(Promulgated by the Ministry of Personnel and the State Administration for Industry and Commerce on the Revision of the Provisions on the Administration of the Talent Market of the Ministry of Personnel and the State Administration for Industry and Commerce on March 22, 2005, the Ministry of Personnel and the State Administration for Industry and Commerce The revision is based on the second revision of the Decision of the Ministry of Human Resources and Social Security on the Revision of Some Regulations, dated 30 April 2015,
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the relevant laws and regulations of the People 's Republic of China on the establishment and perfection of a sound talent market system in which the mechanism is sound, the operation is standardized, the service is thorough, the supervision and supervision is strengthened, the allocation of human resources is optimized, the personnel market activities are regulated, and the legal rights and interests of the employing units and personnel intermediary service organizations are established. Laws, regulations, the development of these provisions.
Article 2 The term "talent market management" as mentioned in these Provisions refers to the management of personnel intermediary service agencies engaged in personnel intermediary service, recruitment of employing units and individual candidates and related activities.
Talent market service object refers to all types of employers and have a secondary or higher qualifications or obtain professional and technical qualifications of personnel, and other engaged in professional technical or management personnel.
Article 3 The activities of the talent market shall abide by the laws, regulations and policies of the state, adhere to the principles of openness, equality, competition and merit, and carry out self-employment by units and individuals.
Article 4 The personnel administration department at or above the county level shall be an integrated management department for the talent market, and the industrial and commercial administrative departments at or above the county level shall supervise and administer the personnel market within the scope of their duties.
Chapter II Talent Intermediary Service Organization
Article 5 "Personnel intermediary service institutions" as mentioned in the present Provisions refer to organizations that provide franchised or concurrent services for intermediary services and other related services for employing units and talents.
Personnel intermediary service institutions should be set in line with the needs of economic and social development, according to the development of the talent market requirements, overall planning, rational distribution.
Article 6 The following conditions shall be met for the establishment of a talent intermediary service institution:
(1) having facilities and facilities suitable for carrying out the personnel intermediary business;
(2) 5 full-time staff members who have a college education or above, who have obtained the qualification certificate of qualified personnel intermediary service;
(3) having a sound and feasible working charter and system;
(4) having the capability of independently assuming civil liability;
(5) having other conditions as prescribed by the relevant laws and regulations.
Article 7 The establishment of a talent intermediary service organization may apply to the government personnel administration department through letters, telegrams, telexes, facsimiles, electronic data interchange and e-mail, etc., and submit relevant supporting documents as required by Article 6 of these Provisions. The establishment of a fixed exchange of personnel places, to do special instructions.
Without the approval of the government personnel administration department, may not establish the talent intermediary service organization.
Article 8 The establishment of a talent intermediary service institution shall be subject to the examination and approval by the administrative department of personnel under the county or above level (hereinafter referred to as the examination and approval authority) in accordance with the administrative authority.
State Council ministries and commissions, directly under the institutions and their immediate institutions in Beijing and the central enterprises in Beijing, a national association for the establishment of personnel intermediary service agencies, approved by the Ministry of Personnel. The Central People's Government shall apply for the establishment of a talent intermediary service organization in the local subordinate unit, which shall be examined and approved by the local personnel administrative department of the province where it is located.
Personnel intermediary service agencies to set up branches, should be in the original approval of the written consent of the authorities, by the branch of the seat of local government personnel administration for approval.
The government personnel administration department shall establish and improve the licensing system for the personnel intermediary service agencies and publish the approval procedures, the deadline and the catalog of all the materials to be submitted, and the list of the approved personnel intermediary service agencies on the administrative organ website.
Article 9 The examining and approving organ shall, within 20 days from the date of receipt of the application for the establishment of a talent intermediary service institution, fail to make a decision within 20 days, and may, after approval by the person in charge of the administrative organ, extend it for 10 days. The applicant shall be informed of the reasons for the term.
If the consent is granted, the Permit shall be issued to the applicant within 10 days from the date of making the decision, and the license shall be served on the applicant. If not, the applicant shall be informed in writing and the applicant shall be notified in writing. Explain the reasons.
Article 10 Internet information service providers who are engaged in franchising or concurrently engaging in human resource information network intermediary services must apply for a license.
Article 11 A foreign company, enterprise or other economic organization that engages in human resource intermediary or related business shall engage in human resource intermediary service activities within the territory of China and must engage in joint ventures with the personnel intermediary service agencies in China. The establishment of a Sino-foreign joint venture intermediary shall comply with the provisions of the laws and regulations of the Chinese-foreign joint venture, and shall be examined and approved by the provincial government personnel administration department where the institution is to be set up and submitted to the Ministry of Personnel for filing and other relevant formalities.
Investors from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Taiwan Region shall set up a joint venture intermediary agency in the Mainland, with reference to the preceding paragraph. Where any law or regulation provides otherwise, such provisions shall prevail.
Article 12 Talent intermediary service agencies may engage in the following business:
(1) the collection, collation, storage, release and consulting service of the talent supply and demand information;
(2) talent information network service;
(3) Talent recommendation;
(4) Recruitment;
(5) personnel training;
(6) Talent evaluation;
(7) Other relevant business as prescribed by laws, rules and regulations.
The examination and approval authority may approve one or more business operations according to the economic and social development needs of the region or industry where the intermediary service agency is located, and the equipment conditions, personnel and management conditions of the personnel intermediary service organization itself.
Article 13 Personnel intermediary service agencies shall carry out business operations in accordance with the law and shall not operate beyond the scope of business approved by the license. They shall not engage in intermediary activities by means of unfair competition and shall not provide false information or make false promises.
Article 14 Personnel intermediary service agencies shall disclose the contents and working procedures of public services and publicize the items and standards for charges. Charges and standards, should be consistent with national and provincial, autonomous regions and municipalities of the relevant provisions.
Article 15 The examining and approving organ is responsible for examining or spot checking the personnel intermediary service institutions approved by it, and may inspect or request them to submit the relevant materials. Personnel intermediary service agencies shall be subject to inspection, and truthfully provide relevant information and materials. The examining and approving organ shall publish the inspection results.
Article 16 Where a personnel intermediary service institution has changed its name, domicile, business scope, legal representative and the circumstances such as suspension of business or termination, it shall go through the formalities of alteration or deregistration according to the original examination and approval procedures.
Article 17 Intermediary service agencies may establish trade associations, coordinate activities within the industry, promote fair competition, improve service quality, standardize professional ethics, and safeguard the legitimate rights and interests of industry members.
Chapter III Personnel Agency
Article 18 Personnel intermediary service agencies may, within the stipulated business scope, accept the entrustment of employing units and individuals and engage in various personnel agency services.
Article 19 The following personnel agency business must be authorized by the government personnel administration department.
(1) Personnel file management of mobile personnel;
(2) to go abroad for political examination;
(3) to declare or organize the examination and assessment of the qualifications for professional and technical posts within the prescribed scope;
(4) to transfer positive votes and to approve the length of service;
(5) to receive formalities for college graduates;
(6) other matters requiring authorization of personnel affairs.
Article 20 Personnel agency may be entrusted by the collective agency, but also by the individual commissioned by the agent; can be a number of principal-agent can also be a single agent; can be entrusted to the whole unit agent, but also some agents commissioned agents.
Article 21 In handling the entrusted personnel agency, the unit shall submit valid documents and power of attorney to the agency to determine the entrusted agency project. After agency examination and approval, the agency and the commissioned agency signed a personnel agency contract, clear the rights and obligations of both parties, the establishment of personnel agency relationship.
Individual commissioned personnel agency, according to the different circumstances of the commission, the agent must submit a copy of the relevant documents and documents related to the agent. The agency agency, the agency signed an agreement with the personal agency of personnel, to establish personnel agency relationship.
Chapter IV Recruitment and Application
Article 22 Where a personnel intermediary service organization organizes a talent exchange meeting, it shall formulate corresponding organization and implementation measures, contingency plans and work plans for safety and security work, and shall, on the basis of the authenticity of the main qualifications of the recruitment units participating in the personnel exchange meeting, Authenticity to verify, the recruitment of activities to manage.
Article 23 An employing unit may recruit talents through entrusting personnel intermediary service agencies, participating in personnel exchange meetings, publishing information in the public media and the Internet, and other lawful means.
Article 24 An employing unit shall openly publish the personnel or the business license (copy) approved by the relevant department, and truthfully announce the number, position and conditions of the personnel to be employed.
Employers may not refuse to hire or raise employment standards on the grounds of ethnic or religious beliefs when recruiting qualified personnel. In addition to jobs that are not suitable for women, the employer may not refuse to recruit women or increase their recruitment conditions on the basis of sex.
Article 25 An employing unit shall not recruit personnel in any name to collect fees from candidates, and shall not commit fraudulent activities or seek other illegal interests through other means.
Article 26 Personnel intermediary service agencies shall, in various forms and in various media (including the Internet), issue advertisements for job advertisements to the employing units shall not go beyond the scope of the permitted business. Advertisers may not post job advertisements for intermediaries that exceed the permitted scope or without a license.
Article 27 An employing unit shall not recruit the following persons:
(1) Being responsible for the key technical and managerial personnel of the national and provincial key projects and scientific research projects, without the consent of the unit or the competent department;
(2) those who have been sent to Xinjiang and Tibet by the unified nationals and who have not yet completed the rotation;
(3) Being engaged in personnel involved in national security or important confidential work;
(4) those who are suspected of being in violation of the law and discipline are being examined and legally closed;
And (5) persons who are required by laws and regulations to temporarily move other special positions.
Article 28 Talent recruitment can be conducted through the personnel intermediary service agencies, talent information network, talent exchange or direct contact with the employing units and other forms. Documents issued at the time of application and resume and other related materials must be true and effective.
Article 29 Candidates who choose to leave the original unit shall abide by the contract or agreement signed with the original unit in accordance with the relevant policies and regulations of the State and shall not leave without authorization.
Through resignation or transfer to leave the original unit, should be in accordance with the relevant state resignation, transfer provisions of the formalities.
Article 30 In the case of candidates who meet the requirements of the National Talent Mobility Policy, their units shall handle relevant formalities in time, and provide supporting documents and related materials in accordance with the relevant provisions of the State, and shall not set other restrictions beyond those prescribed by the State.
If there is no contract, the unit may be appropriate to receive training fees, the standard back to the unit after training by the number of years of service, according to the annual decline in the amount of training fees, the amount of training fees for each unit, 20% of the calculation.
Article 31 Applicants shall not take away the original technical information, equipment or the like of the original unit at the time of application and leaving the original unit, and shall not infringe upon the intellectual property rights, trade secrets and other legitimate rights and interests of the original unit.
Article 32 After determining the employment relationship, the employing unit and the applicant shall sign an employment contract or a labor contract according to law on the basis of equality, voluntariness and consensus.
Chapter V Penalty Provisions
Article 33 Whoever, in violation of these Provisions, establishes personnel intermediary service agencies or engage in personnel intermediary service activities without the approval of the government personnel administration department shall be ordered by the administrative department for personnel and personnel of the county level or above to cease and be fined not more than 10,000 yuan; The fine may not be more than 3 times the illegal income, but the maximum shall not exceed 30,000 yuan.
In case of violation of these Provisions and without the approval of the personnel administration department of the People 's Republic of China, the personnel administrative department of the people' s government at or above the provincial level shall be punished in accordance with the provisions of the preceding paragraph.
Article 34 Where a personnel intermediary service institution violates these Provisions and enlarges its scope of business without authorization, fails to accept the inspection or provide false materials or fails to go through the formalities for alteration of licenses in accordance with the relevant provisions, the personnel administrative departments above the county level shall give warnings, The illegal gains shall be confiscated and a fine not exceeding 3 times of the illegal gains shall be imposed, but the maximum amount shall not exceed 30,000 yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification.
Article 35 Whoever, in violation of these Provisions, is engaged in the personnel agency business without the authorization of the government personnel administration department shall be ordered by the personnel administrative department at or above the county level to stop immediately and be fined not more than 10,000 yuan. If the illegal proceeds are obtained, Illegal income 3 times the fine, but the maximum shall not exceed 30,000 yuan; the circumstances are serious, and ordered to suspend business for rectification.
Article 36 Where a personnel intermediary service institution violates these Provisions and accepts agency business beyond the permitted scope of business, the personnel administrative department at or above the county level shall give a warning and correct within a time limit and impose a fine of 10,000 yuan.
Article 37 Where an employer, in violation of these Provisions, refuses to hire or raise employment standards on the grounds of nationality, sex or religion, and recruits non-recruiting personnel, and collects fees from the applicant or adopts fraudulent means to seek illegal interests, The personnel administrative department of the government at or above the county level shall order it to make corrections; if the circumstances are serious, a fine of not more than 10,000 yuan shall be imposed concurrently.
Article 38 Any individual who, in violation of these Provisions, causes any loss to the original unit shall be liable for compensation.
Article 39 Where an employing unit, an intermediary service agency for human resources, or an advertisement publisher issues a false advertisement for employment advertisements, the administrative department for industry and commerce shall impose a fine according to Article 37 of the Advertising Law.
If the advertising intermediary service agency publishes advertisements beyond the permitted scope of business and the advertisement publisher publishes advertisements in excess of the permitted business scope or without a license, the administrative department for industry and commerce shall impose a fine of not more than 10,000 yuan; if there is any illegal income, More than 3 times the illegal income of a fine, but the maximum shall not exceed 30,000 yuan.
Article 40 In case a personnel intermediary acts in violation of the industrial and commercial administrative regulations, it shall be investigated and dealt with by the administrative department for industry and commerce in accordance with the relevant provisions.
Chapter VI Supplementary Provisions
Article 41 The Ministry of Personnel and the State Administration for Industry and Commerce shall be responsible for the interpretation of these Provisions.
Article 42 These Provisions shall go into effect as of October 1, 2001. January 29, 1996 the Ministry of Personnel issued the "Interim Provisions on the management of the talent market" (Human [1996] 11) at the same time abolished.
Ministry of Human Resources and Social Security
May 13, 2015