Laws of the Guangdong Province

Rules of Shenzhen Special Economic Zone on the Employment Service

(Promulgated by Decree No.40 of the Shenzhen Municipal Peoples Government on December 9, 1994, as revised at the 122th executive meeting of the Second Shenzhen Municipal People' s Government on January 26, 1999.)

Chapter ¢ñ General Provisions

Article 1 In order to meet the needs of the development of the labor market in Shenzhen Special Economic Zone (hereinafter referred to as Special Zone), normalize the activities of employment service, provide the service for obtaining employment, promote the reasonable circulation and allocation of labor, and maintain the order of the labor market, these rules are formulated according to relevant laws and regulations of the State and combining with the actual circumstances of Special Zone.

Article 2 These rules shall be applicable to the activities of employment service in Special Zone.

These rules shall not be applicable to the activities that the state organ employs civil servant as well as the institution, state-owned enterprise or state-owned holding company employs senior management.

Article 3 The employer in Special Zone may recruit employee by entrust employment agency or through it.

"Employer" in these rules refers to the state organ, enterprise of any kind, institution, mass organization, individual business or specialized household in Special Zone that needs to employ employees.

"Employment agency" in these rules refers to the enterprise as legal person incorporated according to these rules, which seeks employment for job seeker or provides employee for the employer.

Article 4 The resident, who has registered permanent residence in Shenzhen Municipality, has reached the age of 16 years and meets the employment requirements of the employer, may be registered for employment at the employment agency.

If the citizen, who has no registered permanent residence in Shenzhen Municipality, seeks employment in Special Zone, he shall meets the employment requirements provided in the Regulations of Shenzhen Special Economic Zone on Laborers.

Article 5 When the employment agency in Special Zone engages in the activities of employment service, it shall preferentially recommend the citizen of Special Zone to obtain employment£¬and offer employment help to the disabled or other persons of Special Zone who need help according to law.

Article 6 The activities of employment service shall observe the laws and regulations of the State and embody the principles of equal consultation and free choice.

Article 7 The administrative department for labor of Shenzhen Municipality (hereinafter referred to as the municipal competent department of employment service) shall administer and supervise the activities of employment service in Special Zone.

Chapter ¢ò Employment Agency

Article 8 The People' s Government of Shenzhen Municipality shall carry out the system of employment agency registration for the unit that engages in the business of employment service in Special Zone.

Article 9 Any agency engaging in the business of employment service in Special Zone may not undertake employment service, until it gets registered by the competent department of employment service, obtains the registration certificate of employment service (hereinafter referred to as the registration certificate) and get registered by the department of industry and commerce.

Article 10 The employment agency applying for registration shall satisfy the following requirements:

(1) having own name and institutional framework;

(2) having fixed place for employment service;

(3) having necessary business facilities and capitals;

(4) having definite business scope and service aim;

(5) having more than 2 workers, who shall have certain common knowledge about the labor business or working experience of employment service and shall be college graduates;

(6) having constitution that accords with laws and regulations or internal managerial system;

(7) other essential conditions provided by the municipal competent department of employment service.

The municipal competent department of employment service may make macro control over the amount and scale of the employment agencies in the municipality or district according to the social and economic developing situation of Special Zone and the supply or demand situation of labor.

Article 11 The municipal competent department of employment service shall examine the applicant' s qualification according to the provisions of Article 10 and 17 of these rules and issue the registration certificate to the applicant according with the requirements of these rules within 30 days from the date on which the application is accepted; For the application not according with the requirements of these rules, it shall not grant registration and inform the applicant of the reason in writing.

Article 12 The registration certificate shall explicitly record the name, address of business, business scope of the employment agency and its duration of validity.

If the employment agency changes its name, address of business or business scope, it shall acquire the consent of the municipal competent department of employment service and change its registration certificate.

Article 13 The employment agency may engage in the following business:

(1) to publish and broadcast the advertisement of job offering or seeking;

(2) to conduct the job seeking registration f and provide relevant materials and employment information of the employer to job seekers;

(3) to conduct the job offering registration, and provide the information about the labor resource to employers;

(4) to introduce jobs to the job seekers and recommend job seekers to employers;

(5) to provide the discussing place to employers and the job seekers;

(6) to provide employment directions and consulting service;

(7) to go through the recruitment formalities on behalf of others;

(8) to accept entrustment of employers to train the recruited employees before they start work;

(9) to organize the exchange of labor or cooperating activities;

(10) other activities relevant to the employment service provided in laws, regulations and rules.

Article 14 The employment agency shall not engage in the activities of abducting and trafficing women and children or defrauding others, and shall not introduce jobs to the juveniles who have not reached the age of 16 years except that the laws and regulations provide otherwise.

Article 15 The employment agency shall pay taxes according to law.

Article 16 The municipal competent department of employment service shall carry out the system of annual examination to the registration certificate it issued. The employment agency shall report the business conditions of employment service last year to the municipal competent department of employment service and go through the formalities of annual examination in the first season of every year.

Article 17 If an employment agency is involved in one of the following circumstances, the municipal competent department of employment service has the right to refuse to issue the registration certificate:

(1) its name or planned name is the same as or familiar with the name of an another employment agency that is in operation, so that it may mislead others;

(2) it provides false materials to the competent department of employment service in order to apply for the registration certificate;

(3) it fails to satisfy the requirements provided in Article 10 of these rules.

Article 18 If an employment agency is involved in one of the following circumstances, the municipal competent department of employment service shall revoke its registration certificate:

(1) to make use of the employment agency to undertake the malfeasances;

(2) to seriously infringe on the lawful rights and interests of the job seeker;

(3) not to accord with the circumstances provided in Article 10 during its existing period.

Article 19 If the municipal competent department of employment service decides to revoke the registration certificate, it shall inform the employment agency in writing within 5 days from the date on which the decision is made.

Article 20 If the registration certificate of an employment agency is revoked, the municipal competent department of employment service shall conduct cancellation of the registration certificate according to provisions.

Article 21 No employment agency may lend, transfer or lease the registration certificate to others in any form.

Chapter ¢ó Procedures of Employment service

Article 22 If an employer employs employees by entrusting an employment agency or through employment agency, the employment agency may not allow it to fill in the Enrollment of Recruitment of Special Zone (hereinafter referred to as the enrollment of recruitment) until the employer has presented its effective Business License, certification of Legal representative and the identity document of the conductor or the employer.

If a job seeker seeks the job through a employment agency, the employment agency may not allow him to fill in the Enrollment of job seeking of Special Zone (hereinafter referred to as the enrollment of job seeking) until the job seeker has presented his identity document and educational level credentials.

Article 23 The employer and the job seeker shall truly fill in the enrollment.

Article 24 If an employer employs employee without registered permanent residence in Shenzhen Municipality, it shall hold the document of recruitment quota approved by the municipal administrative department of labor.

Article 25 The employment agency engaging in the service of employment service may collect the service fee. The concrete charging items and standards shall be drawn up by the municipal competent department of employment service, and shall be enforced after being examined and approved by the municipal department of price.

The charging items and standards of the employment agency shall be posted at the obvious location of the business place.

Chapter ¢ô Administration of Employment Agency

Article 26 The municipal competent department of employment service shall exercise the following administrative functions and powers to employment agencies:

(1) to supervise them to observe the laws, regulations and rules relevant to employment service;

(2) to direct and supervise them to undertake the activities of employment service according to its constitutions;

(3) to inspect the business place;

(4) to check and examine the register book and relevant materials, and may copy them;

(5) to supervise and urge them to report and send relevant report forms;

(6) to prevent, investigate and deal with the malfeasances in the activities of employment service;

(7) other functions and duties delegated in these rules.

Article 27 The municipal competent department of employment service shall publicize the names, addresses, registrations certificates and other materials about the employment agencies in the whole municipality to the public.

Article 28 The employment agency shall place the registration certificate at the obvious location of the business place during its business time.

Article 29 The employment agency shall not arbitrarily add the charging items or raise the charging standard, and shall not obtain the reward or other economic benefit for any reason except the provided fees.

Article 30 The internal management of the employment agency shall observe the following rules:

(1) to keep the register book and relevant materials for at least 5 years;

(2) to deposit the register book and relevant materials at the business place of the employment agency for the inspection of the competent department of employment service;

(3) to submit relevant designated report forms to the competent department of employment service within the designated time.

Article 31 The employment agency shall set up the information archives on the supply and demand of labor according to the conditions of the registration of job seeking or offering.

Chapter ¢õ Legal Responsibility

Article 32 Any one, who violates the provisions of Article 9 of these rules, illegally engaging in the employment service without registration certificate, the municipal competent department of employment service shall order him to stop the activities of employment service according to law, and impose a fine of one time of the illegal gains concurrently.

Article 33 If an employment agency intentionally publish or broadcast the false advertisement of recruitment or job seeking, or provide false information on the supply and demand of labor to employer or job seeker, the municipal competent department of labor shall impose a fine of 1,000 yuan every time; If the circumstances are serious, the municipal competent department of employment service shall revoke its registration certificate.

Article 34 If an employment agency violates the provisions of Article 14 of these rules, the municipal competent department of employment service shall order it to compensate the victim' s losses, impose a fine of 5 times of the illegal gains, and revoke its registration certificate. If the acts of relevant persons liable constitute crimes, they shall be investigated for criminal liabilities by the judicial department according to law.

Article 35 If an employment agency violates the provisions of Article 21 of these rules, the municipal competent department of employment service shall fine it 2,000 yuan and revoke its registration certificate.

Article 36 If an employment agency allow employer and job seeker to fill in the registration form or introduces job while they have not presented the effective certificate according to the provisions of Article 22 of these rules, the employment agency shall compensate losses caused.

Article 37 If an employer or a job seeker violates the provisions of Article 23 of these rules,

the party liable shall compensate losses caused.

Article 38 If an employment agency violates the provisions of the second paragraph of Article 25 of these rules, the municipal competent department of employment service shall order it to make correction and may fine it 500 yuan.

If an employment agency violates Article 29, the municipal competent department of employment service shall fine it 2,000 yuan. If the employment agency repeats malfeasances  and refuses to make correction, the municipal competent department of employment service shall revoke its registration certificate.

Article 39 If an employment agency violates one of the rules of Article 30 of these rules, the municipal competent department of employment service shall order it to make correction and may fine it 500 yuan.

Article 40 If the municipal competent department of employment service imposes fine to the party, it shall issue the Notice of Fine. The party shall pay it in full within 15 days from the date on which the notice is received. After receiving the fine, the municipal competent department of employment service shall draw a receipt of fine uniformly printed by the finance department to the party. The collected fine shall be totally turned over to the financial department at the same level, except that the laws and regulations provide otherwise.

Article 41 If a party is not satisfied with the decision of refusing to issue the registration certificate, or the decision of punishment made by the municipal competent department of employment service, he may apply for review to the organization for administrative review of the municipal people' s government within 15 days from receipt of the decision. If he is not satisfied with the review decision, he may file a lawsuit to the people' s court within 15 days from receipt of the decision. The party may also directly file a lawsuit to the people' s court within 15 days from receipt of the decision of refusing to issue the registration certificate or the decision of punishment. If the party faisl to apply for review or file a lawsuit within the time limit and refuse to perform the punishment decision, the municipal competent department of employment service shall apply to the people' s court for coercive enforcement.

Chapter ¢ö Supplementary Provisions

Article 42 Employment agencies established before the promulgation of these rules shall apply for the registration certificate within 3 months from the date on which these rules take effective, otherwise they shall be dealt with as operating without certificate.