Interim Measures of Beijing Municipality on the Administration of Labor Market

Article 1 In order to develop an organized labor market, ensure the smooth progress of the reform of the labor employment system, and maintain the normal order of the labor market, these Measures are formulated in accordance with the relevant policies of the state and the specific conditions of this Municipality. Article 2 These Measures shall apply to the administration of the labor market within the administrative area of this Municipality.

The term "labor market" as mentioned in these Measures refers to the place where both the supply and demand sides of labor make two-way choices, including comprehensive labor market, industrial labor market, special labor market and internal labor market of enterprises. Article 3 The municipal, district and county labor bureaus are the competent departments of the people's governments at the same level to manage the labor market, and are responsible for the planning, organization, guidance, coordination, supervision and inspection of the labor market within their respective administrative areas, and to establish a multi-form, multi-level and multi-professional labor market system in this Municipality in a planned way.

The administrative department for industry and commerce shall supervise and inspect the labor market in accordance with the laws, regulations and rules of industrial and commercial administration. Article 4 Labor administrative departments at all levels shall organize comprehensive or professional labor markets according to administrative regions.

Municipal departments in charge of various industries or other social organizations may set up industrial or professional labor markets.

The enterprise or the competent department of the enterprise may, under the guidance of the municipal, district and county labor bureaus, establish the internal labor market of the enterprise and adjust the surplus labor force within the scope of the enterprise and the system.

Individuals are not allowed to set up the labor market. Article 5 To establish a comprehensive, industrial or professional labor market, the following conditions must be met:

(a) in line with the city's labor market development plan;

(2) Having a clear business scope;

(3) Having a fixed place;

(4) Having a labor market service organization with no less than 65,438 full-time staff;

(five) a sound market management system and staff code;

(6) Having computer equipment suitable for the business workload;

(seven) other conditions stipulated by laws, regulations and rules. Article 6 To start a labor market, the start-up unit shall apply to the Municipal Labor Bureau, and the labor market can only be started after the approval of the Municipal Labor Bureau. Those who have not obtained the license to start the labor market shall not start the labor market or engage in labor intermediary activities for profit. Prohibit the spontaneous labor market.

The specific measures for applying for the issuance of the "Permit for Running the Labor Market" shall be formulated by the Municipal Labor Bureau. Article 7 A labor market service institution shall have legal person status. Labor market service institutions run by industry departments or other social organizations must register with the administrative department for industry and commerce. Article 8 Labor market service institutions may engage in the following businesses:

(1) Collecting and providing information on labor supply and demand;

(two) to carry out employment guidance and consultation;

(3) Organizing organs, organizations, military units, enterprises, institutions, individual industrial and commercial households and families (hereinafter referred to as employers) that need labor services or services to directly negotiate with job seekers;

(four) to assist enterprises to adjust surplus and shortage of labor;

(five) to provide services for the rational flow of employees;

(6) Organizing labor cooperation or regional labor export and import;

(seven) according to the needs of employment, organize and coordinate the relevant units to carry out various forms of vocational and technical training;

(eight) the introduction of temporary employment units;

(nine) the introduction of domestic servants, individual industrial and commercial households;

(ten) other labor intermediary services permitted by laws, regulations and rules.

The specific business scope of each labor market service institution shall be approved by the Municipal Labor Bureau when issuing the license for starting the labor market. Article 9 When employing personnel in the labor market, the employing unit must hold the relevant certificates and recruitment brochures stipulated by the Municipal Labor Bureau, face the society, openly recruit, conduct comprehensive assessment and select the best candidates. Job seekers applying for jobs in the labor market must hold their identity cards and relevant certificates stipulated by the Municipal Labor Bureau. After the employer and the job seeker reach an employment agreement, they must sign a labor contract or a labor service contract in accordance with the relevant provisions of the state and this Municipality, and go through the relevant formalities. Tenth labor market service organizations must carry out labor intermediary service activities in accordance with the labor laws, regulations and policies of the state and this Municipality within the business scope approved by the Municipal Labor Bureau. Labor market service organizations shall not infringe upon the autonomy of employers and the right of job seekers to choose jobs in labor intermediary service activities. Eleventh employers and job seekers entering the labor market must abide by laws, regulations, rules and policies, abide by the order of the labor market, obey management, and may not engage in illegal activities by using the labor market. Twelfth labor market service agencies should regularly submit information on labor supply and demand to the Municipal Labor Bureau, so as to provide a basis for the formulation of employment planning and related policies in this Municipality. Information exchange and cooperation between labor markets should be strengthened; When necessary, the Municipal Labor Bureau can adjust the labor resources of each labor market.

Specific measures for the exchange of labor supply and demand information and the adjustment of labor resources in the labor market shall be formulated by the Municipal Labor Bureau. Thirteenth labor market service organizations to provide services to employers and job seekers, can charge service fees. The standards and collection methods of service fees shall be formulated by the Municipal Labor Bureau in conjunction with the Municipal Price Bureau. Fourteenth in violation of these measures, according to the following provisions:

(a) the spontaneous labor market shall be banned by the municipal, district and county labor bureaus in conjunction with the public security organs and the administrative department for industry and commerce;

(2) If a person runs a labor market without a license or illegally engages in labor intermediary activities for profit, the municipal, district and county labor bureaus shall order him to suspend or stop the illegal activities, and impose a fine of 1000 yuan depending on the seriousness of the case; If there are illegal gains, all illegal gains shall be confiscated;

(three) the labor market service institutions that engage in labor intermediary activities beyond the approved business scope or violate labor laws, regulations and policies shall be ordered by the Municipal Labor Bureau to make corrections; If the circumstances are serious, the labor market start-up license of the start-up unit shall be revoked;

(four) in violation of the laws, regulations and rules of the industrial and commercial administration in the labor market activities, the administrative department for industry and commerce shall handle it according to law;

(five) disrupting the order of the labor market and violating the administration of public security shall be dealt with by the public security organs according to law;

(six) the use of the labor market for illegal activities shall be dealt with by the relevant administrative law enforcement organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.