Employer'S Labor Rules And Regulations

Employing units to recruit personnel

The legal provisions of employing units to recruit personnel include:

The "Promotion Law", "labor law", "Regulations on the prohibition of the use of child labor", "Regulations on employment service and employment management", etc.

The main contents include the following aspects.

(1) using human rights independently.

The employing units enjoy the right of independent employment according to law.

In market employment, the equal choice of employers and workers in the human resources market is protected by law.

From the perspective of employment promotion, protecting the legitimate rights and interests of employers is conducive to more employment and stable employment.

(two) recruiting personnel channels

The main ways for employing units to recruit personnel independently are: entrust public employment service agencies or professional intermediary agencies; participate in job recruitment fairs; entrust newspapers, radio, television, Internet websites and other mass media to publish recruitment information; use recruitment sites such as enterprise sites and enterprise websites to publish recruitment information.

When an employer entrusts a public employment service institution or a professional intermediary agency to recruit personnel or takes part in a recruitment fair, it shall provide a draft of the recruiting personnel, produce a business license (duplicate), or a document approved by the relevant department, the identity document of the person in charge and the certificate entrusted by the employing unit.

The prospectus shall include the basic situation of the employing unit, the number of applicants, work contents, recruitment conditions, labor remuneration, welfare benefits, social insurance, and other contents stipulated by laws and regulations.

(three) employer's obligations

(1) employing units to recruit personnel should provide workers with equal employment opportunities and fair employment conditions.

(2) when employing units to recruit personnel, they should faithfully inform workers about their work contents, working conditions, working places, occupational hazards, safety production status, labor remuneration and other circumstances that workers require to know.

(3) the employer should timely feedback to the employee whether he is hired or not.

(4) employers should keep confidential personal data of laborers.

The disclosure of personal data and the technical and intellectual achievements of labourers shall be subject to the written consent of the workers themselves.

(5) employing units to recruit personnel should give proper care to minority workers in accordance with the law.

(6) the employer should set up a staff register for future reference.

The roster of workers should include workers' names, gender, identity card numbers, household address and current address, way of contact, employment form, starting time of employment and term of labor contract.

(7) if the employing unit fails to conclude a written labor contract at the same time as it is employed, and the labor remuneration stipulated by the laborer is not clear, the remuneration of the newly recruited laborers shall be carried out according to the standards stipulated in the collective contract.

(four) prohibition of sexual behavior

The employing units shall not engage in any of the following acts:

(1) providing false recruitment information and releasing false recruitment advertisements.

(2) attachment of identity cards and other documents to the employed persons.

(3) requiring laborers to provide security or to collect property from laborers in other names.

(4) recruit minors under the age of 16 and other persons who are not allowed to be recruited under the state laws and administrative regulations.

(5) recruiting persons without legal identity documents.

(6) to seek illegitimate interests or engage in other illegal activities in the name of recruiting personnel.

(7) employing units shall not recruit personnel by means of slander other employers' credibility and commercial bribery.

(five) anti discrimination

It mainly refers to the recruitment personnel or recruitment advertisements, and there should not be any recruitment or rejection of personnel for women, people with disabilities, carriers of infectious diseases, and workers of ethnic minorities.

(six) recruitment of workers engaged in special jobs

Employing laborers who employ workers engaged in special jobs involving public safety, personal health and life and property safety shall employ personnel with occupational qualification certificates corresponding to their types of jobs according to law, and employ those who do not hold professional qualification certificates of corresponding jobs, and shall organize special training before they are employed, so that they can be employed after obtaining their professional qualification certificates.

Employment registration

The state establishes employment registration system.

Through the registration of laborers' employment, strengthening employment management and grasping the basic situation of human resources market, it is conducive to safeguarding the rights of workers and timely adjusting relevant policies for employment promotion.

(1) if the laborers are recruited by the employing units, the employing units shall handle the employment registration for the laborers.

Employing units to recruit workers should go to the local public employment service institutions for the record, for workers to register for employment.

The specific stipulation is that after employing units to recruit personnel, they should register within 30 days from the date of hiring.

(2) if the laborers engage in self-employed or flexible employment, I shall register for employment in the public employment service institutions of the streets and townships.

The content of employment registration mainly includes personal information, employment type, employment time, employment unit, and conclusion, termination or termination of labor contract.

The specific contents and materials required for employment registration shall be stipulated by the provincial labor administrative department.

Regulations governing employment of foreigners in China

(1) General requirements for employment of foreigners in China

Our country allows foreigners who do not have the right to settle down and foreigners who come to China to study in China for employment in accordance with the law.

Foreigners must have the following conditions for employment in China:

(1) health at the age of 18.

(2) having the professional skills and relevant work experience required for the job.

(3) no criminal record.

(4) there are definite employment units.

(5) other international travel documents with valid passports or passports.

The procedures for foreigners to apply for employment permits in China are:

(1) the employer shall fill in the application form for employment of foreigners, submit an application to the labor administrative department, and submit a document concerning the reasons for the recruitment and the basic situation of the foreigner to be recruited, subject to examination and approval by the competent authorities of the industry according to the statutory conditions.

(2) after approval, the employer applies the application form to the issuing organ of the labor administrative department for approval and certification procedures.

The employing units of the central level employing units, foreign invested enterprises and employing units without industry departments may apply directly to the labor administrative departments and apply for employment permit procedures.

3. The employing units authorized to employ foreigners shall issue letters of notification and employment permits to the foreigners to be employed by authorized units.

The procedure for applying for professional visas is that foreigners who are allowed to come to China for employment should apply for employment visas to embassies and consulates in China by means of employment permits and visa notification letters, as well as their valid passports or passports instead of passport certificates.

A foreigner who is permitted by law to be free from employment permits shall apply for a professional visa on the basis of the letter of notification issued by the authorized unit or the relevant statutory institution and the relevant statutory documents.

The procedures for applying for employment permits are: employing foreigners for employment by employers, except for foreigners who are exempt from employment permits by law.

Within 15 days after the employment of foreigners, the employment permit, labor contract, valid passport or passport certificate shall be applied to the original license issuing authority for the employment permit of foreigners and fill in the employment registration form for foreigners.

The procedure for applying for residence permits is that foreigners who have obtained employment permits should apply for a residence permit to the public security organs within 30 days after their arrival.

The validity period of residence permit can be determined according to the validity period of the employment permit.

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(two) foreigners in China

Special provisions

(1) there are still some separate laws and regulations in China that require foreigners to come to China for employment. They require the vocational qualification certificates recognized by the Chinese government. Otherwise, the competent authorities may make administrative penalty for illegal employment of foreigners or illegal employment of foreigners.

In accordance with the regulations for the implementation of the regulations on the administration of medical institutions, medical and health technology must be qualified according to the relevant laws, regulations and rules of the state.

(2) foreigners who do not apply for employment permits or employment permits in China mainly refer to:

(1) the foreign professional technical and managerial personnel directly invested by the Chinese government, or the foreign professional technical and managerial personnel who have been hired by state organs and public institutions and have advanced technical titles or special skills certificates recognized by the national or international authoritative technical management departments or trade associations, and hold the foreign experts certificate issued by the Foreign Experts Bureau.

(2) a foreign labor force who holds the permit for aliens to engage in offshore oil operations in People's Republic of China;

3. Foreigners who hold temporary business performance licenses approved by the Ministry of culture for performing theatrical performances.

Regulations on employment of Taiwan, Hong Kong and Macao residents in the mainland

Taiwan Hongkong Macao residents' employment management regulations in the mainland, Taiwan, Hong Kong and Macao personnel employment in the mainland to implement the employment permit system.

If the employing unit intends to employ or accept personnel dispatched from Taiwan, Hong Kong or Macao, it shall apply for the employment permit for persons from Taiwan, Hong Kong and Macao (hereinafter referred to as the employment permit), and the personnel engaged by Hongkong and Macao engaging in individual business operations in the mainland shall apply for the employment permit by themselves.

Taiwan, Hong Kong and Macao personnel who have obtained permits and obtained employment permits shall be protected by law in the mainland.

Employing units to employ or accept personnel sent to Taiwan, Hong Kong and Macao to implement the filing system.

Personnel in Taiwan, Hong Kong and Macao who are employed in the mainland include: (1) those who establish labor relations with the employing units; (2) persons engaged in self-employed Hongkong and Macao personnel in the mainland; (3) those who establish labor relations with employers in overseas or Taiwan, Hong Kong and Macao and are dispatched to the mainland within one year (from January 1st to December 31st of the Gregorian calendar), who have worked for over three months in the same employer.

Residents in Taiwan, Hong Kong and Macao may apply to the labour administration for employment permits.

(1) age 18 to 60 Zhou Sui (directly involved in the operation of investors and mainland urgently needed professional and technical personnel can exceed 60 Zhou Sui).

(2) good health.

(3) to have valid travel documents (including valid documents issued by the mainland authorities for Taiwan residents to mainland China, Hong Kong and Macao residents to travel permits to the mainland).

(4) those engaged in the profession prescribed by the State shall be qualified according to the relevant regulations of the state.

(5) other conditions stipulated by laws and regulations.

Employing units to apply for employment permits for persons from Taiwan, Hong Kong and Macao to apply for employment permits in the mainland, they shall submit the employment application form for the residents of Macao, Hongkong, Taiwan, and the following effective documents to the local labor administrative departments at the local level (municipal) level:

Employer's business license