Provisions on Employment Service and Employment Management (Revised in 2018)
Provisions on Employment Service and Employment Management (Revised in 2018)
Provisions on Employment Service and Employment Management (Revised in 2018)
Order of the Ministry of Human Resources and Social Security of the People's Republic of China No.38
December 14, 2018
(Promulgated according to the Order of the Ministry of Labor and Social Security No.28 on November 5, 2007; revised in accordance with the Decision of the Ministry of Human Resources and Social Security on Revising the Provisions on Employment Service and Employment Administration on December 23, 2014; revised for the second time according to the Decision of the Ministry of Human Resources and Social Security on Revising Certain Rules and Regulations on April 30, 2015; and revised for the third time according to the Decision of the Ministry of Human Resources and Social Security on Revising Certain Rules on December 14, 2018)
Chapter I General Provisions
Article 1 The Provisions on Employment Service and Employment Management (hereinafter referred to as the "Provisions") are formulated in accordance with the Employment Promotion Law as well as other laws and administrative regulations in order to improve employment service and intensify employment management, foster and perfect a unified, open human resources market with orderly competition, and provide services for employment of workers and recruitment of workers by employers.
Article 2 The Provisions shall apply to the job applications and employment of the workers, the recruitment of workers by employers and, provision of employment service activities by public employment service organs sponsored by labor and social security administrative departments and job intermediaries examined and approved by labor and social security administrative departments.
For the purpose of the Provisions, the employers refer to organizations such as enterprises, individual economic organizations, and private non-enterprise organizations within the territory of the People's Republic of China, as well as state organs, public institutions and social organizations which recruit workers with whom they enter into labor relations.
Article 3 Labor and social security administrative departments at and above the county level shall provide employment service and conduct employment management within their respective administrative areas in accordance with the law.
Chapter II Job Application and Employment
Article 4 Workers shall enjoy the right to be employed on an equal basis in accordance with the law. Any worker shall not be subject to any discrimination arising from differences in terms of nationality, race, gender and religious belief
Article 5 Rural workers seeking employment in urban areas shall enjoy an equal right of employment as urban workers do. It is not allowed to impose discriminatory restrictions upon rural workers seeking employment in urban areas.
Article 6 Workers are entitled to get employed at their own will in accordance with the law. Any worker who is no less than 16 years old, and has the working ability as well as the desire to get employed, may apply for a job by recommendation from public employment service organs or job intermediaries or by direct contact with employers or through other channels on strength of his or her identity documents.
Article 7 When seeking jobs, workers shall faithfully provide the public employment service organs or job intermediaries, and employers with their personal profiles and descriptions of their knowledge and skills, work experience, status quo of employment directly relating to the job posts they are applying for, and also present certifications thereof.
Article 8 Workers shall set up a proper concept when choosing their jobs, and enhance their employability and entrepreneurial abilities.
The State encourages workers to receive necessary professional education or training prior to employment, and also encourages graduates of urban junior and senior high schools to receive preparatory job trainings prior to employment.
The State encourages workers to launch their own businesses and seek jobs on their own. Labor and social security administrative departments at all levels shall work with the relevant competent departments, streamline procedures, enhance their working efficiency, and provide convenience and corresponding services for workers' launch of their own businesses and seeking of jobs on their own.
Chapter III Recruitment of Workers
Article 9 An employer is entitled to recruit workers at its own discretion in accordance with the law. When recruiting workers, each employer shall provide equal employment opportunities and fair employment conditions for all workers.
Article 10 Employers may recruit workers on their own in the following approaches:
1. entrusting public employment service organs or job intermediaries;
2. participating in job fairs;
3. entrusting mass media such as newspapers, radio channels, TV stations and websites to publish job information;
4. publishing job information by using their own resources such as premises and corporate websites; or
5. other legitimate approaches.
Article 11 Where an employer entrusts a public employment service organ or job intermediary with the recruitment of workers or participates in a job fair, such employer shall present the general rules of recruitment, duplicate of its business license or the official document issued by the competent authority in respect of approval of its establishment, identity documents of the personnel who deals with such business, and certificate of authorization by the employer.
The general rules of recruitment shall comprise items including basic conditions of the employer, number of workers to be recruited, job description, requirement for employment, labor remuneration, welfare and benefits, social insurance, as well as other details stipulated under laws and legislations.
Article 12 When recruiting workers, employers shall faithfully inform workers in accordance with the law of the relevant job tasks to be performed, working conditions, job sites, occupational hazards, work safety conditions, labor remuneration and other details required by workers.
Employers shall timely notify workers of whether or not they are employed, at the request of workers.
Article 13 Employers shall keep confidential the personal data of workers. Any publicity of personal data of workers and any use of workers' techniques and intellectual achievements shall be subject to the written consent of workers.
Article 14 Any employer shall not commit any of the following practices when recruiting workers:
1. providing false recruitment information, and releasing false recruitment advertisements;
2. detaining resident identity cards or other documents of the people employed;
3. collecting property from workers in the name of guaranty or in other names;
4. recruiting minors under the age of 16 and other people who shall not be employed as stipulated in the state laws and administrative regulations;
5. recruiting people without legitimate certificates; or
6. seeking unlawful profits or conducing other illegal activities in the name of recruitment of workers.
Article 15 Any employer shall not recruit workers by unfair means such as slandering any other employer's reputation or committing commercial bribery.
Article 16 When recruiting workers, any employer shall neither refuse to recruit women workers nor set down higher recruitment standards on female applicants for any reason in respect of gender, except for recruiting candidates for any types of work or job posts that are inappropriate for women.
When employing female workers, any employer shall not stipulate any restrictions on their marriage or childbirth in the labor contracts to be signed with them.
Article 17 When recruiting workers, any employer shall grant preferential treatments to workers of ethnic minorities to an appropriate extent in accordance with the law.
Article 18 When recruiting workers, any employer shall not discriminate the disabled.
Article 19 Any employer recruiting workers shall not refuse to employ any candidate on the ground that the candidate is a carrier of some infectious pathogen. However, any person who is found to be a carrier of infectious pathogen as verified by medical expertise shall not take up any work where it is easy to cause the spread of any infectious disease as stipulated by laws, administrative regulations and the public health administrative department of the State Council, before the said person is cured or excluded from being a suspect of spreading any infectious disease.
In recruiting workers, an employer may prohibit carriers of hepatitis B pathogen from taking up certain types of work as stipulated by state laws, administrative regulations and the public health administrative department of the State Council, and shall not forcibly take the hepatitis B virus serological indicator as one of the criteria of physical checkup.
Article 20 The general rules or advertisement for recruitment of workers published by any employer shall not contain any discriminatory information.
Article 21 When recruiting workers to engage in any special type of work with regard to public safety, human health, and safety of life and properties, an employer shall recruit those candidates with qualification certificates of the corresponding types of work.
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Order of the Ministry of Human Resources and Social Security of the People's Republic of China No.38
December 14, 2018
(Promulgated according to the Order of the Ministry of Labor and Social Security No.28 on November 5, 2007; revised in accordance with the Decision of the Ministry of Human Resources and Social Security on Revising the Provisions on Employment Service and Employment Administration on December 23, 2014; revised for the second time according to the Decision of the Ministry of Human Resources and Social Security on Revising Certain Rules and Regulations on April 30, 2015; and revised for the third time according to the Decision of the Ministry of Human Resources and Social Security on Revising Certain Rules on December 14, 2018)
Chapter I General Provisions
Article 1 The Provisions on Employment Service and Employment Management (hereinafter referred to as the "Provisions") are formulated in accordance with the Employment Promotion Law as well as other laws and administrative regulations in order to improve employment service and intensify employment management, foster and perfect a unified, open human resources market with orderly competition, and provide services for employment of workers and recruitment of workers by employers.
Article 2 The Provisions shall apply to the job applications and employment of the workers, the recruitment of workers by employers and, provision of employment service activities by public employment service organs sponsored by labor and social security administrative departments and job intermediaries examined and approved by labor and social security administrative departments.
For the purpose of the Provisions, the employers refer to organizations such as enterprises, individual economic organizations, and private non-enterprise organizations within the territory of the People's Republic of China, as well as state organs, public institutions and social organizations which recruit workers with whom they enter into labor relations.
Article 3 Labor and social security administrative departments at and above the county level shall provide employment service and conduct employment management within their respective administrative areas in accordance with the law.
Chapter II Job Application and Employment
Article 4 Workers shall enjoy the right to be employed on an equal basis in accordance with the law. Any worker shall not be subject to any discrimination arising from differences in terms of nationality, race, gender and religious belief
Article 5 Rural workers seeking employment in urban areas shall enjoy an equal right of employment as urban workers do. It is not allowed to impose discriminatory restrictions upon rural workers seeking employment in urban areas.
Article 6 Workers are entitled to get employed at their own will in accordance with the law. Any worker who is no less than 16 years old, and has the working ability as well as the desire to get employed, may apply for a job by recommendation from public employment service organs or job intermediaries or by direct contact with employers or through other channels on strength of his or her identity documents.
Article 7 When seeking jobs, workers shall faithfully provide the public employment service organs or job intermediaries, and employers with their personal profiles and descriptions of their knowledge and skills, work experience, status quo of employment directly relating to the job posts they are applying for, and also present certifications thereof.
Article 8 Workers shall set up a proper concept when choosing their jobs, and enhance their employability and entrepreneurial abilities.
The State encourages workers to receive necessary professional education or training prior to employment, and also encourages graduates of urban junior and senior high schools to receive preparatory job trainings prior to employment.
The State encourages workers to launch their own businesses and seek jobs on their own. Labor and social security administrative departments at all levels shall work with the relevant competent departments, streamline procedures, enhance their working efficiency, and provide convenience and corresponding services for workers' launch of their own businesses and seeking of jobs on their own.
Chapter III Recruitment of Workers
Article 9 An employer is entitled to recruit workers at its own discretion in accordance with the law. When recruiting workers, each employer shall provide equal employment opportunities and fair employment conditions for all workers.
Article 10 Employers may recruit workers on their own in the following approaches:
1. entrusting public employment service organs or job intermediaries;
2. participating in job fairs;
3. entrusting mass media such as newspapers, radio channels, TV stations and websites to publish job information;
4. publishing job information by using their own resources such as premises and corporate websites; or
5. other legitimate approaches.
Article 11 Where an employer entrusts a public employment service organ or job intermediary with the recruitment of workers or participates in a job fair, such employer shall present the general rules of recruitment, duplicate of its business license or the official document issued by the competent authority in respect of approval of its establishment, identity documents of the personnel who deals with such business, and certificate of authorization by the employer.
The general rules of recruitment shall comprise items including basic conditions of the employer, number of workers to be recruited, job description, requirement for employment, labor remuneration, welfare and benefits, social insurance, as well as other details stipulated under laws and legislations.
Article 12 When recruiting workers, employers shall faithfully inform workers in accordance with the law of the relevant job tasks to be performed, working conditions, job sites, occupational hazards, work safety conditions, labor remuneration and other details required by workers.
Employers shall timely notify workers of whether or not they are employed, at the request of workers.
Article 13 Employers shall keep confidential the personal data of workers. Any publicity of personal data of workers and any use of workers' techniques and intellectual achievements shall be subject to the written consent of workers.
Article 14 Any employer shall not commit any of the following practices when recruiting workers:
1. providing false recruitment information, and releasing false recruitment advertisements;
2. detaining resident identity cards or other documents of the people employed;
3. collecting property from workers in the name of guaranty or in other names;
4. recruiting minors under the age of 16 and other people who shall not be employed as stipulated in the state laws and administrative regulations;
5. recruiting people without legitimate certificates; or
6. seeking unlawful profits or conducing other illegal activities in the name of recruitment of workers.
Article 15 Any employer shall not recruit workers by unfair means such as slandering any other employer's reputation or committing commercial bribery.
Article 16 When recruiting workers, any employer shall neither refuse to recruit women workers nor set down higher recruitment standards on female applicants for any reason in respect of gender, except for recruiting candidates for any types of work or job posts that are inappropriate for women.
When employing female workers, any employer shall not stipulate any restrictions on their marriage or childbirth in the labor contracts to be signed with them.
Article 17 When recruiting workers, any employer shall grant preferential treatments to workers of ethnic minorities to an appropriate extent in accordance with the law.
Article 18 When recruiting workers, any employer shall not discriminate the disabled.
Article 19 Any employer recruiting workers shall not refuse to employ any candidate on the ground that the candidate is a carrier of some infectious pathogen. However, any person who is found to be a carrier of infectious pathogen as verified by medical expertise shall not take up any work where it is easy to cause the spread of any infectious disease as stipulated by laws, administrative regulations and the public health administrative department of the State Council, before the said person is cured or excluded from being a suspect of spreading any infectious disease.
In recruiting workers, an employer may prohibit carriers of hepatitis B pathogen from taking up certain types of work as stipulated by state laws, administrative regulations and the public health administrative department of the State Council, and shall not forcibly take the hepatitis B virus serological indicator as one of the criteria of physical checkup.
Article 20 The general rules or advertisement for recruitment of workers published by any employer shall not contain any discriminatory information.
Article 21 When recruiting workers to engage in any special type of work with regard to public safety, human health, and safety of life and properties, an employer shall recruit those candidates with qualification certificates of the corresponding types of work.
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