2005- 1 1-0 1
All provinces, autonomous regions, municipalities directly under the central government and cities under separate state planning, labor (labor and personnel) departments (bureaus), relevant departments of the State Council, production management department of the General Logistics Department of the People's Liberation Army, and Labor Bureau of Xinjiang Production and Construction Corps:
According to the relevant provisions of the Labor Law, we have formulated the Provisions on Employment Introduction, which is now promulgated. The "occupation introduction regulations" are hereby issued to you. For industrial and commercial registration, the local labor administrative department and the administrative department for industry and commerce may jointly formulate specific measures for establishing profit-making employment agencies after consulting the State Administration for Industry and Commerce.
Employment introduction regulations
Chapter I General Principles
Article 1 These Provisions are formulated in accordance with the relevant provisions of the Labor Law in order to standardize the job introduction behavior and promote the mutual choice between workers and employers.
Article 2 These Provisions shall apply to the following employment agencies:
(a) the employment agencies run by the labor department;
(2) Employment agencies run by non-labor departments;
(3) Employment agencies operated by individual citizens.
Individual citizens engaged in occupation introduction activities shall be implemented in accordance with these provisions.
Article 3 Employment agencies run by non-labor departments refer to employment agencies run by other government departments, enterprises, institutions and social organizations except the labor department.
Article 4 Occupation introduction must be carried out according to law, and the relevant national policies and policies shall be implemented.
Article 5 Occupation introduction should be closely integrated with employment services such as employment training, unemployment insurance and self-help in production, and make overall arrangements.
Article 6 The labor administrative department of the people's government at or above the county level shall be in charge of the job introduction within its administrative area. The labor employment service agencies affiliated to the labor administrative department are specifically responsible for the job introduction work in this area.
Chapter II Mechanism
Article 7 The employment agencies run by the labor department (including township, town and street labor service stations and institutes) are public welfare institutions.
Employment agencies run by non-labor departments and individual citizens can be public welfare units or profit-making units.
Article 8 The establishment of an employment agency shall meet the following conditions:
(1) Having a fixed trading place and facilities;
(2) Having necessary start-up funds;
(3) Having corresponding articles of association;
(4) Having a clear business scope;
(5) Having a certain number of full-time staff;
(6) Other conditions stipulated by laws and regulations.
Article 9 The establishment of employment agencies by labor departments at or above the county level shall be examined and approved by the labor administrative department at the same level.
The establishment of employment agencies in townships, towns and streets shall be examined and approved by the local county-level labor employment service agencies.
Article 10 Non-labor departments and individual citizens who want to set up employment agencies must apply to local employment service agencies at or above the county level with relevant certificates, and obtain employment agency licenses after passing the examination.
The establishment of a profit-making organization must be registered with the administrative department for industry and commerce with the approval document of the labor department.
Eleventh non labor departments and individual citizens run the employment agency to change its name and address, should be reported to the original application for approval of the employment agency for approval; If it is closed, the labor employment service agency will announce the cancellation and withdraw its employment introduction license.
Article 12 The name of an employment agency shall be determined according to the relevant provisions of the Ministry of Labor.
Chapter III Duties and Responsibilities
Thirteenth employment agencies should register the job hunting of workers and the recruitment of employers.
Article 14 An employment agency shall provide job seekers with information on their professional needs and recommend employers for job seekers.
Job seekers refer to unemployed people in cities and towns, on-the-job workers who need to change jobs, rural surplus labor force and other personnel registered in employment agencies.
Fifteenth employment agencies should provide labor resources information to the employer and recommend job seekers for the employer.
Article 16 Employment agencies shall provide guidance and consultation on the employment of workers and the recruitment of employers, conduct quality tests and evaluations on job seekers, help them understand their professional conditions, master job-seeking methods, guide employers to correctly choose recruitment methods, and implement the recruitment standards stipulated by the state.
Seventeenth employment agencies should provide vocational training and employment training institutions with vocational demand information and recommend people who need training.
Eighteenth employment agencies should provide special services for special groups and long-term unemployed people.
Nineteenth employment agencies can organize labor exchange and negotiation activities, and can also organize labor contracting, labor cooperation and other activities to provide direct employment services for job seekers.
Twentieth employment agencies can carry out services such as recommending temporary employment and family service personnel according to needs.
Twenty-first employment agencies should establish a labor market information database, carry out labor supply and demand forecasting, provide labor information consulting services, collect, manage and regularly publish labor market information.
The employment agencies run by the labor department should be equipped with computers, and develop and use computer software according to the unified national norms.
Twenty-second comprehensive employment agencies run by the labor department are entrusted by the labor administrative department to carry out services such as handling employment procedures, issuing relevant certificates, keeping files for job seekers and distributing unemployment insurance benefits.
Article 23 The staff of an employment agency shall be familiar with the laws, regulations and policies related to employment, have the corresponding knowledge and working ability, have been trained in job introduction qualification and hold a job introduction qualification certificate.
Twenty-fourth staff of employment agencies must implement the norms and standards of employment service, wearing a unified printed work badge.
Chapter IV Management
Twenty-fifth labor employment service institutions at or above the county level shall, under the leadership of the labor administrative department at the same level, perform the following duties in organizing and implementing local employment introduction work:
(a) the implementation of relevant employment laws and regulations;
(two) to formulate and implement the development plan and work plan of the occupation introduction work;
(three) to formulate the norms and standards of occupation introduction service;
(4) Handling the licensing procedures for employment introduction;
(five) summarize the local labor supply and demand information, establish a forecasting system;
(6) Training employment agencies and issuing employment agency qualification certificates;
(seven) other duties as prescribed by laws and regulations.
County-level labor employment service agencies should also be responsible for the guidance and management of township labor service stations and institutes.
Article 26 The employment introduction license shall be printed by the labor employment service agencies of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the unified format stipulated by the Ministry of Labor.
Employment permit issued by the local labor employment service agencies, the implementation of the annual inspection system.
Article 27 Employment agencies run by non-labor departments and individual citizens shall comply with the following provisions:
(a) must work within the business scope approved by the labor and employment service agencies;
(two) the service object must be the employer or job seeker within the administrative area;
(three) regularly report to the local labor and employment service agencies, fill in statistical statements according to regulations, and accept supervision and inspection;
(four) its staff shall receive professional training in accordance with the provisions and obtain corresponding qualifications.
Twenty-eighth employment agencies and employers to publish, broadcast, post recruitment, recruitment advertisements, must be approved by the local labor employment service agencies, in accordance with the relevant provisions.
Twenty-ninth the funds needed by the employment agencies run by the labor department shall be allocated by the local finance or subsidized by the local finance in balance allocation. The funds required for employment agencies run by non-labor departments shall be solved by themselves.
Thirtieth occupation introduction can charge intermediary service fees. The intermediary service fee is paid by both the employer and the job seeker. The specific standards shall be determined by the labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the local finance and price departments.
For-profit employment agencies run by non-labor departments and individual citizens shall pay taxes and fees in accordance with relevant regulations.
Thirty-first employment agencies to provide free services to special groups and long-term unemployed people, can be subsidized from employment funds and unemployment insurance funds.
Chapter V Punishment Rules
Article 32 Anyone who, in violation of the provisions of Article 10 of these Provisions, runs an employment agency without obtaining an employment agency license shall be ordered by the labor administrative department to suspend business, his illegal income shall be confiscated and he shall be fined 5 to 10 times of his illegal income.
Article 33 Whoever, in violation of Article 27 of these regulations, engages in employment introduction activities beyond the prescribed business scope shall be ordered by the labor administrative department to make corrections, and his illegal income shall be confiscated.
Article 34 Anyone who, in violation of Article 28 of the present Provisions, publishes, plays or posts a job advertisement without the approval of the labor employment service agency shall be ordered by the labor administrative department to make corrections and submitted to the administrative department for industry and commerce for punishment.
Thirty-fifth in violation of the provisions of article thirtieth, more than the prescribed standard fees, the labor administrative department shall order it to make corrections within a time limit; If the circumstances are serious, a fine of five to ten times the illegal income may be imposed, and the business license shall be revoked.
Thirty-sixth in the occupation introduction activities, the labor administrative department shall impose a fine of five to ten times the illegal income; If a crime is constituted, criminal responsibility shall be investigated according to law. If it causes damage to job seekers, it shall also be liable for compensation.
Thirty-seventh in violation of other laws and regulations in employment activities, shall be punished in accordance with the relevant provisions.
Chapter VI Supplementary Provisions
Article 38 In the event of a dispute between an employer or a job seeker and an employment agency, it may be submitted to the labor administrative department for adjudication. Those who refuse to accept the ruling shall be executed in accordance with the relevant provisions of administrative reconsideration.
Thirty-ninth occupation introduction involving overseas employment and entry employment of overseas personnel must be licensed, and the specific measures shall be implemented in accordance with relevant regulations.
Article 40 The labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government may formulate implementation measures in accordance with these Provisions.
Article 41 These Provisions shall come into force as of the date of promulgation. 1990 1 6, the Interim Provisions on Employment Agency was abolished at the same time.
1995165438+1October 9