Chapter IV Employment Services and Management

Article 32 People’s governments at or above the county level shall foster and improve a unitary, open, competitive and orderly market for human resources to provide services to the workers for employment.

Article 33 People’s governments at or above the county level shall encourage all sectors of the society to carry out activities in the service of employment in accordance with law, provide better guidance in and exercise stricter supervision over public services for employment and the services provided by job intermediaries and gradually improve the employment service system covering urban and rural areas.

Article 34 People’s governments at or above the county level shall intensify the development of information networks and relevant facilities for the market of human resources, establish a sound information service system for such market, and improve the system for dissemination of market information.

Article 35 People’s governments at or above the county level shall establish a sound system to provide public services for employment, set up public service agencies for employment and provide the following services to the workers gratis:

(1) consultation on employment policies and regulations;

(2) release of information about supply and demand of jobs, guidance rates of wages on the market, and vocational training;

(3) vocational guidance and job recommendation;

(4) employment aid to people who have difficulty in finding jobs;

(5) registration of employment and unemployment, etc.; and

(6) other public services for employment.

A public service agency for employment shall constantly improve the quality and increase the efficiency of its services and shall not engage in any profit-making activities.

The funds for public services for employment shall be incorporated into the government budget at the same level.

Article 36 People’s governments at or above the county level shall, according to the relevant regulations, subsidize the job intermediaries which provide public welfare services for employment.

The State encourages all circles of the society to make donations and provide financial aid to the public welfare service for employment.

Article 37 No local people’s government at any level and no relevant department may set up any profit-making job intermediary or do so jointly with another.

No local people’s government at any level, no relevant department or public service agency for employment may collect fees from people who attend job fairs held by it.

Article 38 People’s governments at or above the county level and the relevant departments shall enhance the administration of job intermediaries, encourage them to improve the quality of their services and bring into play their role in the promotion of employment.

Article 39 The principles of lawfulness, good faith, fairness and openness shall be observed in intermediary activities for employment.

When an employing unit recruits persons via a job intermediary, it shall provide the intermediary with truthful information about its demand for jobs.

All organizations and individuals are prohibited from infringing on the legitimate rights and interests of the workers by taking advantage of their intermediary activities for employment.

Article 40 For establishment of a job intermediary, the following conditions shall be met:

(1) having a definite charter and rules of management;

(2) having fixed premises, office facilities and a certain amount of startup funds, which are essential to the business;

(3) having a certain number of full-time staff members armed with the appropriate professional qualifications; and

(4) other conditions prescribed by laws and regulations.

For establishment of a job intermediary, administrative permission shall be applied for in accordance with law. The job intermediary that obtains such permission shall register with the administrative department for industry and commerce.

No institution that has not obtained permission and registered in accordance with law may engage in job intermediary activities.

If where are regulations separately formulated by the State with respect to the job intermediaries that are funded by foreign investment or that offer to people overseas employment services, the provisions there shall prevail.

Article 41 No job intermediary may do any of the following:

(1) providing false employment information;

(2) offering job intermediary services to any employing unit that does not have a lawful license;

(3) counterfeiting, tampering with or transferring the permit of job intermediary;

(4) taking away a worker’s resident identity card or other certificates, or charging a deposit from the worker; or

(5) other acts in violation of the provisions of laws or regulations.

Article 42 People’s governments at or above the county level shall establish an unemployment alert system to prevent, regulate and control potential large-scale unemployment.

Article 43 The State establishes a statistical system for workforce survey and a system for employment and unemployment registration, in order to conduct statistical survey of the workforce resources and of the status of employment and unemployment and publish the statistical findings.

When statistics departments and administrative departments of labor conduct statistical survey of the workforce and registration of employment and unemployment, the employing units and individuals shall provide truthful information required for statistical survey and registration.