Shenzhen Special Economic Zone, Skilled Personnel Market Regulations

Promulgated: July 29 2002
Effective: October 1 2002
Applicability: The Regulations apply to the executive administration of the recruitment, response to the recruitment, leasing, transfer, personnel agency services and market of skilled personnel within the Shenzhen Special Economic Zone (Article 2). "Skilled personnel" as used in the Regulations refers to those persons who have graduated from intermediate technical schools or higher institutes of learning or acquired specialized technical qualifications, or are engaged in specialized technical or managerial work (Article 3).

Main contents: The Regulations lay out the procedures and rights and duties of employers in seeking skilled personnel, including the recruitment methods (Article 7). The Regulations also state the rights and duties of the skilled personnel that are placed, and indicate the procedures and rules under which skilled personnel may be hired out by their current employer or transferred (Articles 17 to 21). Written consent of the skilled personnel must be obtained before the hiring out or transfer (Article 20). Part Four of the Regulations puts forth the requirements for establishing employment agencies, the application procedure, the services that such agencies may provide and acts that such agencies are prohibited from engaging in. Part Five lays out special provisions for the targeted recruitment of high level skilled personnel, which have high level technical qualifications or are engaged in high level technical or managerial work. Targeted recruitment does not have to be publicly announced (Article 37). The commercial secrets of the entrusting work unit of targeted recruitment as well as the intellectual property rights, commercial secrets and other lawful rights and interests of the work unit of the high level skilled personnel should be protected in the course of targeted recruitment (Articles 36 and 39).