Outward operation recruitment

In order to further improve the openness of China's talent market, accelerate the development of talent market and improve the management system of talent market policies and regulations. According to the Law of People's Republic of China (PRC) on Chinese-foreign Joint Ventures and other relevant laws, regulations and policies, the Ministry of Personnel, the Ministry of Commerce and the General Administration of Administrative Measures of China Administration for Industry and Commerce jointly promulgated the Interim Provisions on the Administration of Chinese-foreign Joint Venture Talent Agencies (hereinafter referred to as the Interim Provisions).

What is the primary consideration in promulgating the Interim Provisions? In order to adapt to the new situation of China's accession to the WTO, in the published Regulations on the Management of Talent Market, foreign-funded enterprises are generally allowed to participate in China's talent intermediary service projects in the form of joint ventures. In order to successfully implement the Regulations on the Management of Talent Market and create excellent rules and regulations for talent institutions and overseas institutions to enter China's talent market, we have formulated the Interim Provisions as supporting facilities, policies and regulations for the management of Sino-foreign joint venture talent agencies.

It is believed that the formulation of the "Interim Provisions" is the need to expand and open the talent market. After China's entry into WTO, the talent market is facing a new situation of expanding and opening up. After serious scientific research, we have carefully analyzed the perfection of China's talent market and the standards of natural environment, and decided to open the talent market by stages. The first step is to allow foreign enterprises, companies and other organizations to carry out talent intermediary service projects with enterprises, companies and other economic development institutions in China, and establish talent intermediary institutions in China, which will be gradually opened when the time is ripe. The second is to standardize the management of talent agencies in foreign-funded enterprises.

According to statistics, before the promulgation of the Regulations on the Management of Talent Market, the talent agencies of foreign-funded enterprises had already entered the China market. They operate in the form of offices and service offices, which is neither standardized nor conducive to their work. Talent agencies of foreign-funded enterprises expect this mode of operation to be put into use in China. According to the relevant standards of WTO, foreign-funded enterprises and institutions should follow the requirements of the laws and regulations of the host country. Formulating the Interim Provisions and establishing the standards of joint operation and the actual requirements for applying for approval are conducive to standardizing the personal behavior of foreign-funded enterprises, safeguarding their interests, and at the same time controlling the industry market.

What are the criteria for applying for the establishment of a Sino-foreign joint venture talent agency? The Interim Provisions require that an application for establishing a Sino-foreign joint venture talent agency must meet the following conditions: the Chinese investor should be a talent agency that has been established for about 3 years, and the foreign investor should also be a foreign enterprise, company and other social and economic institution that has been engaged in talent agency services for more than 3 years. The joint venture has excellent reputation in many aspects; There must be about 5 staff members with college education or above who have obtained the qualification certificate of talent intermediary service project.

It has fixed sites, assets and office equipment suitable for the application project, with a registered capital of not less than 300,000 US dollars, of which the investment proportion of Sino-foreign joint ventures is not less than 25% and that of China joint ventures is not less than 565,438+0%; Having sound and effective institutional rules, management plans and working systems, and having a clear business scope; Can enjoy civil rights alone and bear legal responsibilities; And other standards required by laws, regulations, policies and regulations.

What information do I need to show when applying for the establishment of a Sino-foreign joint venture talent agency? To apply for the establishment of a Sino-foreign joint venture talent agency, you need to give: 1. An application form and a feasible plan; The second is the contract and articles of association signed by the joint venture; Third, the qualification certificate that the joint venture has been engaged in talent intermediary service projects for about 3 years; Fourth, the Notice of Pre-approval of Enterprise Name approved by the regulatory department of the Industrial and Commercial Bureau; Fifth, laws, regulations, policies and other original materials required by the personnel administrative departments of the people's governments of provinces, autonomous prefectures and municipal districts.

What are the supervision units and approval procedures for Sino-foreign joint venture talent intermediaries? The Interim Provisions require that the administrative departments of personnel departments of the people's governments of all provinces, autonomous prefectures, municipal districts and municipalities, the business reception units and supervision units of the industrial and commercial bureaus shall undertake the examination, filing, management measures and supervision of Sino-foreign joint venture talent intermediaries within the competent departments in accordance with regulations and responsibilities.

The examination and approval procedures are as follows: the personnel administrative departments of the people's governments of provinces, autonomous prefectures, municipal districts and municipalities shall complete the examination and approval within 30 working days after receiving the application for establishing a Sino-foreign joint venture talent agency. Approved, issued a "talent intermediary service license", and to the personnel administrative department of the State Council for the record; If it disagrees, it shall inform the applicant in writing and explain the reasons in detail. The applicant shall, within 30 days from the date of obtaining the license certificate, apply to the business acceptance unit for approval. Within 30 days from the date of approval of the certificate, apply to the market supervision and management institution for registration as required.

The Interim Provisions also stipulate that Sino-foreign joint venture talent agencies shall implement the annual examination system of license certificates. The annual assessment methods shall be formulated by the personnel administrative departments of the people's governments of provinces, autonomous prefectures and municipal districts. The personnel administrative departments of the people's governments of provinces, autonomous prefectures and municipal districts shall report the results of the annual examination of Sino-foreign joint venture talent agencies to the personnel administrative department of the General Office of the State Council.

What business processes can Chinese-foreign joint venture talent agencies apply for? The personnel administrative departments of the people's governments of provinces, autonomous prefectures, municipal districts and municipalities shall, according to the assets, personnel and management capabilities of Sino-foreign joint venture talent intermediaries, examine and approve them to carry out one or more business processes within the following business scope: First, collect, sort out, store and publish information on the supply of outstanding talents and provide service consultation; The second is talent recommendation; The third is job recruitment; Fourth, personnel quality evaluation; Fifth, the cultivation of talents in China; Sixth, other related business processes required by policies, regulations and rules.

What are the restrictions on job recruitment? The Interim Provisions require Chinese-foreign joint venture talent agencies to recruit talents to go abroad, which shall be handled in accordance with the relevant requirements of the China Municipal Government, and shall not recruit the following outstanding talents to go abroad:

(a) without the permission of the enterprise or the competent department, it has been responsible for the engineering projects, scientific research projects and management personnel of key disciplines in China.

(2) serving civil servants.

(3) laborers who are dispatched by the state in a unified way and have not completed the rotation period to support the development of the western region.

(4) On-the-job secret-related personnel and secret-related personnel who have not completed their job transfer.

(five) staff members who have not yet closed the case in violation of rules and regulations.

(six) other special posts that need to be temporarily moved by laws, regulations and policies or people who can go abroad with permission.