1. Since 2007, all employers in China have recruited employees who have formed labor relations according to law, and all units should go through the labor and employment filing procedures at the labor and social security administrative department at or above the county level where they are registered; By the end of 2008, all provinces, cities and counties in China should establish a labor employment filing system based on the signing of labor contracts, and rely on the special network of labor security business of the Golden Insurance Project to realize the data exchange and * * * sharing of labor employment information at the national, provincial and municipal levels, and basically build a national basic database of labor employment information.
2. The employment filing information of the employing unit shall include: name of the employing unit, legal representative, economic type, organization code, number of employees, name, gender, citizenship number, starting and ending time of signing a labor contract with employees, number of employees terminated or dissolved, name and time of employees, etc. The administrative departments of labor security of all provinces, autonomous regions and municipalities directly under the Central Government may appropriately increase the filing information according to actual needs.
3. Where the employing unit recruits new employees or renews the labor contract with employees, it shall file employment records within 30 days from the date of recruiting or renewing the labor contract. If the employer and the employee dissolve or terminate the labor contract, they shall file employment records within 7 days after the dissolution or termination of the labor contract.
4. After the name, legal representative, economic type and organization code of the employing unit are changed, the employment registration and change procedures shall be handled within 30 days. After cancellation, the employing unit shall go through the formalities of filing and cancellation of employment within 7 days.
5. If the registered place of the employer is inconsistent with the actual place of business, the administrative department of labor security of the actual place of business shall record the employment.
6, labor and social security administrative departments at all levels of labor wages, employment, unemployment, statistics and labor security supervision and other related institutions should strengthen coordination, do a good job in the labor and social security departments involved in labor and employment registration, realize resource sharing, and avoid repeated filing of the same content. According to the comprehensive, accurate, standardized and unified requirements of relevant data and information, a labor and employment ledger is established for each employer, and a labor and employment information database is gradually established and improved to realize the dynamic management of the implementation of the labor and employment and labor contract system of the employer.
7. Do a good job in filing employment services. Improve the labor and employment filing system, improve the workflow and operating procedures, and take direct filing, mailing filing, online filing and other ways to facilitate employers to handle labor and employment filing procedures.
8, strengthen the supervision and inspection of labor and employment for the record. It is necessary to establish channels for employees to inquire and report, so that employees can timely inquire whether the employer has filed employment records and whether the contents of the records are true. The employer who fails to perform the filing obligation, the filing content is untrue and fails to sign the labor contract according to law shall be ordered to make corrections within a time limit, and those who refuse to make corrections shall be punished accordingly.
9. Give full play to the role of employment filing information in government macro-management and market supervision. Regularly conduct comprehensive analysis of the information on the record of labor and employment within the jurisdiction, comprehensively grasp the stock, variables and labor contract signing of the employer, and provide decision-making basis for formulating labor security policies. In particular, it is necessary to dynamically grasp the situation of labor contracts signed by employers through labor employment filing, promptly urge employers to sign labor contracts with employees, and safeguard the legitimate rights and interests of both employees and employers.
Legal basis: People's Republic of China (PRC) Labor Contract Law.
Article 10 To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 16 A labor contract shall come into effect after the employer and the employee reach an agreement through consultation and sign or seal the text of the labor contract.