service agencies and are responsible for providing relevant employment services for disabled workers.

Twenty-seventh city, county (Autonomous County) people's government will be included in the public employment service funds in the fiscal budget at the corresponding level.

Public employment service institutions shall not engage in business activities; Public employment service agencies can accept donations and subsidies according to law.

City, county (Autonomous County) people's government and relevant departments, public employment service agencies to hold job fairs, shall not charge fees to employers and workers.

Twenty-eighth human resources and social security administrative departments shall establish a performance appraisal system for public employment service institutions, and urge public employment service institutions to improve service quality and work efficiency.

Article 29 The administrative department of human resources and social security shall, jointly with the statistical department, establish a system of human resources investigation and statistics, carry out employment and unemployment investigation and statistics, and publish them according to law.

Thirtieth public employment service institutions shall set up special service places and publish the service flow of employment filing and unemployment registration.

Employment registration and unemployment registration procedures, registration certificate style and management measures shall be uniformly formulated by the municipal administrative department of human resources and social security.

Thirty-first employers shall, within 30 days from the date of employment, go to the local district/county (autonomous county) public employment service institutions for employment filing.

Within the legal working age, the permanent residents of the cities and towns who have the ability to work, have employment needs and are unemployed, and college graduates with household registration in this city can register unemployment at the public employment service institutions in the counties (autonomous counties) where the household registration is located. Migrant workers and people outside the city have permanent residence in our city and have been in stable employment for six months. After unemployment, you can register unemployment at the public employment service agency where your permanent residence is located.

Thirty-second registered unemployed people have the right to enjoy public employment services and employment support policies.

Registered unemployed persons who refuse employment training and employment opportunities provided by public employment service agencies for three times without justifiable reasons are regarded as having no desire to apply for jobs and no longer enjoy free public employment services.

Thirty-third operating human resources service institutions engaged in professional intermediary activities, should be honest and trustworthy, fair and open, and may not cheat workers of money in the name of professional intermediary activities.

Operating human resources service institutions to provide free employment services for workers to achieve employment, you can apply to the local county (autonomous county) human resources and social security administrative departments for job introduction subsidies.

Article 34 Laborers shall not be discriminated against because of their nationality, race, sex, age and religious beliefs, provided that they can meet the needs of production and have the same ability to work.

The 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.

Employers, advertising agents, advertising publishers, public employment service agencies and operating human resources service agencies shall not contain employment discrimination in their recruitment brochures or recruitment advertisements.

Chapter V Vocational Training

Article 35 The people's governments of cities, districts and counties (autonomous counties) shall formulate and implement a vocational skills training system and a vocational ability development plan for coordinating urban and rural employment, incorporate the pre-job training and job-transfer training of employers as important contents into the vocational skills training system and vocational ability development plan, and encourage and guide vocational colleges, vocational skills training institutions and employers to carry out vocational training and brand building of training posts; Encourage social organizations to set up vocational skills training institutions according to law; Encourage workers to participate in vocational training, improve vocational skills and promote employment.

Thirty-sixth the employer shall withdraw the staff education funds according to the regulations. Staff education funds should be earmarked for the education and training of all staff, and strengthen the education and training of high-skilled talents and front-line workers.

Thirty-seventh registered unemployed people and rural laborers can choose recognized vocational training institutions to participate in vocational training, and vocational training institutions should reduce or exempt training fees in accordance with regulations. Vocational training institutions can apply for vocational training subsidies to the local human resources and social security administrative departments of counties (autonomous counties) on the part of relief.

Disabled vocational training subsidies are paid from the disabled employment security fund.

Thirty-eighth city, county (Autonomous County) people's government should establish and improve the training, use and incentive mechanism of high-skilled talents, extensively carry out vocational skills competitions, and give necessary special funds to support the work of high-skilled talents; Give training subsidies to the vocational training of high-skilled talents in short supply.

Article 39 The people's governments of cities, districts and counties (autonomous counties) shall increase investment in the construction of public training bases, establish public training bases relying on colleges, technical colleges and large enterprises, and provide vocational skills training and vocational skills appraisal services for the society.

Institutions of higher learning and technical colleges should provide vocational skills training, vocational skills appraisal and employment services to the society.

Fortieth registered unemployed, migrant workers, rural workers and other personnel, for the first time through the professional skills appraisal of special types of work and obtain professional qualification certificates, professional appraisal institutions shall, in accordance with the provisions, reduce the fees for professional skills appraisal. Occupation appraisal institutions can apply for occupation skill appraisal subsidies to the administrative departments of human resources and social security of local counties (autonomous counties) on the part of relief.

Disabled occupation skill appraisal subsidies from the disabled employment security fund.

The vocational skill appraisal subsidy for immigrants in the Three Gorges reservoir area shall be paid from the training subsidy for immigrants.

Forty-first administrative departments of human resources and social security shall adopt open and fair methods such as bidding to determine vocational training institutions and implement training quality evaluation.

Vocational training institutions shall provide training services as required to ensure the quality of training.

Chapter VI Employment Assistance

Article 42 The people's governments of cities, districts and counties (autonomous counties) shall provide employment assistance to the following persons with employment difficulties:

(1) Registered unemployed persons in cities and towns who have reached the age of 50 for men and 40 for women;

(two) the registered unemployed of the minimum living guarantee family for urban residents;

(3) Family members with zero employment in cities and towns;

(4) Immigrants from the Three Gorges Reservoir Area;

(5) Disabled people in urban and rural areas;

(six) retired soldiers in cities and towns who have not arranged for work;

(seven) within the legal working age, have the ability to work and employment aspirations for one year without employment;

(eight) other personnel determined by the Municipal People's government.

Forty-third public employment service institutions should establish a registration system for people with employment difficulties, establish and improve the information database of people with employment difficulties, and form a dynamic management mechanism for people with employment difficulties.

Persons with employment difficulties can apply for employment assistance from public employment service agencies, and those confirmed by public employment service agencies will be included in the scope of employment assistance.

Forty-fourth public employment service institutions should collect information on public welfare posts and give priority to the placement of people with employment difficulties who meet the post requirements. Public welfare posts refer to:

(a) the management and maintenance of public facilities invested by the government;

(2) Posts required for social welfare activities organized by the government;

(3) Ground service posts of administrative organs and institutions;

(four) urban traffic order management posts and street (township), community environmental sanitation management posts;

(5) Other public welfare posts developed by the government.

Public employment service institutions shall set up community public welfare labor organizations, develop community public welfare posts, and give priority to hiring people with employment difficulties who meet the post requirements.

Article 45 If an employer or community public welfare labor organization recruits people with employment difficulties, signs a labor contract or labor service agreement with them for more than one year, and pays social insurance premiums, it may apply to the local human resources and social security administrative department of the county (autonomous county) for post subsidies.

Article 46 If an employer or community public welfare labor organization recruits people with employment difficulties, signs a labor contract or labor agreement with them for more than one year, and pays social insurance premiums, it may apply to the local human resources and social security administrative department of the county (autonomous county) for subsidies for basic old-age pension, basic medical care and unemployment insurance premiums; Individual contributions are still borne by individuals.

Forty-seventh city, county (Autonomous County) people's government should establish a linkage mechanism between employment and subsistence allowances to encourage and promote the employment of urban residents' minimum living security personnel.

Registered unemployed persons who have received the minimum living allowance for urban residents for more than six months may apply for employment subsidies to the administrative departments of human resources and social security of counties (autonomous counties).

Forty-eighth judicial administrative departments and relevant industry associations should do a good job in providing legal services for people with employment difficulties. To apply for social insurance compensation such as labor remuneration and work-related injury compensation, provide legal aid in time.

Chapter VII Legal Liability

Forty-ninth administrative organs, public employment service agencies and their staff in any of the following circumstances, the competent department shall order them to make corrections within a time limit; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law, and if the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) do not perform the duties of promoting employment, do not implement the policies and measures to promote employment support;

(two) there is fraud in promoting employment;

(three) interception, misappropriation, misappropriation or false, impersonator special funds to promote employment;

(four) unable to determine the basis of fees or fees are not in accordance with the provisions of the use of bills uniformly printed by the municipal finance department, privately dividing or disguising the income from fees;

(five) because of dereliction of duty, defrauding special funds for employment;

(six) other acts of abuse of power, favoritism, dereliction of duty, delaying work.

Article 50 Where an employer, a business human resources service institution, a training institution and a laborer defraud special employment funds, the administrative department of human resources and social security shall order them to return the defrauded special employment funds and impose a fine of not less than 1 times but not more than 3 times; Illegal income, confiscate the illegal income; If the circumstances are serious, the human resources service license shall be revoked, and the government subsidy training qualification shall be cancelled; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 51 Where an employing unit violates the provisions of the second paragraph of Article 34 of these regulations, the administrative department of human resources and social security shall order it to recruit within a time limit and may impose a fine of less than 1,000 yuan.

Employers, advertising agents, advertisement publishers, public employment service agencies and operating human resources service agencies publish brochures containing employment discrimination, and the administrative department of human resources and social security shall order them to make corrections within a time limit and impose a fine of not less than 5,000 yuan but not more than 10,000 yuan.

Employers, advertising agents, advertising publishers, public employment service agencies and operating human resources service agencies publish job advertisements containing employment discrimination, and the administrative department for industry and commerce shall investigate and deal with them according to law.

Fifty-second employers in violation of the provisions of the first paragraph of article thirty-first, by the administrative department of human resources and social security shall be ordered to handle the employment record within a time limit. If no correction is made within the time limit, a fine ranging from 1000 yuan to 5,000 yuan may be imposed.

Article 53 Where an operating human resources service institution defrauds workers of property in the name of professional intermediary activities, the administrative department of human resources and social security shall revoke the license for human resources service, confiscate the illegal income and impose a fine of more than 3 times and less than 5 times the illegal income. If damage is caused to the party concerned, it shall be liable for compensation. If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

Article 54 The administrative department of human resources and social security shall, jointly with the relevant departments, sort out the relevant provisions on promoting employment and announce them to the public according to law.

The specific standards and quotas of interest subsidies and various subsidies for small secured loans as stipulated in these Regulations shall be published annually by the administrative department of human resources and social security in conjunction with the relevant departments such as finance.

Article 55 These Regulations shall come into force on May 1 day, 2065.

Attachment:

1. Explanation of Chongqing Municipal People's Government on Chongqing Employment Promotion Regulations (Draft)

2. Report of the Internal Affairs Judicial Committee of Chongqing Municipal People's Congress on the deliberation opinions of Chongqing Employment Promotion Regulations (Draft)

3. Report of the Legal Committee of Chongqing Municipal People's Congress on the review results of Chongqing Employment Promotion Regulations (Draft).