Ministry of Personnel and State Administration for Industry and Commerce, Administration of the Employment Market Provisions

Promulgated: September 11 2001
Effective: October 1 2001
Interpreting authority: Ministry of Personnel and State Administration for Industry and Commerce
Applicability: For the purposes of the Provisions, "employment market" refers to the activities of employment service institutions, employers and individuals in relation to recruitment, employment and other related personnel affairs (Article 2); and an "employment service institution" is a provider of, among other things, recruitment services to employers and persons with certified technical skills or polytechnic education (Article 5).

Main contents: Under the Provisions, establishment of an employment service institution is subject to the approval of the administrative department in charge of personnel affairs at an appropriate level (Article 8). Such approval is granted in the form of an Employment Service Permit (Article 9). If an internet information service provider wishes to provide online employment services, it must also obtain such a permit (Article 10). Foreign (including Hong Kong, Macao and Taiwan) human resources entities are permitted to provide employment services only through joint ventures with domestic employment service institutions, and such joint ventures are subject to approval by a provincial level administrative department in charge of personnel affairs (Article 11). Subject to appropriate authorization, an employment service institution may handle certain personnel affairs on behalf of employers and individuals, such as custody of personnel files and application for professional qualifications (Article 20). All employment exchange meetings shall be organized by qualified employment service institutions and must be approved by the county-level or higher administrative department in charge of personnel affairs (Articles 23 and 24). The Provisions also prohibit certain types of behaviour by employers when recruiting, including various forms of discrimination, collecting fees from employment candidates and recruiting persons the recruitment of whom is prohibited (Articles 26, 27 and 29).
Repealed legislation: Ministry of Personnel, Administration of the Employment Market Tentative Provisions, 1996