In order to strengthen the protection of fair employment, the Employment Promotion Law also clearly stipulates in the chapter of legal responsibility that workers who are discriminated against in employment can bring a lawsuit to the people's court.
People's Republic of China (PRC) Employment Promotion Law
Open classification: laws, regulations and provisions
Directory? People's Republic of China (PRC) Employment Promotion Law
catalogue
Chapter I General Principles
Chapter II Policy Support
Chapter III Fair Employment
Chapter IV Employment Service and Management
Chapter V Vocational Education and Training
Chapter VI Employment Assistance
Chapter VII Supervision and Inspection
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Relevant explanation
Chapter VII Supervision and Inspection
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Relevant explanation
People's Republic of China (PRC) Employment Promotion Law
[Edit this paragraph]
(Adopted at the 29th Session of the Standing Committee of the Tenth NPC on August 30, 2007)
catalogue
[Edit this paragraph]
Chapter I General Principles
Chapter II Policy Support
Chapter III Fair Employment
Chapter IV Employment Service and Management
Chapter V Vocational Education and Training
Chapter VI Employment Assistance
Chapter VII Supervision and Inspection
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Principles
[Edit this paragraph]
Article 1 This Law is formulated for the purpose of promoting employment, coordinating economic development and expanding employment, and promoting social harmony and stability.
Article 2 The state places the expansion of employment in a prominent position in economic and social development, implements an active employment policy, adheres to the policy of workers choosing their own jobs, the market regulates employment and the government promotes employment, and expands employment through multiple channels.
Article 3 Laborers shall enjoy equal employment and the right to choose their own jobs according to law.
Workers are not discriminated against because of nationality, race, sex and religious belief.
Article 4 The people's governments at or above the county level regard expanding employment as an important goal of economic and social development, incorporate it into the national economic and social development plan, and formulate medium-and long-term plans and annual work plans for promoting employment.
Article 5 People's governments at or above the county level shall create employment conditions and expand employment by developing economy, adjusting industrial structure, standardizing human resources market, improving employment services, strengthening vocational education and training, and providing employment assistance.
Article 6 the State Council shall establish a national coordination mechanism for promoting employment, study major employment issues, and coordinate and promote the national employment promotion work. The labor administrative department of the State Council is specifically responsible for promoting employment throughout the country.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the needs of promoting employment, establish a coordination mechanism for promoting employment and coordinate and solve major problems in employment work in their respective administrative regions.
The relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in promoting employment.
Article 7 The State encourages laborers to establish a correct concept of choosing jobs and improve their employability and entrepreneurial ability. Encourage workers to start their own businesses and choose their own jobs.
People's governments at all levels and relevant departments should simplify procedures, improve efficiency and provide convenience for workers to start their own businesses and choose their own jobs.
Article 8 The employing unit has the right to choose its own employees according to law.
The employing unit shall, in accordance with the provisions of this law and other laws and regulations, safeguard the legitimate rights and interests of workers.
Article 9 Social organizations such as trade unions, the Communist Youth League, women's federations and disabled persons' federations shall assist the people's governments in promoting employment and safeguarding workers' labor rights according to law.
Tenth people's governments at all levels and relevant departments shall commend and reward units and individuals that have made remarkable achievements in promoting employment.
Chapter II Policy Support
[Edit this paragraph]
Eleventh people's governments at or above the county level should take expanding employment as an important duty and coordinate industrial policies and employment policies.
Article 12 The state encourages all kinds of enterprises to set up industries or expand their operations within the scope prescribed by laws and regulations to increase employment.
The state encourages the development of labor-intensive industries and services, supports small and medium-sized enterprises, and creates jobs through various channels and ways.
The state encourages, supports and guides the development of the non-public sector of the economy, expands employment and increases jobs.
Article 13 The State shall develop domestic and international trade and international economic cooperation and broaden employment channels.
Fourteenth people's governments at or above the county level shall play the role of investment and major construction projects in promoting employment and increasing employment when arranging government investment and determining major construction projects.
Article 15 The State shall implement a fiscal policy conducive to promoting employment, increase capital investment, improve the employment environment and expand employment.
The people's governments at or above the county level shall, according to the employment situation and employment objectives, arrange special funds for employment in the financial budget to promote employment.
Special employment funds are used for job introduction, vocational training, public welfare posts, vocational skill appraisal, subsidies for specific employment policies and social insurance, interest subsidies for small loan guarantee funds and low-profit projects, and support for public employment services. Measures for the administration of the use of special funds for employment shall be formulated by the financial department and the labor administrative department of the State Council.
Article 16 The state establishes and improves the unemployment insurance system, guarantees the basic livelihood of the unemployed according to law, and promotes the employment of the unemployed.
Article 17 The State encourages enterprises to increase employment, supports the employment of unemployed people and disabled people, and gives tax incentives to the following enterprises and personnel according to law:
(a) enterprises that absorb unemployed people who meet the conditions prescribed by the state;
(2) Small and medium-sized enterprises founded by unemployed people;
(three) according to the provisions of the proportion of the disabled or centralized use of enterprises;
(4) Unemployed persons who are engaged in self-employment and meet the conditions prescribed by the state;
(5) Persons with disabilities engaged in self-employment;
(six) other enterprises and personnel in the State Council to give tax incentives.
Article 18 The relevant departments shall take care of the personnel specified in Items (4) and (5) of Article 17 of this Law in business premises and other aspects, and shall be exempted from administrative fees.
Article 19 The state implements a financial policy conducive to promoting employment and increases financing channels for small and medium-sized enterprises; Encourage financial institutions to improve financial services, increase credit support for small and medium-sized enterprises, and give small loans and other support to self-employed people within a certain period of time.
Article 20 The state implements the employment policy of urban and rural areas as a whole, establishes and improves the equal employment system for urban and rural workers, and guides the orderly transfer of agricultural surplus labor.
Local people's governments at or above the county level promote the construction of small towns and accelerate the development of county economy, and guide the surplus agricultural labor force to transfer employment locally and nearby; When planning small towns, the transfer and employment of agricultural surplus labor force in this area is an important content.
The local people's governments at or above the county level shall guide the surplus agricultural labor force to transfer employment to different cities in an orderly manner; The people's governments of the places where labor services are exported and imported should cooperate with each other to improve the environment and conditions for migrant workers to enter cities for employment.
Article 21 The state supports regional economic development, encourages regional cooperation and coordinates the balanced growth of employment in various regions.
The state supports ethnic minority areas to develop their economies and expand employment.
Twenty-second people's governments at all levels make overall plans to do a good job in the employment of new urban labor, the transfer of surplus agricultural labor and the employment of unemployed people.
Twenty-third people's governments at all levels should take measures to gradually improve and implement labor and social insurance policies suitable for flexible employment such as part-time employment, and provide help and services for flexible employees.
Twenty-fourth local people's governments at all levels and relevant departments should strengthen the guidance of unemployed people to start their own businesses and provide services such as policy consultation, employment training and business guidance.
Chapter III Fair Employment
[Edit this paragraph]
Twenty-fifth people's governments at all levels to create a fair employment environment, eliminate employment discrimination, formulate policies and take measures to give support and help to people with employment difficulties.
Twenty-sixth employers and employment agencies engaged in employment intermediary activities, should provide equal employment opportunities and fair employment conditions for workers, there shall be no employment discrimination.
Article 27 The state guarantees that women enjoy equal labor rights with men.
Except for jobs or posts that are not suitable for women as stipulated by the state, the employer shall not refuse to hire women or raise the employment standards for women on the grounds of gender.
When employing female employees, the employer shall not stipulate in the labor contract the contents of restricting the marriage and childbearing of female employees.
Article 28 Workers of all ethnic groups enjoy equal labor rights.
When employing personnel, the employing unit shall give appropriate care to minority workers according to law.
Article 29 The state guarantees the labor rights of disabled people.
People's governments at all levels shall make overall plans for the employment of the disabled and create employment conditions for the disabled.
The employing unit shall not discriminate against the disabled when recruiting personnel.
Article 30 An employing unit shall not refuse to employ a person on the grounds that he is a carrier of infectious diseases. However, the pathogen carriers of infectious diseases who have been medically identified shall not engage in the work that is easy to spread infectious diseases, which is prohibited by laws, administrative regulations and the provisions of the health administrative department of the State Council.
Thirty-first rural workers enjoy equal labor rights with urban workers when they enter the city for employment, and shall not set discriminatory restrictions on rural workers' employment in this city.
Chapter IV Employment Service and Management
[Edit this paragraph]
Thirty-second people's governments at or above the county level shall cultivate and improve a unified, open and competitive human resources market to provide services for the employment of workers.
Thirty-third people's governments at or above the county level shall encourage all sectors of society to carry out employment service activities according to law, strengthen the guidance and supervision of public employment services and employment intermediary services, and gradually improve the employment service system covering urban and rural areas.
Thirty-fourth people's governments at or above the county level shall strengthen the construction of human resources market information network and related facilities, establish and improve the human resources market information service system, and improve the market information release system.
Thirty-fifth people's governments at or above the county level shall establish and improve the public employment service system, set up public employment service institutions, and provide the following services to workers free of charge:
(1) Consultation on employment policies and regulations;
(two) the release of professional supply and demand information, market wage guidance price information and vocational training information;
(3) Vocational guidance and employment introduction;
(four) the implementation of employment assistance for people with employment difficulties;
(5) Handling employment registration, unemployment registration and other affairs;
(6) Other public employment services.
Public employment service institutions shall continuously improve the quality and efficiency of services and shall not engage in business activities.
* * * Employment service funds are included in the fiscal budget at the same level.
Thirty-sixth local people's governments at or above the county level shall provide public employment services for professional intermediary institutions and give subsidies in accordance with the provisions.
The state encourages all sectors of society to provide donations and subsidies for public welfare employment services.
Thirty-seventh local people's governments at all levels and relevant departments shall not set up or jointly set up business professional intermediaries with others.
Local people's governments at all levels, relevant departments and public employment service agencies shall not charge employees for holding talent recruitment fairs.
Thirty-eighth people's governments at or above the county level and relevant departments to strengthen the management of professional intermediary institutions, encourage them to improve the quality of service, and play its role in promoting employment.
Thirty-ninth professional intermediary activities should follow the principles of legality, honesty, credibility, fairness and openness.
When an employer recruits personnel through an employment agency, it shall truthfully provide job demand information to the employment agency. It is forbidden for any organization or individual to use professional intermediary activities to infringe upon the legitimate rights and interests of workers.
Fortieth the establishment of a professional intermediary institution shall meet the following conditions:
(1) Having clear articles of association and management system;
(2) Having a fixed place, office facilities and a certain amount of start-up capital necessary for conducting business;
(3) Having a certain number of full-time staff with corresponding professional qualifications;
(4) Other conditions stipulated by laws and regulations.
The establishment of professional intermediary institutions shall be subject to administrative licensing according to law. A licensed professional intermediary institution shall register with the administrative department for industry and commerce.
Institutions without legal permission and registration shall not engage in professional intermediary activities.
If the state has other provisions on foreign-invested professional intermediaries and professional intermediaries that provide overseas employment services for workers, those provisions shall prevail.
Forty-first professional intermediaries shall not have the following acts:
(1) Providing false employment information;
(two) to provide professional intermediary services for employers without legal licenses;
(3) Forging, altering or transferring the professional intermediary license;
(four) the seizure of employees' identity cards and other documents, or to collect a deposit from employees;
(five) other acts in violation of laws and regulations.
Forty-second people's governments at or above the county level shall establish an unemployment early warning system to prevent and control possible large-scale unemployment.
Article 43 The State establishes a system of labor force survey and statistics and a system of employment registration and unemployment registration, conducts survey and statistics on labor resources, employment and unemployment, and publishes the results of the survey and statistics.
When the statistics department and the labor administrative department conduct labor force investigation and statistics and employment and unemployment registration, the employing units and individuals shall truthfully provide the information needed for investigation and statistics and registration.
Chapter V Vocational Education and Training
[Edit this paragraph]
Article 44 The state develops vocational education according to law, encourages vocational training, and promotes workers to improve their vocational skills and enhance their employability and entrepreneurial ability.
Forty-fifth people's governments at or above the county level shall, according to the economic and social development and market demand, formulate and implement the professional ability development plan.
Forty-sixth people's governments at or above the county level shall strengthen overall coordination, encourage and support all kinds of vocational colleges, vocational skills training institutions and employers to carry out pre-service training, on-the-job training, re-employment training and entrepreneurship training according to law; Encourage workers to participate in various forms of training.
Article 47 Local people's governments at or above the county level and relevant departments shall encourage and guide enterprises to strengthen vocational education and training according to market demand and industrial development direction.
Vocational colleges, vocational skills training institutions and enterprises should be closely linked, implement the combination of production and education, serve economic construction, and train practical talents and skilled workers.
Enterprises shall, in accordance with the relevant provisions of the state, withdraw funds for the education of employees and provide them with vocational skills training and continuing education and training.
Article 48 The state shall take measures to establish and improve the labor preparation system, and the local people's governments at or above the county level shall provide vocational education and training for junior and senior high school graduates who have employment needs for a certain period of time, so as to enable them to obtain corresponding vocational qualifications or master certain vocational skills.
Article 49 Local people's governments at various levels encourage and support the development of employment training, and help unemployed people to improve their vocational skills and enhance their employability and entrepreneurial ability. Unemployed people who participate in employment training enjoy government training subsidies in accordance with relevant regulations.
Article 50 Local people's governments at all levels shall take effective measures to organize and guide rural laborers who enter cities for employment to participate in skills training, encourage various training institutions to provide skills training for rural laborers who enter cities for employment, and enhance their employability and entrepreneurial ability.
Article 51 The state practices a vocational qualification certificate system for workers engaged in special types of work involving public safety, personal health and safety of life and property, and the specific measures shall be formulated by the State Council.
Chapter VI Employment Assistance
[Edit this paragraph]
Article 52 People's governments at all levels shall establish and improve the employment assistance system, and give key support and help to people with employment difficulties through tax reduction or exemption, loan interest subsidy, social insurance subsidy and post subsidy, and public welfare post placement.
Persons with employment difficulties refer to those who cannot achieve employment due to physical conditions, skill level, family factors, loss of land and other reasons. And people who have been unemployed for some time. The specific scope of people with employment difficulties shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the actual conditions of their respective administrative regions.
Fifty-third public welfare posts invested and developed by the government shall give priority to those who meet the requirements of the post. Those who are arranged to work in public welfare posts shall be given post subsidies in accordance with state regulations.
Article 54 Local people's governments at all levels shall strengthen employment assistance services at the grass-roots level, provide key assistance to people with employment difficulties, and provide targeted employment services and public welfare post assistance.
Local people's governments at all levels encourage and support all sectors of society to provide skills training, career information and other services for people with employment difficulties.
Article 55 People's governments at all levels shall take special assistance measures to promote the employment of disabled people.
The employing unit shall arrange employment for the disabled in accordance with the provisions of the state, and the specific measures shall be formulated by the State Council.
Article 56 Local people's governments at or above the county level shall adopt various forms of employment, broaden the scope of public welfare posts, develop employment posts, and ensure that at least one family with employment needs in cities can achieve employment.
Urban households whose family members are all unemployed within the legal working age may apply for employment assistance from the streets and community public employment service agencies where they live. Street and community public employment service agencies should provide appropriate jobs for at least one person in the confirmed family.
Article 57 The state encourages resource-based cities and independent industrial and mining areas to develop industries that meet market demand and guide workers to transfer employment.
People's governments at higher levels shall give necessary support and help to areas where people with employment difficulties are concentrated due to resource depletion or economic restructuring.
Chapter VII Supervision and Inspection
[Edit this paragraph]
Fifty-eighth people's governments at all levels and relevant departments should establish a target responsibility system to promote employment. The people's governments at or above the county level shall, in accordance with the requirements of promoting the employment target responsibility system, examine and supervise the relevant departments and the people's governments at the next lower level.
Article 59 Audit institutions and financial departments shall supervise and inspect the management and use of special funds for employment according to law.
Article 60 The labor administrative department shall supervise and inspect the implementation of this Law, establish a reporting system, accept reports of violations of this Law, and promptly verify and handle them.
Chapter VIII Legal Liability
[Edit this paragraph]
Article 61 If, in violation of the provisions of this Law, the relevant labor administrative departments and their staff abuse their powers, neglect their duties or engage in malpractices for selfish ends, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Article 62 If anyone violates the provisions of this Law and practices employment discrimination, the laborer may bring a lawsuit to the people's court.
Article 63 Where, in violation of the provisions of this Law, local people's governments at various levels, relevant departments and public employment service agencies set up business-oriented professional intermediary agencies to engage in business-oriented professional intermediary activities and charge employees fees, the competent authorities at higher levels shall order them to make corrections within a time limit, refund the illegally charged fees to the employees, and punish the directly responsible person in charge and other directly responsible personnel according to law.
Article 64 Whoever, in violation of the provisions of this Law, engages in professional intermediary activities without permission and registration shall be closed down by the labor administrative department or other competent departments according to law; Illegal income, confiscate the illegal income, and impose a fine of 1 10,000 yuan to 50,000 yuan.
Article 65 Where an employment agency, in violation of the provisions of this Law, provides false employment information and services to an employer without a legal license, and forges, alters or transfers an employment license, the labor administrative department or other competent department shall order it to make corrections; Illegal income, confiscate the illegal income, and impose a fine of not less than ten thousand yuan but not more than fifty thousand yuan; If the circumstances are serious, the professional intermediary license shall be revoked.
Article 66 If a professional intermediary organization violates the provisions of this Law by distributing the employee's resident identity cards and other documents, the labor administrative department shall order it to return the employee within a time limit and punish it in accordance with relevant laws and regulations.
If, in violation of the provisions of this Law, a professional intermediary agency collects a deposit from a worker, the labor administrative department shall order it to return it to the worker within a time limit and impose a fine of not less than 500 yuan but not more than 2,000 yuan per person.
Article 67 In violation of the provisions of this Law, if an enterprise fails to withdraw funds for the education of employees in accordance with the provisions of the state, or misappropriates funds for the education of employees, the labor administrative department shall order it to make corrections and punish it according to law.
Article 68 Whoever violates the provisions of this Law and infringes upon the legitimate rights and interests of laborers, causing property losses or other damages, shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter IX Supplementary Provisions
[Edit this paragraph]
Article 69 This Law shall come into force as of June 5, 2008.
Relevant explanation
[Edit this paragraph]
brief introduction
On August 30th, 2007, the 29th meeting of the 10th the National People's Congress Standing Committee (NPCSC) passed the Employment Promotion Law. The law will be implemented on June 65438+10/October 65438 +0, 2008.
As a law closely related to people's interests, the Employment Promotion Law has attracted wide attention from all walks of life since its drafting. It is expected that the formulation and implementation of this law will bring good news for expanding employment and developing harmonious labor relations.
After three deliberations and repeated revisions, the Employment Promotion Law was officially promulgated. Prohibition of employment discrimination, assistance to vulnerable groups, standardization of employment services and management ... Many employment issues that people care about are reflected in this law.
Promote the legalization of employment policy
Employment is regarded as the foundation of people's livelihood and the policy of national security.
China's employment work is facing a very severe situation, and the employment pressure is increasing. It is predicted that by 20 10, China's total labor force will reach 830 million, with 50 million new jobs in cities and towns, but only 40 million new jobs are needed for labor employment, and the gap between labor supply and demand is about 100000.
Promoting employment is inseparable from the support of policies. In order to effectively solve the contradiction between the total supply and demand of labor force and the prominent structural contradiction of labor force, and give full play to the important role of national macroeconomic and social policies in promoting employment, the law clearly stipulates the policy support for promoting employment.
Li Yuan, director of the Administrative Law Office of the National People's Congress Standing Committee (NPCSC) Law Commission, said that the Employment Promotion Law has established a long-term mechanism to promote employment. We used to implement a limited and short-term employment promotion policy. For example, three or five years, and then adjust according to the situation. When the Employment Promotion Law was formulated this time, these time-limited and effective policies in practice were standardized, institutionalized and legalized, and a long-term mechanism for promoting employment was established. In addition, we have formulated financial policies, credit policies, preferential tax policies and fiscal policies that are conducive to promoting employment.
Provisions of the Special Chapter on Prohibition of Employment Discrimination
In recent years, the voice against employment discrimination has been rising. In the process of publishing the draft employment promotion law to the public for comments, opinions and suggestions on refining fair employment terms and eliminating employment discrimination account for a large proportion. It is hoped that the promulgation of this law will create a good environment for fair employment.
Li Yuan said that in the field of employment, employment discrimination has become a social problem, and the legislature attaches great importance to this issue.
There is no special chapter on fair employment in the first draft of the Employment Promotion Law. Some members of the Standing Committee and experts pointed out that implementing fair employment, opposing employment discrimination and ensuring workers' equal employment rights are important principles for promoting employment and important issues of social concern. Therefore, it is suggested that a special chapter of law should focus on this part.
In the final employment promotion law, fair employment appears in the legal provisions as the third chapter. The general provisions also clearly stipulate that "workers have the right to equal employment and choose their own jobs. Workers are not discriminated against because of nationality, race, gender, religious beliefs, etc. "
In the chapter of fair employment, fair employment is aimed at women, ethnic minorities, disabled people, carriers of infectious diseases and rural workers: "The state guarantees that women enjoy equal labor rights with men"; "When employing personnel, the employer shall not refuse to employ women or raise the employment standards for women on the grounds of gender, except for jobs or posts that are not suitable for women as stipulated by the state"; "When employing personnel, the employer shall not discriminate against the disabled"; "Migrant workers enjoy equal employment rights with urban workers, and shall not set discriminatory restrictions on migrant workers' employment in cities" ...
In view of the discrimination in the employment of hepatitis B virus carriers, the Employment Promotion Law specifically stipulates that employers may not refuse to employ people on the grounds that they are carriers of infectious diseases. However, the pathogen carriers of infectious diseases who have been medically identified shall not engage in the work that is easy to spread infectious diseases, which is prohibited by laws, administrative regulations and the provisions of the health administrative department of the State Council.
In order to strengthen the protection of fair employment, the Employment Promotion Law also clearly stipulates in the chapter of legal responsibility that workers who are discriminated against in employment can bring a lawsuit to the people's court.
Oppose employment assistance for vulnerable groups.
The Employment Promotion Law strengthens the support for the disadvantaged groups.
For those who are difficult to find employment due to physical conditions, skill level, family factors, land loss and other reasons, and have been unemployed for a certain period of time, the Employment Promotion Law defines them as groups with employment difficulties. For these groups and "zero-employment families", the law specifically stipulates the employment assistance system.
After repeated revisions, the provisions on employment assistance in the Employment Promotion Law have been gradually refined.
According to the law, people's governments at all levels should establish and improve the employment and re-employment assistance system, combine employment assistance with the production and life of people with employment difficulties, and take measures such as tax reduction or exemption, loan discount, social insurance subsidy and post subsidy to give key support and help to the people with employment difficulties through public welfare posts. Public welfare posts invested and developed by the government should give priority to those with employment difficulties who meet the requirements of the post. Those who are arranged to work in public welfare posts shall be given post subsidies in accordance with state regulations.
For "zero-employment families", the law stipulates that urban households whose family members are all unemployed within the legal working age can apply for employment assistance from public employment service agencies in the streets and communities where they live. Street and community public employment service agencies should provide appropriate jobs for at least one person in the confirmed family.
Professional intermediary agencies must obtain administrative license.
In view of the phenomenon that some illegal intermediaries in the talent and labor market provide false information and damage the rights and interests of workers, the Employment Promotion Law stipulates the entry threshold for the establishment of professional intermediaries.
In addition to the requirements for workplaces and staff, the law also stipulates that the establishment of professional intermediaries should be subject to administrative licensing according to law. A licensed professional intermediary institution shall register with the administrative department for industry and commerce. Institutions without legal permission and registration shall not engage in professional intermediary activities.