Interim Provisions of Zhuhai Municipality on the Administration of Temporary Workers

Chapter I General Provisions Article 1 In order to adapt to the economic development of our city and protect the legitimate rights and interests of temporary workers and employers, these provisions are formulated in accordance with the Constitution of People's Republic of China (PRC), the Interim Provisions on the Administration of Temporary Workers in Enterprises Owned by the Whole People and the Labor Regulations of Guangdong Special Economic Zone. Article 2 These Provisions shall apply to all employers and their temporary workers in the whole city (including Doumen County).

Employers include state organs, people's organizations, institutions, enterprises owned by the whole people and collectively, foreign-invested enterprises, inline enterprises (including wholly-owned enterprises opened outside the city), joint-stock enterprises, private enterprises, individual industrial and commercial households, foreign construction and transportation teams and other enterprises in Zhuhai.

Temporary workers refer to temporary and seasonal employment with a labor contract term of no more than one year. Article 3 When employing temporary workers, the employing unit shall implement the labor contract system.

The employing unit shall sign labor contracts with temporary workers, do a good job in labor protection, improve the living environment, participate in social insurance according to policies and provide due welfare benefits. Temporary workers should effectively complete the tasks stipulated in the labor contract during their work in the unit. Chapter II Recruitment and Dismissal of Temporary Workers Article 4 When employing temporary workers, an employer shall adhere to the principle of "giving priority to cities, rural areas, cities and provinces" and go through the recruitment procedures with the labor department.

Employers recruit temporary workers in urban and rural areas of this city, urban unemployed persons register with unemployment certificates or certificates of unemployed persons, and agricultural and fishing village personnel register with certificates issued by labor management offices (stations) where their household registration is located.

Recruiting temporary workers in other cities and counties in this province shall be subject to the consent of the labor service company under its jurisdiction, and the employing unit shall contact the labor department at the designated recruitment place with the "Zhuhai Recruitment Labor Certificate" issued by the labor service company.

When employing temporary workers from other provinces, the employer shall first submit a written application to the labor management office (station) under its jurisdiction and fill out the Approval Form for Employing Workers Outside Guangdong Province in quintuplicate; After being submitted to the competent department with opinions, it shall be submitted to the municipal and county labor bureaus (subordinate units shall be submitted to the district labor bureaus, and departments shall be submitted to the municipal labor bureaus with opinions) for review, and it shall be submitted to the provincial labor bureaus for examination and approval before recruitment from other provinces. Article 5 When employing temporary workers, the employing unit must, within five days, go to the labor management office (station) under its jurisdiction to receive the temporary workers' labor contract and sign the labor contract with the workers, and handle the Labor Manual of Guangdong Province. The public security department shall apply for a temporary residence permit with the labor manual or the "Registration Form for Temporary Workers" stamped by the labor department and the border pass. Article 6 Without the approval of the labor department, the employing unit shall not employ non-local registered personnel without a Labor Manual or a Letter of Introduction for Temporary Workers. Article 7 The employing unit shall, after being audited by the labor management office (station) under its jurisdiction and adding opinions, go through the advertisement posting procedures in the industrial and commercial department. Publishing or broadcasting job advertisements in newspapers, radio stations and television stations must be approved by the labor service companies under their jurisdiction. Article 8 The employing unit can only charge the recruitment registration fee after being audited by the labor service company under its jurisdiction or the labor management office (station) under its jurisdiction. A registration fee of less than three yuan per person can be charged for the implementation of recruitment examination or operation assessment. Article 9 The employing unit shall not collect temporary workers' deposit, detain temporary workers' identity cards, temporary residence permits and wages payable for any reason, and shall not require temporary workers to invest in this enterprise for free in any form. Article 10 In the month when an employer recruits temporary workers, it must sign a labor contract with the temporary workers in accordance with the principle of "equality, voluntariness and unanimity through consultation" (the labor contract is uniformly printed by the Municipal Labor Bureau), which has legal effect after verification by the labor arbitration institution. During the performance of the contract, if it is necessary to change the contents of the contract, it must be agreed by both parties and verified by the labor arbitration institution.

Without the audit of the labor arbitration institution, the labor contract changed by one party or both parties is invalid. Article 11 The term of a temporary worker's labor contract shall not exceed years. Those who continue to be employed after the expiration of the term must obtain the consent of the labor department and go through the formalities for renewal. Temporary workers who terminate or terminate the labor contract shall be sent back to the original receiving place by the employing unit, and shall go through the termination procedures at the labor management office (station) under their jurisdiction with the labor manual in the current month (if the termination or termination is the end of the next month). Article 12 An employing unit shall not employ permanent workers or workers with on-the-job labor contracts as temporary workers.

If contract workers recruited from outside the city are dismissed for violating laws and regulations during their work, no unit may recruit them again. Thirteenth urban temporary workers to change their work units, must be approved by the original employer, with the "Labor Manual" and the proof of the receiving unit, to the labor management office (station) under its jurisdiction to handle the flow procedures. Article 14 If the employing unit recruits temporary workers with urban hukou in this city and continues to use them after working for three months, if they meet the recruitment requirements, the unit must go through the formalities of recruiting them as labor contract workers upon his own application. Article 15. Employers recruit temporary workers from rural areas and towns outside the city, and a few production backbones and technical business personnel who have worked continuously in a unit for more than four years according to the contract, if they really need production (work) and have outstanding ideological and work performance, they can be converted to contract workers with the approval of the Municipal Labor Bureau. If they belong to the agricultural population, they shall be handled within the recruitment index of farmers in this city. Belonging to the urban (commodity grain) population, it shall be handled within the index of recruiting contract workers issued by the city. Those who are engaged in fishery, agriculture, animal husbandry, fruit farms and islands in this city are given priority under the same conditions.

Temporary workers who are converted into contract workers shall go through the formalities for the transfer of registered permanent residence and grain relations in the public security and food departments with the recruitment documents of the Municipal Labor Bureau.