Laws of the Guangdong Province

Regulations of the Shenzhen Special Economic Zone on the Qualified Persons Employment Market

(Adopted at the Sixteenth Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on June 26, 2002, promulgated on July 29, 2002, and put into force from October 1, 2002)

Chapter I General Provisions

       Article 1 In order to normalize the activities of the qualified persons employment market of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), protect the legal rights of the related units and individuals in the qualified persons employment market, and promote economic and social developments, these regulations are hereby formulated in accordance with the related laws, regulations, and in light of the practical conditions of the Special Zone.

       Article 2 These regulations shall apply to qualified persons in terms of inviting applications for a job, applying for a job, letting, and transferring, and also to the employment services and administration of the qualified persons employment market.

       The employment and resignation of civil servants shall be done according to the related rules of the state.

       Article 3 The qualified persons referred to in these regulations shall mean the personnel who have academic credentials of secondary specialized schools or higher education, or who have obtained qualifications for specialized professions, and who are engaged in professional and managerial work.

       The qualified persons employment market referred to in these regulations shall mean the market for qualified persons exchange and employment services and related activities under the supervision and administration of the administrative departments of personnel of the Municipal, District People' s Governments (hereinafter referred to as the departments of personnel).

       Article 4 The activities of the qualified persons employment market shall follow the principle of voluntary participation, self-determination, equality, fairness, truthfulness, honesty, and be conducive to the promotion of development, utilization and rational allocation of the resources of qualified persons.

       Article 5 The municipal, district departments of personnel shall be the departments in charge of the comprehensive administration of the qualified persons market in their respective administrative areas, and be responsible for the implementation of these regulations.

       The other related administrative departments shall do the related work of the administration of the qualified persons employment market according to their respective duties.

Chapter II Invitation to Apply for a Job and Application for a Job

       Article 6 Employing units shall have the right to make a decision themselves to invite qualified persons to apply for jobs.

       Any unit and individual shall not, in violation of the laws, regulations, and the related policies of the state, force an employing unit to accept their recommended persons; shall not interfere in an employing unit' s regular invitation to apply for jobs.

       Article 7 Employing units may adopt the following ways to invite qualified persons to apply for jobs:

(1)   to offer invitations by themselves through the legal sites of intermediary agencies of qualified persons employment (hereinafter referred to as intermediary agencies) for operation or qualified persons exchange meetings;

(2)   to entrust an intermediary agency;

(3)   to advertise in the mass media;

(4)   the other lawful ways.

Article 8 When entrusting an intermediary agency with a task or advertising in

the mass media to invite applications for jobs, an employing unit shall provide its business license or the approval document of its establishment. There shall be a specific and truthful announcement concerning the positions to be available for applying, the number of people to be employed, and the requirements, etc.

       Article 9 Employing units shall abide by the following stipulations in their invitation to apply for jobs:

(1)   there shall be no discriminatory rules based on nationality, region, gender, religious belief;

(2)   it shall be forbidden either to collect fees such as deposit, training charge, pooled fund, guaranty bond, etc., or to exploit the invitation for job applications to gain illegally in other ways;

(3)   it shall be forbidden to force applicants to provide their personal information not related to the jobs they apply for;

(4)   without consent of applicants, it shall be forbidden to make public their materials to apply for a job and their personal information, unless there are other stipulations in laws, regulations.

Article 10 Without consent of employing units, it shall be forbidden to

disseminate, make public the information concerning these units' invitation to apply for jobs.

       Article 11 After an applicant accepts an offer, an employing unit shall sign a labor contract with this applicant according to laws, regulations.

       Article 12 Qualified persons shall have the right to select jobs by themselves, the units which the qualified persons are affiliated with shall not interfere in and obstruct these persons' application for jobs without justification.

       The units which qualified persons are affiliated with referred to in these regulations shall mean the units which have the labor relationship with these persons.

       Article 13 If any qualified person is in one of the following situations, it shall not be allowed to resign to apply for a new job without approval:

(1)   assuming a national, provincial, or municipal major project of engineering, scientific research and having no approval of the unit which the person is affiliated with;

(2)   doing a job related to the national security and important confidential affairs;

(3)   being under investigation according to law before the case is closed;

(4)   belonging to the other categories of the personnel under control according to laws, regulations.

Article 14 When qualified persons resign and apply for new jobs, they shall

observe the labor contracts or agreements with the units which they are affiliated with.

       Article 15 When applying for jobs, qualified persons shall submit personal information strictly according to the facts, provide real certificates and other related testimonials.

       It shall be prohibited to fabricate, alter, buy and sell diplomas, qualification certificates, and to provide, use fake certificates and related testimonials.

       Article 16 Any unit and individual shall have the right to report or complain of the illegal activity in the qualified personnel employment market to the departments of personnel or other related departments. After receiving the reports or complaints, the departments of personnel shall promptly conduct investigations and impose punishments, and notify informers or complainants of the outcome of the investigations and punishments.

Chapter III Letting and Transferring of Qualified Persons

       Article 17 The units which qualified persons are affiliated with shall have the right to let or transfer the qualified persons, and to make a gain from it.

       Article 18 The letting of qualified persons referred to in these regulations shall mean that there is no change of the labor relationship between the persons and the units which they are affiliated with, these units assign their qualified persons to hiring units to work, and the hiring units pay the charge for letting of the qualified persons.

       The transferring of qualified persons referred to in these regulations shall mean that the units which the qualified persons are affiliated with terminate the labor relationship with the qualified persons, transfer them to transferee units, and the transferee units pay the charge for transferring of the qualified persons.

       Article 19 When letting or transferring qualified persons, the units which the qualified persons are affiliated with shall sign agreements of letting or transferring of the qualified persons with hiring units or transferee units.

       Agreements of letting of qualified persons shall be clear on the term of letting of the qualified persons, the work assignments, and the payment for the charge for letting of the qualified persons, etc.

       Agreements of transferring of qualified persons shall be clear on the termination of the original labor contracts with the transferred qualified persons, the conclusion of new labor contracts, and the payment for the charge for transferring of the qualified persons, etc.

       Article 20 The wishes of qualified persons to be let or transferred shall be respected in the process of letting or transferring of qualified persons, and their written consent shall be required.  

       Article 21 The lawful rights and interests of the qualified persons to be let or transferred in terms of working conditions, remuneration, social insurance, and other matters shall be guaranteed according to law in the process of letting or transferring of the qualified persons.

Chapter IV Services of Intermediary Agencies of Qualified Persons Employment

       Article 22 If an application is filed to the municipal department of personnel for the establishment of an intermediary agency, it shall accord with the plan of the development of the qualified persons employment market and satisfy the following requirements:

(1)   there should be a place and facilities of operation, which are suitable for the business of an intermediary agency of qualified persons employment, and the registered capital of more than 100,000 RMB;

(2)   there should be five full-time staff members who have the academic credentials of universities and polytechnics or higher education and hold the certificates of the qualifications for the intermediary services of qualified persons employment;

(3)   the other requirements prescribed by laws, regulations and rules.

Article 23 In order to undertake the intermediary services of qualified persons

employment, an intermediary agency shall obtain a practicing license issued by the municipal department of personnel.

       The practicing license shall indicate the name of the intermediary agency, legal representative, business address, business scope, term of validity, etc.

       If an intermediary agency of qualified persons employment, which has obtained a practicing license, is an enterprise, it shall register and obtain a business license at the department of industrial and commercial administration; if an intermediary agency of qualified persons employment, which has obtained a practicing license, is an institution, it shall register at an office in charge of the registration of institutions.

       Article 24 The municipal department of personnel shall make a decision within 30 days from the date of receiving an application. If an application is approved, a practicing license shall be issued; if an application is rejected, a written reply shall be given to the applicant and an explanation shall be made in this reply.

       Article 25 If an intermediary agency has something to change or is closed, it shall go through the related formalities at the municipal department of personnel and the departments in charge of registration as well.

       Article 26 There shall be an annual inspection of intermediary agencies. The annual inspection shall be undertaken by the municipal department of personnel in the first quarter of every year.

       Every year, the municipal department of personnel shall make public the establishment, change, and cancellation of intermediary agencies.

       Article 27 An intermediary agency shall put the original or a copy of its practicing license in a conspicuous spot of its dwelling place or business place.

       An intermediary agency shall not loan, transfer, let its practicing license to the others in any way.

       Article 28 When undertaking the business of the intermediary services of qualified persons employment, an intermediary agency may collect the intermediary service charge, and the rates of the charge shall be set by the department in charge of prices.

       An intermediary agency shall publish the items of services, the procedure of service, and the rates of charge.

       Article 29 An intermediary agency may engage in the following business:

(1)   to collect, sort out, store, and publish the information on the demand and supply of qualified persons;

(2)   to recommend, seek, let, or transfer qualified persons;

(3)   to seek senior qualified persons for employment;

(4)   to provide a negotiating place for employing units and qualified persons to apply for jobs;

(5)   to screen and evaluate qualified persons;

(6)   the other business indicated by the practicing license.

Article 30 Entrusted by the departments of personnel, intermediary agencies may

engage in the following business of personnel proxy:

(1)   to manage the personnel files;

(2)   to evaluate and apply for professional titles of professional and technical personnel;

(3)   to verify certificates such as diplomas, title qualifications, etc.;

(4)   to handle the procedures for bringing in qualified persons;

(5)   to collect and remit social insurance payments;

(6)   to do other business of personnel proxy which are indicated in their practicing licenses.

Article 31 It shall be prohibited for intermediary agencies to take the following

acts:

(1)   to provide a false ad of invitation to apply for jobs or false information;

(2)   to sign a false contract for cheating or to make a false promise which goes beyond contract;

(3)   to collude with employing units in cheating the qualified persons who apply for jobs;

(4)   to collect other fees than the charge for intermediary services in the name of themselves or employing units from the qualified persons who apply for jobs;

(5)   the other acts which are prohibited by laws, regulations, and rules.

Article 32 If an intermediary agency applies to hold a meeting for qualified

persons exchange, the following requirements shall be satisfied:

(1)   the name and contents of the meeting should accord with the related rules of the state and the business scope of the sponsor;

(2)   there should be a well-arranged plan of organization and security measures;

(3)   there should be a place suitable to the meeting for qualified persons exchange in terms of size.

In order to hold a meeting for qualified persons exchange, an intermediary agency

shall file a written application to the department of personnel, the department of personnel shall make a decision whether to approve the application within 5 business days from the date of receiving it; if an application is rejected, a written reply shall be given to the applicant and an explanation shall be made in the reply.

       Article 33 Any intermediary agency holding a meeting for qualified persons exchange shall comply with the related rules on urban management such as those on security, transportation, health, etc.

       Article 34 The internet websites of the intermediary services to provide the information of qualified persons employment shall be reported to the municipal department of personnel for record.

Chapter V Services to Seek Senior Qualified Persons for Employment

       Article 35 The provisions of this chapter shall apply to the activities of intermediary agencies in their seeking senior qualified persons for employing units. As to the activities this chapter does not have provisions relating to, the other provisions of these regulations shall apply.

       The senior qualified persons referred to in these regulations shall mean those who have senior professional and technical qualifications and also the others who are engaged in the work of high-level technology and management.

       Article 36 When seeking senior qualified persons for employment, an intermediary agency shall protect the commercial secrets of the entrusting unit, and keep confidential the wishes of senior qualified persons to apply for jobs.

       Article 37 The information of invitation to apply for jobs may not be made public in the activities of seeking senior qualified persons for employment.

       Article 38 The amount and the way of payment for the services of seeking senior qualified persons for employment shall be set by the intermediary agency and the entrusting party through consultation.

       Article 39 The services of seeking senior qualified persons for employment shall be done according to law, and shall not encroach upon the intellectual property rights, commercial secrets, and other lawful rights and interests of the units which the senior qualified persons are affiliated with.

       Article 40 Intermediary agencies shall not seek the senior qualified personnel who are in one of the situations listed in Article 13 of these regulations.

Chapter VI Administration and Supervision

       Article 41 The municipal department of personnel shall, in compliance with the needs of social and economic development and the overall plan of qualified personnel development, formulate and publish plans of the development of the qualified persons employment market on a regular basis, make rational arrangements for the qualified persons employment market, and promote the informationalization and modernization of the qualified persons employment market.

       Article 42 The departments of personnel shall establish a system of the statistical targets of qualified personnel, publish the forecast of the demand and supply of qualified persons on a regular basis, direct an orderly flow of qualified persons, and promote the rational allocation of qualified persons.

       Article 43 The departments of personnel shall make public the requirements, standards, deadline, and procedure of the administrative examination and approval, and provide top-notch, highly efficient, convenient services for the units and individuals related to the qualified persons employment market.

       Article 44 The departments of personnel shall administer and supervise the qualified persons employment market according to law, investigate and punish law-breaking acts, and protect the lawful rights and interests of the related units and individuals.

       Article 45 The departments of personnel shall put on record and publish on a regular basis the state of the honesty of the units and individuals cheating or practicing fraud in the activities of the qualified persons employment market.

Chapter VII Legal Liabilities

       Article 46 If an employing unit violates Article 9 of these regulations, the department of personnel shall order correction and give a warning to the responsible person; in case of violation of the second section of the said article, illegal earnings shall be confiscated, and a fine of more than 10,000 but less than 30,000 RMB shall be imposed.

       If an employing unit invites application for jobs from the qualified persons who may not resign to apply for jobs without approval according Article 13 of these regulations, the department of personnel shall give a warning and order correction.

       Article 47 If any qualified persons to apply for jobs violate Article 15 of these regulations, the department of personnel shall give a warning, and confiscate their false certificates and materials.

       Article 48 If the first section of Article 23 is violated by engaging in the intermediary services for the qualified persons employment without permit, the department of personnel shall order correction, confiscate illegal earnings, and impose a fine of more than 10,000 but less than 30,000 RMB on the law-breaking doer.

       Article 49 If any intermediary agency takes one of the following acts, the department of personnel shall order correction; if the circumstances are serious, the close down for rectification shall be ordered:

(1)   to fail to do annual inspection in violation of the first section of Article 26 of these regulations;

(2)   to loan, transfer or let a practicing license to the others in violation of the second section of Article 27 of these regulations;

(3)   to do the related business of personnel proxy without entrustment in violation of Article 30 of these regulations;

(4)   to fail to keep secrets for entrusting units and senior qualified persons in violation of Article 36 of these regulations;

(5)   to encroach upon the lawful rights and interests of the units which the senior qualified persons are affiliated with in violation of Article 39 of these regulations;

(6)   to seek for employment the senior qualified persons, who may not resign to apply for jobs without approval, in violation of Article 40 of these regulations.

       Article 50 If any intermediary agency takes one of the following acts, the department of personnel shall order correction, confiscate illegal earnings, and impose a fine of more than 10,000 but less than 30,000 RMB; if the circumstances are serious or there have been two administrative punishments in one year, the close-down for rectification shall be ordered, and the practicing license may be revoked:

(1)   to encroach upon the lawful rights and interests of qualified persons to apply for jobs or employing units in violation of Items (1), (2), (3) of Article 31 of these regulations;

(2)   to sponsor a meeting for qualified persons exchange without approval in violation of Article 32 of these regulations.

Article 51 If any intermediary agency violates the first section of Article 28, Item

(3) of Article 31 of these regulations, the department in charge of prices shall impose punishments.

Article 52 If there is any encroachment upon the lawful rights and interests of the

related units and individuals in the activities of the qualified persons employment market, the responsible person shall bear the civil responsibility according to law.

       Article 53 If Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration is violated in the activities of the qualified persons employment market, the department of public security shall impose punishments according to law; if a crime is constituted in law-breaking, the criminal responsibility shall be investigated into according to law.

       Article 54 If the staff members of the departments of personnel neglect duties, abuse power, and practice favoritism and engage in irregularities in the administration and supervision of the qualified persons employment market, the units which they are affiliated with or the offices of administrative supervision shall impose administrative sanctions; if a crime is constituted, the criminal responsibility shall be investigated into according to law.

Chapter VIII Supplementary Provisions