The Employment Promotion Act Eliminates Six Major Employment Rules

In January 1st, the employment promotion law, the first basic law in the field of employment, was formally implemented.

The labor and social security department issued an interpretation and pointed out that with the implementation of the new law, many "employment rules" that were prevalent in the past were clearly identified as illegal and would be effectively curbed to the end.

The director of the Employment Department of the Shanghai labor and Social Security Bureau said that the introduction and implementation of the law clearly defined the laborers' "labor rights" from the system, and a direct change resulted from the elimination of the following six "hidden rules" of employment.

First, when recruiting, pick and choose before hiring.

In recent years, various forms of employment discrimination have shifted from age, gender, household registration to appearance, height, weight, disease, and even to blood type and zodiac sign, and tend to "violate the spirit, do not violate the provisions" of the implicit discrimination.

In the past, due to the lack of supporting rules, the "fair employment" was lacking in operability.

In the employment promotion act, "the right of laborers to enjoy equal employment and self employment" according to law is written into the general provisions. The sixty-second provision provides that "workers can sue a people's court for violating laws and implementing employment discrimination."

As a supplementary provision, the regulations on employment service and employment management implemented in January 1st also make it clear that employers' "check hepatitis B" will be punished.

Two, the public placement center has become a "toll booth".

The Employment Promotion Law stipulates: "people's governments at or above the county level should establish and improve the public employment service system, set up public employment service institutions, and provide free statutory employment services for workers."

Free public employment services, including job search information, job placement, employment guidance, etc., and "public employment service institutions shall not engage in business activities". If workers are charged for fees, they must refund their income and bear legal liability.

The three is the "cat and mouse game" of "black duty".

In many parts of the city, the labor supervision department has been carrying out "cat and mouse" with no evidence of "black duty". Labor supervision departments have been fighting hard, rolling doors have been hurriedly pulled down, and "big cap" has gone, "old faces" still exist.

The employment promotion act, in addition to the legal nature of illegal employment agencies, also stipulates the actual restrictions on closing, confiscating illegal gains and fines ranging from 10 thousand yuan to 50 thousand yuan.

The four is the deduction of documents and collection of money.

In the past, some professional intermediaries should first detain the identity cards of job seekers before they would introduce jobs, and some collect deposits from job seekers.

The employment promotion act clearly defines these two acts as illegal and should bear the responsibility for breaking the law.

The five is to hire a "manager" to sell insurance.

For a long time, false job information difficult to distinguish between real and fake has caused many problems to job seekers.

For example, it is called "sales manager", but the job is selling insurance, or known as the "top 500 enterprises", and the result is just a "micro company".

In this regard, the Employment Promotion Act stipulates more severe punishments, including ordering corrections, confiscating illegal gains, fining more than 10 thousand yuan or less than 50 thousand yuan, and revocation of Occupational intermediary licences after serious circumstances.

Six, the staff training fee has become the leader of "going abroad fund".

In individual employers, the education expenses of employees are misappropriated as a leader's overseas study fee and the manager's MBA training fee. This phenomenon is not uncommon.

The Employment Promotion Law stipulates that enterprises should draw up funds for staff education in accordance with relevant state regulations, and carry out vocational skills training and continuing education training for labourers.

Failing to withdraw or not fully withdraw staff education funds, or embezzle staff education funds, will bear legal liability.