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Employment Promotion Law of the People's Republic of China
released by£ºboooming Time£º2013-4-25 14:17:07 Read£º3093Time

 The Employment Promotion Law of the People's Republic of China, which was adopted at the 29th session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 30, 2007, is hereby promulgated and shall come into force as of January 1, 2008.

 

Contents 

Chapter I General Provisions

Chapter II Policy Support

Chapter III Fair Employment

Chapter IV Employment Services and Management

Chapter V Vocational Education and Training

Chapter VI Employment Aids

Chapter VII Supervision and Inspection

Chapter VIII Legal Liabilities

Chapter IX Supplementary Provisions

 

Chapter I General Provisions

 

Article 1 This law is enacted to promote employment, promote positive interaction between economic development and increase of employment, and promote the harmony and stability of society.

 

Article 2 The state highlights the increase of employment in the development of economy and society, implements active employment policies, upholds the guiding principles of workers choosing their own jobs and the market regulating employment and the government promoting employment, and increases employment through multiple channels.

 

Article 3 Workers shall have the right to equal employment and to choose job on their own initiative in accordance with the law

 

Workers seeking employment shall not be subject to discrimination based on factors such as ethnicity, race, gender, religious belief etc.

 

Article 4 The people's governments at and above the county level shall regard the increase of employment as an important goal for the development of economy and social development, integrate it in the plan on development of national economy and society and work out medium and long term plans and annual work plans on promoting the increase of employment.

 

Article 5 The people's governments at and above the county level shall create employment conditions and increase employment by taking measures such as developing the economy, adjusting the industrial structure, regulating the market of human resources, improving the employment services, strengthening the vocational education and training, and providing employment aid, etc.

 

Article 6 The State Council shall establish a coordination mechanism for employment promotion work throughout the country, study the significant problems in the employment work, coordinate and push forward the employment promotion work throughout the country. The labor administrative department of State Council shall be responsible for the specific employment promotion work throughout the country.

 

The people's government of each province, autonomous region or municipality directly under the Central Government shall, according to the needs of employment promotion work, establish a coordination mechanism for the employment promotion work, coordinate and solve the significant problems in the employment work in its own administrative area.

 

The relevant departments of the people's government at or above the county level shall, under their respective functions, make joint efforts to accomplish the employment promotion work.

 

Article 7 The state encourages workers to form correct concept of job selection, to enhance the employment and business startup capabilities, start up businesses independently and employ themselves.

 

The people's governments at all levels and the pertinent departments shall simplify procedures and increase efficiency so as to make it easier for workers to start up businesses independently and employ themselves.

 

Article 8 An employer is entitled to enjoy the right to hire workers on its own initiative in pursuance of law.

 

An employer shall guarantee the legitimate rights and interests of workers in accordance with this Law, other laws and regulations.

 

Article 9 The labor unions, communist youth leagues, women's federations, the disabled persons' federations, and other social organizations shall assist the people's governments to carry out the employment promotion work and protect the workers' working rights.

 

Article 10 The people's governments at all levels and the pertinent departments shall commend and reward those entities and individuals who have made outstanding achievements in the employment promotion work.

 

Chapter II Policy Support

 

Article 11 The people's governments at and above the county level shall regard the increase of employment as their important duty and uniformly coordinate the industrial policies and employment policies.

 

Article 12 The state encourages various enterprises to create more jobs by launching new enterprises or expanding businesses within the range as prescribed by laws and regulations.

 

The state encourages the development of labor-intensive industries and service industry, support medium and small enterprises so as to increase jobs through multiple channels and by diversified means.

 

The state encourages, supports and directs the development of non-public economy so as to increase employment and create more jobs.

 

Article 13 The state develops trade both home and abroad as well as international economic cooperation so as to increase more employment channels.

 

Article 14 When the people's government at or above the county level arranges a government investment or decides an important construction project, it shall make the investment or the important construction project play the roles of driving up the employment and creating more jobs.

 

Article 15 The state implements fiscal policies which are helpful to the promotion of employment, inputs more funds and improves the employment environment so as to increase employment.

 

The people's government at or above the county level shall, according to the employment situation and the goal of employment work, make its fiscal budget include an exclusive employment fund for employment promotion.

 

The exclusive employment fund shall be used as subsidies for job recommendation, vocational training, posts for public good, assessment of occupational skills, special employment policies, social insurances, etc., as guarantee fund for small loans and discounted interests on small guaranty loans for minor-profit projects, and be used for supporting the public employment services. The administrative measures for uses of the exclusive employment fund shall be formulated by the finance department and the labor administrative department of the State Council.

 

Article 16 The state shall establish a sound unemployment insurance system so as to ensure the basic living of the unemployed persons and promote their employment.

 

Article 17 The state encourages enterprises to create more jobs and support the unemployed persons and the disabled persons to get jobs, and offers tax preferential treatments to the following enterprises and persons:

1. Enterprises that meet the requirement for offering jobs to unemployed persons who satisfy the conditions as prescribed by the state;

2. Medium and small enterprises set up by unemployed persons;

3. Enterprises that meet the prescribed rate of offering jobs to disabled persons, or that use disabled persons in a centralized manner;

4. Unemployed persons engaging in individual industrial and commercial households and meeting the conditions as prescribed by the state;

5. Disabled persons engaging in individual industrial and commercial households; and

6. Other enterprises and persons entitled to enjoy tax preferential treatments under provisions of the State Council.

 

Article 18 For the persons as mentioned in Article 17 (4) and (5) of this Law, the relevant departments shall give favorable consideration in such aspects as business site, etc. and shall exempt them from administrative fees.

 

Article 19 The state shall adopt financial policies helpful to the promotion of employment, increase financing channels for medium and small enterprises, encourage the financial institutions to improve financial services, give medium and small enterprises more loans, and provide, within a certain time limit, small loans to persons who start up businesses independently.

 

Article 20 The state shall implement employment policies under an overall urban and rural plan, establish a sound system for equal employment of urban and rural workers and direct the transfer of employment of excessive labor force of rural areas in an orderly manner.

 

The local people's governments at and above the county level shall push forward the construction of small towns and accelerate the economic development of county areas, direct the excessive labor force of rural areas to find jobs at their own localities or near their own localities. When creating plans on small towns, they should regard the transfer of employment of the excessive labor force of their respective areas as an important content.

 

The local people's governments at and above the county level shall direct the excessive labor force of rural areas to transfer to different urban places to get jobs in an orderly manner. The people's governments of the labor force moving-in areas and moving-out areas shall cooperate with each other so as to improve the environment and conditions for employment of rural workers to enter into cities.

 

Article 21 The state supports the development of regional economy, encourages regional cooperation and coordinate the balanced increase of employment in different areas.

 

The state backs ethnic minority areas to develop economy and increase employment.

 

Article 22 The people's governments at all levels shall do a good job in the employment of newly increasing urban and rural labor force, the transfer of employment of excessive labor force of rural areas, as well as the employment of unemployed persons.

 

Article 23 The people's governments at all levels shall take measures to gradually improve and implement such flexible labor and social insurance policies as part-time employment so as to provide help and services to employees under flexible employment.

 

Article 24 The local people's governments and the pertinent departments at all levels shall intensify the guidance to unemployed persons in engaging in individual industrial and commercial households, and provide them with such services as policy consultation, vocational training, and instructions on start of business.

 

Chapter III Fair Employment

 

Article 25 The people's governments at all levels shall create an environment for fair employment, eliminate employment discrimination and formulate policies and take measures to support and aid the people who are difficult to get a job.

 

Article 26 When an employer recruits employees, or when a job intermediary agency engages in job intermediary activities, it shall provide workers with equal employment opportunities and fair employment conditions and shall not have any employment discrimination.

 

Article 27 The state shall ensure that women enjoy labor rights equal to those of men.

 

When an employer recruits employees, it shall not refuse to recruit women or increase the thresholds for recruitment of women under the excuse of gender.

 

When an employer recruits female employees, it shall not stipulate in the employment contract any content, which restricts female employees from getting married or bearing child.

 

Article 28 Workers of all ethnic groups enjoy equal labor rights.

 

When an employer recruits employees, it shall give appropriate consideration to workers of ethnic minorities.

 

Article 29 The state shall guarantee the employment rights of disabled persons.

 

The people's governments at all levels shall make an overall plan on the employment of disabled persons so as to create employment conditions for disabled persons.

 

When an employer recruits employees, it shall not discriminate disabled persons.

 

Article 30 When an employer recruits employees, it shall not refuse to recruit any person under the excuse that he is a carrier of an infectious disease. However, before a carrier of an infectious disease is confirmed upon medical test that he is cured or excluded from the possibility of spreading the disease, he shall not take up the jobs, in which it is likely to spread the disease and which are prohibited in laws and administrative regulations and by the health administrative department of the State Council.

 

Article 31 Rural workers who go to cities in search of employment shall enjoy labor rights equal to those of urban workers. It is prohibited to set discriminatory restrictions against rural workers seeking employment in cities.

 

Chapter IV Employment Services and Management

 

Article 32 The people's governments at and above the county level shall foster and improve uniform, open, competitive and orderly human resource markets to provide employment services to workers.

 

Article 33 The people's governments at and above the county level shall encourage all walks of life to carry out employment service activities, strengthen the guidance and supervision over the public employment services and job intermediary services and gradually improve an employment service system covering urban and rural areas.

 

Article 34 The people's governments at and above the county level shall intensify the construction of information networks and relevant facilities of human resource markets, establish a sound information service system for human resource markets and improve the rules on announcing market information.

 

 

Article 35 The people's governments at and above the county level shall establish a sound public employment service system and set up public employment service agencies to provide the following gratuitous services to workers:

1. Offering consultation on employment policies and regulations;

2. Announcing information about supply and demand of jobs, guiding market wages and vocational training;

3. Offering vocational guides and job recommendations;

4. Offering aid to persons who are difficult to find a job;

5. Handling the register of employment and unemployment, as well as other affairs; and

6. Other public employment services.

 

A public employment service institution shall incessantly improve the quality and efficiency of services. It shall not engage in any commercial activity.

 

The operating funds for public employment services shall be included in the fiscal budget at the same level.

 

Article 36 The people's governments at and above the county level shall, under the relevant provisions, give subsidies to job intermediary agencies, which provide public good employment services.

 

The state encourages all walks of life to provide donations and aid for public good employment services.

 

Article 37 No local people's government or pertinent department may set up any job intermediary agency for a commercial purpose or does so jointly with others.

 

No fee may be charged against workers at job fairs held by local people's governments at all levels and public employment service agencies.

 

Article 38 The people's governments at and above the county level and pertinent departments shall strengthen the administration of job intermediary agencies, encourage them to improve the service quality and play their roles in promotion of employment.

 

Article 39 The principle of lawfulness, good faith, fairness and openness shall be observed in engaging in job intermediary activities.

 

When an employer recruits employees via a job intermediary agency, it shall faithfully furnish the job intermediary agency with the information about the posts it supplies. It is forbidden for any organization or individual to impair the legitimate rights and interests of workers by taking the advantage of job intermediary activities.

 

Article 40 To establish a job intermediary agency, the following conditions shall be satisfied:

1. Having express articles of association and management rules;

2. Having a fixed business site, office facilities and a certain sum of startup capital, which are essential to carry out businesses;

3. Having a particular number of full time employees, who have corresponding occupational qualifications; and

4. Other conditions as prescribed by laws and regulations.

 

To establish a job intermediary agency, an administrative license shall be applied for in pursuance of law. A licensed job intermediary agency shall go through the registration formalities in the industrial and commercial administrative department.

 

Any institution without license and registration shall not engage in job intermediary activities.

 

If the state provides otherwise for foreign-funded job intermediary agencies and those job intermediary agencies offering overseas employment services, such provisions of the state shall prevail.

 

Article 41 No job intermediary agency may

1. provide false employment information;

2. offer job intermediary services to any employer without lawful license;

3. counterfeit, alter or transfer to others its job intermediary agency license;

4. detain workers' resident identity cards and other certificates, or charge a deposit against workers; or

5. conduct other acts in violation of any law or regulation.

 

Article 42 The people's governments at and above the county level shall establish an unemployment pre-warning system so as to prevent, adjust and control cases of larger scale of unemployment, which are likely to appear.

 

Article 43 The state shall establish a labor force investigation and statistical system and a system of register of employment and unemployment so as to investigate into and collect statistics of resources of labor force, as well as the status of employment and unemployment, and announce the investigation and statistical results.

 

When statistical departments and labor administrative departments investigate and collect statistics of labor force, and register the employment and unemployment, employers and individuals shall faithfully provide the information required for the investigation, statistics and register.

 

Chapter V Vocational Education and Training

 

Article 44 The state shall develop vocational education in pursuance of law, encourage vocational training and promote workers to improve their vocational skills and enhance their employment capabilities and business startup capabilities.

 

Article 45 The people's governments at and above the county level shall, according to the economic and social development and market demands, make and execute plans on the development of vocational capabilities.

 

Article 46 The people's governments at and above the county level shall intensify the coordination under a uniform plan, encourage and support various vocational colleges and schools, job skills training institutions and employers to carry out pre-employment training, on-the-job training, re-employment training and business startup training, and encourage workers to participate in various forms of trainings.

 

Article 47 The local people's governments at and above the county level and the pertinent departments shall, according to the market demands and the direction of industrial development, encourage and direct enterprises to strengthen the vocational education and training.

 

Vocational colleges and schools and vocational skills training institutions shall keep a close contact with enterprises, combine teaching with production, serve the economic construction and foster practical talents and skillful workers.

 

An enterprise shall make a provision of the operating fund for education of employees so as to offer to workers vocational skills training and continuing education.

 

Article 48 The state shall take measures to establish a sound labor preparation system. The local people's governments at and above the county level shall offer a certain time period of vocational education and training to junior middle school and high school graduates so as to make them obtain corresponding vocational qualification or grasp specific vocational skills.

 

Article 49 The local people's governments at all levels shall encourage and support the employment training, help the unemployed persons to improve their vocational skills and improve their employment capabilities and business startup capabilities. Where an unemployed person participates in an employment training, he is entitled to enjoy the government training subsidies.

 

Article 50 The local people's governments at all levels shall take effective measures to direct and guide the rural workers seeking jobs in cities to participate in skills training and encourage various training institutions to provide skills training to rural workers seeking jobs in cities so as to enhance their employment capabilities and business startup capabilities.

 

Article 51 The states adopts an vocational qualification license system for workers engaging in special jobs such as those relating to the public safety, personal health, safety of life and property, etc. The concrete measures shall be formulated by the State Council.

 

Chapter VI Employment Aids

 

Article 52 The people's governments at all levels shall establish a sound employment aid system, give priority to supporting and helping the persons, who are difficult to find a job, by taking such measures as exemption and deduction of taxes and fees, discount interest loans, social insurance subsidies, post subsidies, and by offering them public good posts.

 

The term persons difficult to find a job refers to those persons who could not find a job for health, skill level, family factors, loss of land or any other reason, or who still could not find a job after continuous unemployment for a certain time period. The specific range of persons difficult to find a job shall be prescribed by people's government of each province, autonomous region or municipality directly under the Central Government according to the actual situation of its respective administrative area.

 

Article 53 For the public good posts invested in and developed by the government, the persons difficult to find a job shall be given a priority to such posts if they meet the relevant requirements. Those who are offered public good posts shall be given post subsidies under the pertinent provisions of the state.

 

Article 54 The local people's governments at all levels shall strengthen the grassroots employment aiding services so as to lay an emphasis on the help to persons difficult to find a job and offer targeted employment services and public good post related aid.

 

The local people's governments encourage and support all walks of life to provide skills training, post related information and other services to persons difficult to find a job.

 

Article 55 The people's governments at all levels shall take special support measures to promote the employment of disabled persons.

 

An employer shall arrange the employment of disabled persons under provisions of the state. The concrete measures shall be formulated by the State Council.

 

Article 56 The local people's governments at and above the county level shall, by adopting diversified employment forms, expand the range of public good posts and develop posts so as to ensure that at least one member get a job in each urban family that needs employment.

 

For a family of urban residents in which all family members within the statutory labor age are unemployed, it may apply for employment aid to the public employment service institution of the local sub-district or community. If it is true upon verification, the public employment service institution of the local sub-district or community shall provide a proper job to at least one member of this family.

 

Article 57 The state encourages resource exploitation cities and independent industrial and mining areas to develop industries catering to the market demands and direct workers to change jobs.

 

For an area, in which there are a large cluster of persons difficult to find a job due to exhaustion of resources or economic structure adjustment, the people's government at the superior level shall give them appropriate support and help.

 

Supervision and Inspection

 

Article 58 The people's governments at all levels and pertinent departments shall establish target responsibility system for promotion of employment. The people's government at or above the county level shall, under the requirements of the target responsibility system, evaluate and supervise the performances of its subsidiaries and the people's governments at the next inferior level.

 

Article 59 The audit organs and finance departments shall supervise and inspect the management and use of special employment funds in accordance with law.

 

Article 60 The labor administrative department shall supervise and inspect the implementation of this Law, establish an exposure system and accept exposures of violations of this Law and timely verify and handle such violations.

 

Chapter VIII Legal Liabilities

 

Article 61 Where the labor administrative department or any other relevant department or any of its functionaries violates this Law by abusing his power, neglecting his duties or seeking private interests, the directly liable person-in-charge and other directly liable persons shall be given a sanction according to law.

 

Article 62 For anyone who violates this Law due to employment discrimination, workers may lodge a lawsuit in the people's court.

 

Article 63 Where the people's government or relevant department or public employment service institution violates this Law by establishing any job intermediary agency for commercial purpose or engaging in job intermediary activities for commercial purpose or charging workers any fee, the superior administrative organ shall order it to make a correction within a time limit, refund to workers the fee illegally charged, and give a sanction to the directly liable person-in-charge and other directly liable persons.

 

Article 64 For anyone who violates this Law by illegally engaging in job intermediary activities without license or registration, the labor administrative department or other administrative departments shall shut it down. If it has any illegal gains, the illegal gains shall be confiscated and it shall be fined not less than 10, 000 yuan but not more than 50, 000 yuan.

 

Article 65 Where a job intermediary agency violates this Law by providing any false employment information, or providing employment intermediary services to any employer without lawful license or certificate, or forging, altering or transferring to others its intermediary agency license, the labor administrative department or other administrative departments shall order it to make a correction. If there are any illegal gains, it shall confiscate the illegal gains and fine the violator not less than 10, 000 yuan but not more than 50, 000 yuan. If the circumstance is severe, it shall revoke the job intermediary agency license.

 

Article 66 Where a job intermediary agency violates this Law by detaining the resident identity cards or other certificates of workers, the labor administrative department shall order it to return them to the workers and shall punish it in pursuance of relevant laws.

 

Where a job intermediary agency violates this Law by charging workers any deposit, the labor administrative department shall order it to make a refund to the workers and shall fine it at a rate of not less than 500 yuan but not more than 2, 000 yuan per person.

 

Article 67 Where any enterprise violates this Law by failing to make a provision of the operating fund for education of employees or by misappropriating the operating fund for the education of employees, the labor administrative department shall order it to make a correction, and it shall be punished in accordance with law.

 

Article 68 For anyone who violates this Law by impairing the legitimate rights and interests of workers and causing property losses or other damage, he shall bear civil liabilities. If any crime is constituted, he shall be subject to criminal liabilities.

 

Chapter IX Supplementary Provisions

 

Article 69 This Law shall come into force as of January 1, 2008. 

 
 
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