Interim Regulations on the human resources market

Chapter I General provisions

Article 1 These Regulations are formulated in accordance with the Employment Promotion Law of the People's Republic of China and other relevant laws in order to regulate the activities of the human resources market, promote the rational flow and optimal allocation of human resources, and promote employment and entrepreneurship.

Article 2 These Regulations shall apply to job hunting, recruitment and human resources services through the human resources market within the territory of the People's Republic of China.

Where laws, administrative regulations and regulations of The State Council provide otherwise on job hunting, recruitment and human resources services, such provisions shall prevail.

Article 3 Applying for jobs, recruiting and providing human resources services through the human resources market shall follow the principles of legality, fairness, honesty and credit.

Article 4 The administrative department of human resources and social security under The State Council shall be responsible for the overall planning and comprehensive management of the national human resources market.

The human resources and social security administrative departments of the local people's governments at or above the county level shall be responsible for the administration of the human resources market in their respective administrative areas.

The relevant departments of development and reform, education, public security, finance, commerce, taxation, market supervision and administration of the people's governments at or above the county level shall do a good job in the administration of the human resources market within the scope of their respective duties.

Article 5 The State shall strengthen the standardization of human resource services and give full play to the role of human resource service standards in industry guidance, service standardization and market supervision.

Article 6 The human resource service trade association shall, in accordance with the provisions of laws, regulations, rules and its articles of association, formulate self-discipline norms for the industry, promote the construction of industry integrity, improve service quality, guide and supervise the human resource service activities of its members, safeguard the legitimate rights and interests of its members, reflect the demands of its members, and promote fair competition in the industry.

The second chapter is the cultivation of human resource market

Article 7 The State establishes a unified, open, competitive and orderly human resources market system, gives play to the decisive role of the market in the allocation of human resources, improves the human resources development mechanism, stimulates the vitality of innovation, creation and entrepreneurship of human resources, and promotes the prosperity and development of the human resources market.

Article 8 The State establishes a mechanism for the flow and allocation of human resources through macro-control by the government, fair market competition, independent employment by units, independent job selection by individuals, and honest service by human resources service agencies, so as to promote the free and orderly flow of human resources.

Article 9 People's governments at or above the county level shall incorporate the construction of the human resource market into the national economic and social development plan, apply regional, industrial, land and other policies, promote the construction of the human resource market, develop professional and industrial human resource markets, encourage and standardize the development of high-end human resource services and other business forms, and raise the development level of the human resource service industry.

The state encourages social forces to participate in the construction of the human resources market.

Article 10 People's governments at or above the county level shall establish a supply and demand information system for the human resources market covering urban and rural areas and various industries, improve the market information release system, and provide services for job hunting and recruitment.

Article 11 The State guides and promotes the rational flow of human resources among government organs, enterprises, institutions and social organizations, as well as among different regions. No place or unit may, in violation of state regulations, set conditions restricting the flow of human resources in terms of household registration, region and identity.

Article 12 The administrative department of human resources and social security shall strengthen the supervision of human resources market, maintain market order and guarantee fair competition.

Article 13 The State encourages equal and mutually beneficial international cooperation and exchange of human resources, and fully develops and utilizes international and domestic human resources.

Chapter III Human resource service organization

Article 14 The term "human resource service organizations" as mentioned in these Regulations includes public human resource service organizations and commercial human resource service organizations.

Public human resources service institutions refer to public employment and personnel service institutions established by people's governments at or above the county level.

The term "profit-oriented human resource service institution" refers to the institution established according to law to engage in human resource service business activities.

Article 15 Public human resources service agencies shall not charge for the following services:

(a) the supply and demand of human resources, market wage guidance prices, vocational training and other information release;

(2) Job introductions, career guidance and guidance on starting a business;

(3) Consultation on policies and regulations on employment, entrepreneurship and talent;

(4) Providing employment assistance to those who have difficulty in finding employment;

(5) handling employment registration, unemployment registration and other affairs;

(6) go through the procedures for receiving graduates from institutions of higher learning, secondary vocational schools and technical schools;

(7) Personnel file management of mobile personnel;

(8) Other services as determined by the people's government at or above the county level.

Article 16 Public human resources service institutions shall strengthen information construction and constantly improve service quality and efficiency.

Funds for public human resources services are included in the government budget. The administrative department of human resources and social security shall strengthen the management of public human resources service funds according to law.

Article 17 The State supports for-profit human resources service institutions in providing public welfare human resources services through government purchase of services and other means.

Article 18 Profit-making human resources service agencies engaged in job intermediary activities shall apply for an administrative license from the administrative department of human resources and social security in accordance with the law and obtain a human resources service license.

Operating human resource service agencies that carry out human resource service services such as the collection and release of human resource supply and demand information, employment and entrepreneurship guidance, human resource management consulting, human resource assessment, human resource training, and undertaking human resource service outsourcing shall file with the human resources and social security administrative department within 15 days from the date of business operation.

Where a profit-making human resources service institution engages in labor dispatch business, the provisions of the State on labor dispatch shall be implemented.

Article 19 The administrative department of human resources and social security shall, within 20 days from the date of receiving the application of the for-profit human resources service agency to engage in job intermediary activities, make an administrative licensing decision according to law. If the conditions are met, the human resources service license shall be issued; If the conditions are not met, a written decision of disapproval shall be made and the reasons given.

Article 20 Where a profit-making human resources service institution establishes a branch, it shall, within 15 days from the date of completion of the industrial and commercial registration, report in writing to the human resources and social security administrative department where the branch is located.

Article 21 If a profit-making human resources service institution changes its name, domicile, legal representative or terminates its business activities, it shall report to the human resources and social security administrative department in writing within 15 days after the completion of the industrial and commercial change registration or cancellation registration.

Article 22 The administrative department of human resources and social security shall timely publish to the society the list of operating human resources service institutions that have obtained administrative licenses or have been filed and their changes and continuation.

The fourth chapter is the regulation of human resource market activities

Article 23 Individuals seeking employment shall truthfully provide their basic information as well as knowledge, skills, work experience and other information related to the position applied for.

Article 24 The recruitment information, such as the basic information of the unit, the number of recruitments, recruitment conditions, job content, work location, basic labor remuneration, etc. issued by the employing unit or provided to the human resources service agency shall be true and legal, and shall not contain any discriminatory content concerning ethnicity, race, sex, religious belief, etc.

Where an employing unit independently recruits personnel and needs to establish labor relations, it shall conclude labor contracts with laborers in accordance with law, and complete social insurance and other relevant procedures in accordance with relevant state regulations.

Article 25 The flow of human resources shall comply with the provisions of laws and regulations on the service period, employment restrictions, confidentiality and other aspects.

26th to accept the recruitment of personnel entrusted by the employer, the human resource service agency shall require the employer to provide the recruitment regulations, business licenses or documents approved by the relevant departments, the identity certificate of the manager, the entrustment certificate of the employer, and examine the authenticity and legality of the materials provided.

Article 27 When accepting the entrustment of an employer to recruit personnel or carry out other human resource services, a human resource service agency shall not resort to fraud, violence, coercion or other improper means, shall not seek improper benefits in the name of recruitment, and shall not introduce units or individuals to engage in illegal activities.

28th human resource service agencies held on-site job fairs, shall formulate the organization and implementation measures, emergency plans and security plans, verify the authenticity and legitimacy of the recruitment units participating in the job fair and their recruitment regulations, in advance of the information of the job fair to the public, and the recruitment activities in the management.

The holding of large-scale on-site job fairs shall comply with the Regulations on the Safety Management of Large-scale Mass Activities and other laws and regulations.

29th human resource service agencies release human resource supply and demand information, shall establish a sound information release review and complaint handling mechanism, to ensure that the released information is true, legal and effective.

If a human resource service agency collects employer and personal information in its business activities, it shall not disclose or illegally use the trade secrets and personal information it knows.

Article 30 Profit-making human resource service agencies that accept the outsourcing of human resource services entrusted by the employing unit shall not change the labor relationship between the employing unit and the individual, and shall not collude with the employing unit to infringe the lawful rights and interests of the individual.

Article 31 Human resource service agencies providing human resource services through the Internet shall comply with these Regulations and the State provisions on network security and Internet information service management.

Article 32 A for-profit human resources service agency shall express the following matters at the service site, and accept the supervision and inspection of the administrative department of human resources and social security, market supervision and management, price and other competent departments:

(1) business license;

(2) Service items;

(3) fee standards;

(4) Supervisory organs and supervisory telephones.

Those engaged in job intermediary activities shall also express the human resources service license at the service place.

33rd human resources service agencies should strengthen the internal system construction, improve the financial management system, establish a service ledger, truthfully record the service object, service process, service results and other information. Service ledger shall be kept for more than 2 years.

Chapter V Supervision and administration

Article 34 The administrative department of human resources and social security may take the following measures to supervise and inspect the operating human resources service institutions:

(1) entering the unit under inspection for inspection;

(2) to inquire the relevant personnel, check the service ledger and other service information archives;

(3) require the units under inspection to provide documents and materials related to the items under inspection, and provide explanations and explanations;

(4) to collect relevant information and materials by means of recording, sound recording, video recording, photography or reproduction;

(5) Other measures prescribed by laws and regulations.

When the administrative department of human resources and social security conducts supervision and inspection, the supervisory and inspection personnel shall not be less than 2, shall present law enforcement certificates, and shall keep secret the business secrets of the inspected unit.

For the supervision and inspection carried out by the administrative department of human resources and social security according to law, the inspected unit shall cooperate, truthfully provide relevant materials and information, and shall not conceal, refuse or hinder.

Article 35 The administrative department of human resources and social security shall carry out supervision and inspection by randomly selecting inspection objects and randomly selecting law enforcement personnel.

The situation of supervision and inspection shall be disclosed to the public in a timely manner. Among them, the results of administrative penalties, supervision and inspection can be publicized to the public through the national enterprise credit information publicity system or other systems.

Article 36 Profit-making human resources service agencies shall, within the prescribed time limit, submit annual business reports to the administrative departments of human resources and social security. The human resources and social security administrative department may publicize or guide the operating human resources service agencies to publicize the relevant contents of the annual report according to law.

Human resources and social security administrative departments should strengthen information sharing with market supervision and management departments. The information that can be obtained through information sharing shall not be required to be provided repeatedly by operating human resource service agencies.

Article 37 The administrative department of human resources and social security shall strengthen the construction of the integrity of the human resources market, incorporate the credit data and dishonesty of employers, individuals and operating human resources service institutions into the market integrity construction system, establish a trustworthy incentive and punishment mechanism for dishonesty, and implement credit classification supervision.

Article 38 The administrative department of human resources and social security shall, in accordance with the relevant provisions of the State, supervise and manage the public human resources service institutions.

Article 39 In human resources service organizations, Party organizations shall be established and activities carried out in accordance with the Constitution of the Communist Party of China and relevant provisions to strengthen the educational supervision and management services for mobile party members. Human resources service agencies shall provide necessary conditions for activities organized by the Communist Party of China.

Article 40 The administrative department of human resources and social security shall unblock the channels for reporting complaints to the employing units and human resources service organizations, and handle the relevant reports and complaints in a timely manner according to law.

Article 41 Public security organs shall investigate and punish illegal and criminal acts in the human resources market according to law, and the administrative departments of human resources and social security shall cooperate.

Chapter VI Legal liability

Article 42 Those who, in violation of the provisions of paragraph 1 of Article 18 of these Regulations, engage in job intermediary activities without permission shall be shut down or ordered to stop engaging in job intermediary activities by the administrative department of human resources and social security; If there are any illegal gains, the illegal gains shall be confiscated and a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.

Violating the provisions of paragraph 2 of Article 18 of these Regulations, carrying out human resources service business without filing, violating the provisions of Article 20 and 21 of these Regulations, setting up branches, handling changes or cancelling registration without a written report, shall be ordered by the administrative department of human resources and social security to make corrections; Whoever refuses to make corrections shall be fined not less than 5,000 yuan but not more than 10,000 yuan.

Article 43 In violation of the provisions of Article 24, 27, 28, 29, 30 and 31 of these Regulations, the recruitment information published is untrue and illegal, and the human resources and social security administrative department shall order it to make corrections; If there are illegal gains, the illegal gains shall be confiscated; Whoever refuses to make corrections shall be fined not less than 10,000 yuan but not more than 50,000 yuan; If the circumstances are serious, the human resources service license shall be revoked; If damage is caused to an individual, he shall bear civil liability according to law. Those who violate other laws and administrative regulations shall be punished by the relevant competent departments according to law.

Article 44 Failure to express relevant matters in accordance with the provisions of Article 32 of these Regulations, failure to establish and improve internal systems or maintain service accounts in accordance with the provisions of Article 33 of these Regulations, failure to submit annual business reports in accordance with the provisions of Article 36 of these Regulations, the administrative department of human resources and social security shall order correction; Whoever refuses to make corrections shall be fined not less than 5,000 yuan but not more than 10,000 yuan. Those who violate other laws and administrative regulations shall be punished by the relevant competent departments according to law.

Article 45 Where a public human resources service institution violates the provisions of these Regulations, it shall be ordered by the competent authority at a higher level to make corrections; If the party refuses to make corrections, the persons directly in charge and other persons directly responsible shall be given sanctions according to law.

Article 46 Administrative departments of human resources and social security and relevant competent departments and their staff have any of the following circumstances, the directly responsible leading personnel and other directly responsible personnel shall be given sanctions according to law:

(1) failing to make administrative licensing decisions according to law;

(2) demanding or accepting money or property from others, or seeking other benefits in the course of handling administrative licenses or filing records, or carrying out supervision and inspection;

(3) failure to perform supervision duties according to law or inadequate supervision, resulting in serious consequences;

(4) other cases of abuse of power, neglect of duty, favoritism and malpractice.

Article 47 Whoever violates the provisions of these Regulations and constitutes an act violating the administration of public security shall be punished for the administration of public security according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 48 These Regulations shall come into force as of October 1, 2018.