Chapter VI Professional Intermediary Services
Forty-fifth administrative departments of labor security at or above the county level shall strengthen the management of professional intermediary institutions, encourage them to improve the quality of service and play their role in promoting employment.
The term "professional intermediary institutions" as mentioned in these Provisions refers to the business organizations that provide intermediary services and other related services for employers and workers to apply for jobs, organized by legal persons, other organizations and individual citizens.
Government departments shall not hold or jointly hold business professional intermediaries with others.
Forty-sixth professional intermediary activities should follow the principles of legality, honesty, credibility, fairness and openness.
It is forbidden for any organization or individual to use professional intermediary activities to infringe upon the legitimate rights and interests of workers and employers.
Forty-seventh professional intermediaries to implement the administrative licensing system. The establishment of professional intermediary institutions or other institutions to carry out professional intermediary activities must be approved by the administrative department of labor security and obtain a professional intermediary license.
A professional intermediary agency that has obtained a professional intermediary license upon approval shall register with the administrative department for industry and commerce with the license.
Institutions without legal permission and registration shall not engage in professional intermediary activities.
The license for employment agencies shall be uniformly printed by the Ministry of Labor and Social Security and distributed free of charge.
Article 48 The establishment of a professional intermediary institution shall meet the following conditions:
(1) Having clear articles of association and management system;
(2) Having a fixed place, office facilities and a certain amount of start-up capital necessary for conducting business;
(3) Having a certain number of full-time staff with corresponding professional qualifications;
(4) Other conditions stipulated by laws and regulations.
Article 49 To establish a professional intermediary institution, an application shall be submitted to the local administrative department of labor security at or above the county level, and the following documents shall be submitted:
(1) An application for establishment;
(2) Draft articles of association and management system;
(3) Proof of the right to use the place;
(4) Capital verification report of registered capital (gold);
(5) Basic information and identity certificate of the person-in-charge to be appointed;
(6) Relevant certificates of full-time personnel with corresponding professional qualifications;
(seven) other documents stipulated by laws and regulations.
Article 50 The administrative department of labor security shall complete the trial within 20 days from the date of accepting the application after receiving the application for the establishment of a professional intermediary institution. If it meets the requirements, it shall be approved; If it is not approved, it shall explain the reasons.
The administrative department of labor and social security shall conduct an annual inspection of the approved professional intermediary institutions.
Specific conditions such as the establishment, examination and approval, and annual inspection procedures of professional intermediary institutions shall be uniformly stipulated by the provincial labor and social security administrative department.
Article 51 A professional intermediary institution changes its name, domicile, legal representative and other matters. Or terminated, it shall go through the formalities for alteration or cancellation of registration in accordance with the procedures for establishing a license.
The establishment of a branch shall be approved by the administrative department of labor security at or above the county level where the branch is to be established after obtaining the written consent of the original examination and approval authority.
Article 52 Professional intermediaries may engage in the following businesses:
(a) to introduce the employer to the employees;
(2) Recommending laborers for employers and families;
(three) to carry out vocational guidance and human resource management consulting services;
(4) Collecting and publishing information on occupational supply and demand;
(5) Engaging in Internet professional information services according to the relevant provisions of the state;
(6) Organizing job fairs;
(seven) other services approved by the administrative department of labor security.
Article 53 A professional intermediary institution shall indicate its business license, professional intermediary license, service items, charging standards, name and telephone number of the supervisory organ, and accept the supervision and inspection by the administrative department of labor security and other relevant departments.
Article 54 A professional intermediary institution shall establish a service ledger to record the service object, service process, service result and charges, and accept the supervision and inspection by the administrative department of labor security.
Article 55 If a professional intermediary agency fails to provide professional intermediary services, it shall refund the intermediary service fees charged to the workers.
Fifty-sixth professional intermediary agencies to rent a venue to hold a large-scale talent recruitment meeting, it should formulate corresponding organizational implementation measures and security work plan, and report to the organ that approved its establishment for the record.
Occupation intermediary institutions shall verify the authenticity of the employer's main qualification and the authenticity of the recruitment brochure.
Fifty-seventh professional intermediary agencies to provide public welfare employment services for specific targets, can be given subsidies in accordance with the provisions. The scope, object, service effect and subsidy measures of public welfare employment services that can be subsidized shall be formulated by the provincial labor security administrative department jointly with relevant departments.
Fifty-eighth professional intermediaries are prohibited from having the following acts:
(1) Providing false employment information;
(2) The published employment information contains discriminatory contents;
(3) Forging, altering or transferring the professional intermediary license;
(four) to provide professional intermediary services for employers without legal licenses;
(5) employing/kloc-minors under 0/6 years of age;
(six) to provide employment intermediary services for workers without legal identity documents;
(seven) introduce workers to engage in occupations prohibited by laws and regulations;
(eight) the seizure of workers' identity cards and other documents, or to collect a deposit from workers;
(nine) to engage in professional intermediary activities by violence, coercion or fraud;
(10) Operating beyond the approved business scope;
(eleven) other acts in violation of laws and regulations.
Article 59 The administrative department of labor security at or above the county level shall, according to law, supervise and guide the professional intermediary institutions established after examination and approval to carry out professional intermediary activities, regularly organize the evaluation of their service credit and service quality, and announce the evaluation results to the public.
The administrative department of labor security at or above the county level shall guide the professional intermediary institutions to carry out staff training and improve service quality.
The administrative department of labor and social security at or above the county level shall commend and reward the professional intermediary institutions and individuals who have made outstanding performance in honest service, quality service and public welfare service after being approved by the people's government at the same level.
Article 60 The establishment of foreign-invested professional intermediary agencies and professional intermediary agencies engaged in overseas employment intermediary services shall be carried out in accordance with relevant regulations.