Ministry of Labour and Social Security, Provisions on Employment Services and Employment Administration

劳动和社会保障部就业服务与就业管理规定

November 02, 2007 | BY

clpstaff &clp articles &

Salary negotiable" not allowed in job advertisements.

Clp Reference: 2400/07.11.05 Promulgated: 2007-11-05 Effective: 2008-01-01

Promulgated: November 5 2007
Effective: January 1 2008

Applicability: These Provisions apply to workers that seek and obtain employment, employers that recruit personnel, and employment services provided by public employment service organizations established by labour and social security administrative departments and employment agencies that have undergone examination and approval of labour and social security administrative departments.

The term "employers" refers to organizations such as enterprises, family proprietors, and private non-enterprise work units within the PRC, as well as state authorities, public institutions and social groups that recruit workers and establish labour relationships with them (Article 2).

Main Contents: Rural workers that seek employment in cities shall be entitled to the same employment rights as urban workers. Employers in cities may not impose any discriminatory restriction on rural workers (Article 5). Recruitment descriptions shall include the basic details of the employer, the number of workers to be recruited, job details, recruitment requirements, labour remuneration, welfare benefits and social insurance, as well as other particulars stipulated by laws and regulations (Article 11). During recruitment of personnel, an employer shall provide the worker with information about the job, working conditions, workplace, occupational hazards, work safety conditions, labour remuneration and other details as requested by the worker. The employer shall, upon request of the worker, give a reply on whether he/she has been employed in a timely manner (Article 12). When an employer employs female staff and workers, the labour contract may not include any terms that restrict the worker from getting married or pregnant (Article 16). Employers may not include the test for hepatitis B virus marker as mandatory in the body check when recruiting personnel, unless state laws and administrative regulations or the health administrative department of the State Council prohibits the job to be carried out by a hepatitis B virus carrier (Article 19). Where an employment agency is unsuccessful in providing employment services, it shall refund the fees collected from the worker for the intermediary services (Article 55).

Repealed Legislation: Measures for Vocational Guidance, Oct 27 1994; and Provisions for the Administration of the Labour Market, Dec 8 2000

clp reference:2400/07.11.05promulgated:2007-11-05effective:2008-01-01

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]