Regulations of Zhengzhou Municipality on Labor and Employment

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC), the Employment Promotion Law of People's Republic of China (PRC) and the actual situation of this Municipality in order to standardize the labor and employment behaviors, protect the legitimate rights and interests of laborers and employers, and promote the harmony and stability of labor relations. Article 2 These Regulations shall apply to employment and related activities within the administrative area of this Municipality. Article 3 The municipal administrative department of human resources and social security shall be in charge of the employment work in this Municipality. County (city), district human resources and social security administrative departments in accordance with the management authority, in charge of the administrative region of labor and employment.

Industry and information technology, public security, civil affairs, production safety supervision, urban and rural construction, transportation, environmental protection, commerce, health, state-owned assets supervision and management, industry and commerce administration, taxation and other departments shall, according to their respective responsibilities, do a good job in labor and employment.

Trade unions, women's federations, disabled persons' federations and other organizations shall safeguard the legitimate rights and interests of workers according to law and supervise the employment behavior of employers. Article 4 The employing unit shall establish and improve labor rules and regulations according to law, so as to ensure that laborers enjoy labor rights and perform labor obligations. Chapter II Recruitment Article 5 An employing unit shall enjoy the right of employment autonomy according to law, and may recruit workers through the following channels:

(1) Publishing recruitment information through its own channels;

(2) Entrusting an intermediary service agency for human resources;

(3) Attending job fairs;

(four) through the mass media to publish recruitment information;

(5) Other legal channels. Article 6 When an employing unit recruits workers through items (2), (3) and (4) of Article 5, it shall present its business license or registration certificate, the power of attorney of the unit and the identity certificate of the agent, and issue a recruitment brochure. Article 7 To establish a human resource intermediary service organization, it shall apply to the administrative department of human resources and social security of Shangjie District of the city, county (city) for the License of Human Resource Intermediary Service. Human resource intermediary service organizations shall register with the administrative department for industry and commerce with the license of human resource intermediary service.

Organizations without permission and registration shall not engage in human resources intermediary service activities.

It is forbidden to forge, alter, alter or transfer the license of human resources intermediary service. Article 8 The establishment of an intermediary service institution for human resources shall meet the following conditions:

(1) Having clear articles of association and management system;

(two) the establishment of human resources intermediary service institutions in this Municipality, with more than three full-time staff with corresponding professional qualifications, with a business area of more than 80 square meters and a start-up capital of more than 300,000 yuan;

(three) in the county (city), Shangjie District, the establishment of human resources intermediary service organizations, there are more than two full-time staff with corresponding professional qualifications, the use of business premises of more than 50 square meters, the start-up capital of more than 200 thousand yuan;

(4) Other conditions stipulated by laws and regulations. Ninth human resources intermediary service organizations shall not have the following acts:

(1) Operating beyond the permitted business scope;

(2) Providing false employment information;

(3) Providing intermediary services of human resources for an employer without a legal license;

(four) to provide human resources intermediary services for workers without legal identity documents;

(5) Recruiting minors under the age of 16 in violation of regulations;

(6) Introducing laborers to occupations prohibited by laws and regulations;

(seven) the seizure of workers' resident identity cards or other documents;

(eight) to collect fees from employees such as deposits and deposits;

(nine) by violence, coercion or fraud to carry out human resources intermediary services;

(ten) other acts in violation of laws and regulations. Article 10 An employing unit shall not commit any of the following acts:

(1) Publishing recruitment information containing false or discriminatory contents;

(2) Seizing the resident identity cards or other certificates of the workers;

(three) the use of personnel who have not obtained the corresponding professional qualification certificate in positions that should be certified by the state;

(four) the use of minors under the age of sixteen and eighteen in violation of regulations;

(five) forced labor by means of violence, threat or illegal restriction of personal freedom;

(six) illegal command or force risky operations to endanger the personal safety of workers;

(seven) insulting, corporal punishment, beating, illegal search or detention of workers;

(8) Poor working conditions and serious environmental pollution, which have caused harm to the physical and mental health of workers;

(nine) other acts in violation of laws and regulations.

Employers are prohibited from recruiting/kloc-minors under the age of 0/6. Where laws and regulations provide otherwise, such provisions shall prevail. Article 11 When employing workers, the employing unit shall require the workers to provide true and valid identity certificates.

When applying for a job, a laborer shall present his true and valid identity certificate. Article 12 An employing unit shall establish labor relations with laborers from the date of employment.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, the employer shall conclude a written labor contract with the employee within one month from the date of employment. The text of the labor contract is held by the employer and the employee respectively.