(165438+20091adopted at the 13th meeting of the Standing Committee of the Third Municipal People's Congress on October 24th)
Director Hou Xiaochuan, Director of the Municipal Human Resources and Social Security Bureau, Deputy Directors, Secretary-General and members:
On June 9, 2009, 165438+ The 54th executive meeting of the Municipal People's Government deliberated and adopted the Chongqing Employment Promotion Ordinance (Draft) and its explanation. Entrusted by the Municipal People's Government, the draft submitted for deliberation is hereby explained to the General Assembly as follows:
First, the necessity of legislation.
In recent years, the municipal party committee and the municipal government have attached great importance to promoting employment and issued a series of effective policies and measures. Since 2003, the total number of new jobs in cities and towns in our city has reached1359,500, which has helped 967,800 unemployed people in cities and transferred 7.78 million rural laborers. The employment situation in the city is basically stable. However, for a long time to come, the employment situation in our city is still not optimistic: first, the total supply of labor exceeds demand, and economic growth and employment demand cannot meet the needs of labor growth; Second, the employment stability is not high, and some employed people may be unemployed again at any time; Third, the quality of the labor force is low, and there is a serious shortage of skilled talents, especially high-skilled talents, which has become a "bottleneck" for the economic and social development of our city; Fourth, the public employment service system is relatively fragile and needs to be further strengthened. Therefore, in order to further implement the Employment Promotion Law, it is necessary to refine the stable financial discount system, financial support policies and training incentives into local regulations, establish a long-term mechanism to promote employment, effectively promote employment, and realize the benign interaction and balanced development of employment and economic development in our city on the basis of summarizing the successful experience of promoting employment in our city and according to the principles of the Employment Promotion Law.
Two. Review process and main contents
According to the arrangement of the legislative plan of the Standing Committee of the Municipal People's Congress and the municipal government in 2009, the Municipal Human Resources and Social Security Bureau, based on the legislative idea of implementing the employment promotion law and national policies, and focusing on solving outstanding problems in our work, drafted the draft for review on the basis of soliciting opinions from relevant municipal departments, district and county (autonomous county) people's governments and administrative counterparts for many times, and drawing on the experience of Jiangsu, Jiangxi, Henan and other provinces and cities. The Legislative Affairs Office of the municipal government and our bureau have extensively solicited public opinions; Held many seminars for municipal departments and employers, intermediaries and training institutions such as the Human Resources Department of Yangtze River Waterway Administration, Huawei Talent Market, Chongqing University Employment Center and Chongqing Vocational Training College for Nationalities; Invite the legal adviser of the municipal government, the legislative review committee and other relevant experts to conduct special argumentation. On the basis of absorbing the opinions of all parties and learning from the successful experiences of other places, the draft was revised and improved together with the Internal Affairs Committee of the Municipal People's Congress and the Legislative Affairs Committee of the Standing Committee of the Municipal People's Congress, and was submitted to the 54th executive meeting of the Municipal People's Government for deliberation and adoption on June 9, 2009.
* * * The draft consists of eight chapters and 56 articles. Apart from general provisions, supplementary provisions and legal responsibilities, it mainly regulates policy support, entrepreneurship support, employment service and management, vocational training and employment assistance.
Third, several issues that need to be explained
(1) Measures to promote employment
The draft integrates and refines the effective support measures of the state and the city to promote employment, and clarifies the scope of application and corresponding procedures: the application report for production and operation projects approved or approved by the government should predict employment positions and report it to the human resources and social security departments of the districts and counties (autonomous counties) where it is located for the record (Article 9); Applicable objects and conditions of financial discount for small secured loans (Article 10); Sources and scope of use of special funds for employment (Article 11); In order to improve the efficiency of the use of special funds, it is stipulated to make overall arrangements for special funds for employment promotion such as civil affairs, immigration, land, poverty alleviation and disability assistance (Article 12); In order to cope with the impact of changes in the economic situation on employment, support difficult enterprises, and stabilize jobs, the system of stable job subsidies and job-waiting training subsidies has been stipulated (article 14); In order to safeguard the legitimate rights and interests of migrant workers in cities, it is stipulated that policies and measures such as household registration transfer, children's schooling, public health, housing lease and social security should be further improved (Article 16).
(2) Measures to support entrepreneurship
In order to encourage and support entrepreneurship, the draft makes a special chapter: if the recognized vocational training institutions carry out entrepreneurship training for workers in this city who are willing to start a business, they will give training subsidies in accordance with relevant regulations (Article 20); The government provides business premises for workers to start businesses at low rent or free of charge (Article 2 1); For the relevant entrepreneurs to start a business, they can apply for a small secured loan and be subsidized by the finance (Article 22); Actively cultivate relevant social organizations that are conducive to promoting entrepreneurship (Article 23).
(3) Public employment service measures
The draft starts with strengthening the construction of the human resources market and strengthening the functions of public employment service agencies, and further regulates employment services and management activities: providing a human resources service platform for employers and workers, strengthening the construction of the human resources market information network and related facilities, and improving the information release system (Article 25); In order to regulate the behavior of public employment service institutions, the service items, sources of funds and performance appraisal system are stipulated (Articles 26 to 28); In order to grasp the basic situation of employment, the labor force survey and statistics system and the employment filing and unemployment registration system are stipulated (articles 29 to 32).
(4) Measures to ensure fair employment
In order to safeguard workers' equal employment rights and oppose employment discrimination, the draft stipulates that: except for the work prohibited by national laws, administrative regulations and the provisions of the health administrative department of the State Council, the employer shall not take the serological indicators of hepatitis B virus as the medical examination standard, emphasizing the prohibition of discrimination against hepatitis B virus carriers (Article 34, paragraph 2); Employers, advertising agents, advertising publishers, public employment service agencies and employment agencies shall not contain employment discrimination (paragraph 3 of Article 34); And stipulates the corresponding legal responsibilities (Article 5 1).
(5) About the vocational training system.
In order to encourage workers to participate in vocational training, improve their employability and promote stable employment, the draft has improved the vocational training system: in order to ensure the education and training of enterprise employees, the scope of use of education funds for enterprise employees is stipulated (Article 36); In order to encourage registered unemployed people and migrant workers to participate in vocational training, improve their vocational skills and obtain vocational qualification certificates, the vocational training subsidy system and vocational skill appraisal subsidy system are stipulated (Articles 37 and 40); In order to speed up the construction of talent highland, the training, use and incentive mechanism of high-skilled talents has been established (Article 38); In order to integrate training resources and improve training quality, the responsibility of the government to increase the construction of public training bases has been strengthened (Article 39); In order to ensure the quality of vocational training, it is stipulated that vocational training institutions should be determined by public means such as bidding, and a training quality evaluation system should be implemented (Article 41).
(6) About the employment assistance system
In order to help people with employment difficulties find jobs, the draft stipulates the employment assistance system: the scope of people with employment difficulties is defined (Article 42); In order to effectively help people with employment difficulties to achieve employment, measures such as the scope of public welfare posts, post subsidies, social insurance subsidies, employment subsidies, and legal aid have been stipulated (Articles 44 to 48).
Please consider whether the above explanation and the draft are appropriate.