Ministry of Labour and Social Security, Circular on the Establishment of Record Filing Systems for Employment

劳动和社会保障部关于建立劳动用工备案制度的通知

January 31, 2007 | BY

clpstaff &clp articles &

Employers required to file information on hiring and dismissal activities.

Clp Reference: 2400/07.01.08 Promulgated: 2007-01-08

Issued: January 8 2007

Main Contents: From 2007, all employers employing staff and workers in China whereby an employment relationship is formed in accordance with the law shall carry out record filing procedures for employment with the labour and social security administrative departments at or above the county level at the place of registration. By the end of 2008, record filing systems for employment on the basis of conclusion of labour contracts shall be established in all provinces, cities and counties in China (Article 2).

Information that an employer has to provide for employment record filing purpose shall include: the name, legal representative, type of ownership and organization code of the employer; the number, name, gender and identification number of the employed staff and workers; the dates of commencement and ending of labour contracts signed with staff and workers; and the number and names of staff and workers with whom, and the dates of which, labour contracts were ended or terminated.

When an employer hires new staff and workers or renews labour contracts with staff and workers, it shall carry out record filing for employment within 30 days from the date of employment or contract renewal. When an employer ends or terminates labour contracts with staff and workers, it shall carry out record filing for employment within seven days from the date of ending or terminating the labour contract (Article 3).

Related Legislation: Provisions for the Administration of the Labour Market, Dec 8 2000

clp reference:2400/07.01.08promulgated:2007-01-08

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