Regulations of Shantou Special Economic Zone on the Administration of Migrant Workers

Article 1 In order to strengthen the management of migrant workers, protect the legitimate rights and interests of migrant workers and employers, rationally allocate labor resources, promote economic development, and maintain social stability, these Regulations are formulated in accordance with the Labor Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of Shantou Special Economic Zone (hereinafter referred to as the Special Zone). Article 2 The migrant workers mentioned in these Regulations (hereinafter referred to as migrant workers) refer to those who have no fixed residence in the Special Zone and are employed by the employing units.

The employing units mentioned in these Regulations refer to enterprises, institutions, state organs, social organizations and individual economic organizations that employ workers in the Special Zone.

The term "employment agency" as mentioned in these Regulations refers to the employment agency established by the labor administrative department and approved by the municipal labor administrative department, and also has the employment agency license and the qualification certificate of the employees of the employment agency. Article 3 The labor administrative department shall be responsible for the management of laborers in the Special Zone, the organization, implementation, inspection and supervision of these Regulations.

Public security, family planning, social insurance and other departments and units shall, in accordance with their respective responsibilities, strengthen the management of workers and cooperate with the labor administrative department to organize the implementation of these regulations. Article 4 The Special Zone shall control the total number of workers recruited by the employing units. The industries and types of workers used in the special zone, or those that restrict or prohibit the use of workers, shall be determined by the municipal labor administrative department according to the labor demand in the special zone, and shall be promulgated and implemented regularly.

In industries and types of jobs that restrict the employment of workers, if the employing unit is approved to recruit workers, it must also resettle the labor force in the special zone, and the resettlement ratio shall not be less than 20% of the total number of workers. Offenders shall have their employment certificates revoked by the labor administrative department.

If it is forbidden to recruit workers, the employer shall not recruit them. Offenders shall be ordered to retire within a time limit by the labor administrative department, and the employing unit shall be fined 200 yuan per person per month according to the number of recruits. Article 5 Where an employing unit needs to recruit workers, it must submit a written application to the labor administrative department in accordance with the following provisions:

(a) the central ministries, provincial, military and foreign units stationed in the SAR, apply to the municipal labor administrative department;

(two) municipal units, economic and Technological Development Zone and bonded area units, apply to the municipal labor administrative department;

(three) the district belongs to the unit, and apply to the district labor administrative department.

The labor administrative department must give a reply within ten days from the date of receiving the application, and make a decision of approval or disapproval. Approved, issued a "employment permit", and according to the relevant provisions of the province to collect the deployment fee. If no reply is made within the time limit, it shall be deemed as consent, and the formalities shall be completed. Article 6 After obtaining the employment certificate, the employing unit must recruit workers through the employment agency specified in the third paragraph of Article 2. No workers may be employed without permission. Other professional intermediary organizations shall not introduce workers.

Where workers are hired without permission, the labor administrative department shall order them to retire within a time limit, and impose a fine of 100 yuan to 300 yuan on the employer according to the number of employees per person per month.

Unauthorized introduction of workers, the labor administrative department shall order it to make corrections, and impose a fine of 200 yuan on the professional intermediary institutions according to the number of introductions per person. Article 7 When introducing workers to an employer, an employment agency must obtain a written authorization from the employer and check the employment certificate issued by the labor administrative department to the employer. Without a written entrustment and employment permit, laborers may not be sent to them.

In violation of the provisions of the preceding paragraph, the municipal labor administrative department shall impose a fine on 200 yuan for each delivery; If the circumstances are serious, the employment permit shall be revoked at the same time. Article 8 The charging standards of employment agencies must be made public. Employment agencies resort to deceit or overcharging in employment activities, the municipal labor administrative department shall order them to return the illegal income, and impose a fine equivalent to five to ten times the illegal income, depending on the seriousness of the case; Unable to calculate the illegal income, the municipal labor administrative department shall impose a fine of not less than five thousand yuan but not more than ten thousand yuan. If economic losses are caused to laborers, they shall be liable for compensation according to law. If a crime is constituted, criminal responsibility shall be investigated according to law. Article 9 The Special Zone shall implement the employment permit system for laborers. Employment permit is a legal document for workers to work in the special zone.

After successful employment introduction by employment agencies, workers must submit the following certification materials to the labor administrative department and apply for an employment permit:

(1) Resident identity card;

(2) The employment registration card issued by the labor administrative department where the household registration is located;

(three) the family planning inspection certificate issued by the competent department of family planning in the temporary residence of women of childbearing age.

The labor administrative department must issue an employment permit within ten days from the date of receiving the application.

Without obtaining an employment permit, the employer may not recruit. Offenders shall be ordered by the labor administrative department to be retired within a time limit, and a fine of 100 yuan per person per month shall be imposed according to the number of recruits. Article 10 The Employment Certificate shall specify employment, training, job introduction, labor contract, etc.

"Employment Permit" is uniformly printed by the municipal labor administrative department, and the labor administrative department issues it at different levels.

The employment permit is carried by the employee himself for inspection. Article 11 The employing unit must organize laborers to receive pre-job training and obtain written approval from the labor administrative department.

Laborers engaged in technical jobs must undergo special training and obtain corresponding qualification certificates before taking up their posts. Without obtaining the corresponding qualification certificate, the employer shall not use it. Offenders shall be given a warning by the labor administrative department and ordered to make corrections; If it is not changed within the time limit, it will be fined one hundred yuan per user.

Laborers are engaged in special operations such as electricians, welders, riggers, boiler firemen, pressure vessel operators, factory and mine vehicle drivers, building installation and demolition workers, elevator workers, elevator operators, mechanical piling workers, liquefied gas carrier drivers, liquefied gas carriers and railway tanker escorts, and other special operations that are identified by the labor administrative department as having great harm to the safety of the operators themselves or others and the surrounding facilities. Without obtaining the "special operations personnel operation certificate", the employer shall not use it. Offenders shall be informed criticism by the labor administrative department and ordered to make corrections within a time limit; If it fails to do so within the time limit, the employer shall be fined 500 yuan per person according to the number of users.