CIRCULAR OF THE MINISTRY OF LABOUR ON THE ISSUANCE OF THE INTERIM PROVISIONS GOVERNING TRANSPROVINCIAL AND FLOATING EMPLOYMENT OF RURAL LABOUR FORCE

#A类别：LABOR LAWS AND REGULATIONS FOR FOREIGN INWVESTMENT ENTERPRISES

#B标题：CIRCULAR OF THE MINISTRY OF LABOUR ON THE ISSUANCE OF THE INTERIM PROVISIONS GOVERNING TRANSPROVINCIAL AND FLOATING EMPLOYMENT OF RURAL LABOUR FORCE

#C 发布日期：1994-11-17

#D执行日期：1994-11-17

#E文号：LMI[1994] No.458

#F发布单位： the Ministry of Labour

#G有效否：

#H

CIRCULAR OF THE MINISTRY OF LABOUR ON THE ISSUANCE OF THE INTERIM PROVISIONS GOVERNING TRANSPROVINCIAL AND FLOATING EMPLOYMENT OF RURAL LABOUR FORCE

LMI[1994] No.458 issued by the Ministry of Labour on November 17, 1994

To: Labour(or Labour and Personnel ) Bureaus of Provinces, Autonomous Regions, Municipalities Directly under the Central Government and Cities Specifically Designated in the State Plan.

Interim Provisions Governing Trans-provincial and Floating Employment of Rural Labour Force ()hereinafter simplified as "Provisions") are hereby promulgated with a view to strengthening the administration of the transregional and floating employment of rural labour force, regulating the acts of the recruitment made by employing units, the employment for rural labour force and relevant service activities engaged by various service organizations, and guiding rural labour force to transregionally float in good order. For the purpose of actually implement these Provisions, the local bureaus at various levels are required to step up to do well the following work:

1. to organize labourers to float in good order during the transportation of the Spring Festival and give wide publicity to the main contents of these Provisions;

2.to work out the specific measures for the implementation and the implementing standard as soon as possible in accordance with relevant paragraphs as stipulated by these Provisions and in the light of local actual circumstances; and

3. to make good arrangement for printing and distributing floating employment certificates in accordance with the requirements of these Provisions. As to the relevant requirements for the model and printing of nonnative's employment certificates and employment registration cards for outgoing personnel, the employment department of our Ministry shall keep in touch with local bureaus at various levels.

Appendix: Interim Provisions Governing Transprovincial and Floating Employment of Rural Labour Force.

INTERIM PROVISIONS GOVERNING TRANSPROVINCIAL AND FLOATING EMPLOYMENT OF RURAL LABOUR FORCE

Chapter I General Provisions

Article 1 In accordance with the relevant laws and regulations , these Provisions are worked our for the purpose of guiding rural labour force transregionally floating in good order, regulating the acts of employing units transprovincially recruiting rural labour force and transprovincial and floating employment of rural labour force, and protecting legitimate rights and interests of two parties concerned.

Article 2 "Employing units" used in these Provisions refer to enterprises, individual economic organizations, State organs, institutional organizations and societies.

"Transprovincially recruiting rural labour force" refers to recruiting and using rural labour force whose permanent residences are not registered at the local provinces, autonomous regions or municipalities directly under the Central Government.

" Transprovincial and floating employment" means to go in for employment out of the provinces, autonomous regions or municipalities directly under the Central Government where the residences are registered.

Article 3 Except as otherwise provided by laws and regulations, these Provisions shall apply to all employing units , job-service organizations and rural labourers within the territory of our country.

Article 4 The labour administrative departments at or above the county level shall be responsible for the overall administration, supervision and inspection ontransprovincial and floating employment of rural labour force in their respective area. The job-service organizations at all levels shall be responsible for the specific work of conducting the organization, management, coordination, guidance and services of transprovincial and floating employment of rural labour force under the leadership of the labour administrative departments.

Chapter II Recruitment

Article 5 An employing unit may transprovincially recruit rural labour force only if the local labour force can not meet the demands and if the case is in conformity with any one of the following circumstances:

(1) with the examination and confirmation of the job-service agency, there is in great need for transprovincial recruitment due to lack of the local labour force;

(2) with the examination and confirmation of the job-service agency, the personnel of the trades and types of work required to be recruited by the employing unit can not meet or not sufficiently meet the needs in the locality; or

(3) although cases are not subject to the preceding circumstances, the employing unit is unable to recruit or to recruit enough personnel within the prescribed scope and time limit.

Article 6 The employing unit that transprovincially recruits rural labour force shall possess working conditions and corresponding living conditions as provided by laws and regulations.

Article 7 An employing unit may take the following ways to transprovincially recruit rural labour force:

(1) to dispatch personnel to the recruited place to make direct recruitment;

(2) to entrust the job introduction agency under the labour department or other job introduction agencies with corresponding qualifications located at the place where the residences of recruited laboureers are registered to make recruitment ; and

(3) to entrust the job introduction agency under the local labour department or other job introduction agencies with corresponding qualifications to make recruitment.

Article 8 When an employing unit or its entrusted agent recruits rural labourers from the place of their residences, it shall submit necessary documents to the local job-service agency.And with the verification and approval, it may make the recruitment with the coordination of the job-service agency and accept the supervision by the local labour administrative department.The documents that ought to be submitted shall include as follows:

(1) a license to recruit labour force from other provinces signed by the job-service agency located at the place that the employing unit belongs to;

(2) general regulations for recruitment examined and approved by the job-service agency located at the place that the employing unit belongs to;

(3) legal documents testifying the capitals of the employing unit; and

(4) the proxy produced by the client.

Article 9 The employing unit shall be generally not permitted to directly recruit rural labour force form other provinces in the locality.Where there are special provisions drawn up by the local labour administrative department, such special provisions shall apply.

Where the employing unit entrusts job introduction agencies to recruit rural labour force form other provinces in the locality, it shall be conducted according to the requirements and procedures stipulated by local labour administrative departments.

Article 10 The employing unit shall conclude labour contracts with its labourers according to law.

The employing unit may , according to law, conclude the service contracts with the job-service agencies at or above the county level from which labour force is exported or other job-service organizations in conformity with the requirements provided by labour administrative departments.

ChapterIII Employment

Article 11 The rural labourers for transprovincial and floating employment must meet the following requirements:

(1) to reach the statutory age to be employed and have ability to work;

(2) to have necessary vocational and technical ability;

(3) to have ability to assume civil responsibilities independently and not affect the assumption of the responsibilities and obligations due to their going out; and

(4) other requirements provided by the labour administrative departments of provinces, autonomous regions and municipalities directly under the Central Government or the authorized local labour administrative departments.

Article 12 The rural labourers transprovincially recruited by an employing unit shall, before their departure with the identification cards and other necessary certificates, register at the job-service agency located at the place of their residences and receive employment registration cards for the outgoing personnel. After their arrival at the employing unit , they shall, with the employment registration cards, receive nonnative's employment certificates issued by the local labour department. The certificate and card are hereinafter simplified as floating employment certificates which are the valid certificates for floating employment.

Article13 The rural labourers of transprovincial and floating employment may, with floating employment certificates, enjoy job-service provided by the job-service agencies and other social services.

Article 14 The rural labourers who have received floating employment certificates may, with the certificates, handle the extenuation of labour contracts or transference of their occupations in the locality according to certain requirements and procedures.

Chapter IV Services

Article 15 The job introduction agencies under the labor departments and other job introduction agencies with corresponding qualifications shall be in charge of providing intermediary services for transprovincial and floating employment of the rural labor force.

The term of " intermediary services" used in this Article refers to helping the employing units transprovincially recruit rural labor force or introducing rural labourers to transprovincial and floating employment.

The term of " other job introduction agencies with corresponding qualifications" used in this Article refers to job introduction agencies not subordinate to labor departments which have been determined by labor departments which have been determined by labor departments and have obtained intermediary licenses for transprovincial and floating employment.

Job introduction agencies run by the people, other organizations and individuals that have not obtained such licenses shall be not allowed to engage in such activities as intermediary services.

The intermediary services for transprovincial and floating employment of rural labor force must be conducted according to law, follow the principles of equity and voluntaries and protect the legitimate rights and interests of labourers and employing units.

Article 16 The vocational training agencies under labor departments and other vocational training agencies with corresponding qualifications run by the people shall be in charge of vocational training necessary for transprovincial and floating employment of rural labor force.

The vocational training for transprovincial and floating employment of rural labor force shall be conducted in the light of the needs of employing units and labourers and in accordance with relevant provisions.

Article 17 The job-service agencies located at the places where labor force is exported (hereinafter simplified as " exported places") shall assist the job-service agencies located (hereinafter simplified as "imported places") in providing labourers of transprovincial and floating employment with necessary subsequent services. Other job-service organizations in conformity with the requirements provided by labor administrative departments may also engage in the above-mentioned services according to their service contracts.

Article 18 The determination of their qualification and the measures of examination and approval for various service organizations mentioned in these provisions shall be worked out by the labor administrative departments of provinces , autonomous regions and municipalities directly under the Central Government or the authorized local labor administrative departments.

Article 19 The standards for intermediary service charges, training fees and subsequent service charges collected by the job-service agencies and other various organizations according to their served personnel shall be determined according to the provisions on service charges prescribed by local government.

Chapter V Organization and Management

Article 20 The job-service agencies of provinces, autonomous regions and municipalities directly under the Central Government shall be charge of organizations and management,coordination and guidance of transprovincial and floating employment of rural labor force under the leadership of the labor administrative department at the same level.

The job-service agencies of cities (or prefectures) and counties (or districts) shall be in charge of specifically organizing and implementing the management and services of tansprovincial and floating employment of rural labor force under the leadership of the labor administrative department at the same level.

The job-service centers (or institutions) of townships, towns and neighborhoods as well as job-service organization run by other departments of the governments shall be responsible for handing specific affairs of transprovincial and floating employment of rural labor force under the leadership of the higher labor administrative department.

Article 21 The labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government and the authorized local labor administrative departments in imported places shall make guiding plans and catalogues of trades and types of work for recruiting rural labour force form other provinces.

The job-service agencies of provinces, autonomous regions and municipalities directly under the Central Government and local job-service agencies authorized by the labor administrative departments at the provinces level in imported places shall be responsible for issuing nonnative's employment certificates to the rural labor form other provinces who are recruited by the local employing units. The number of issued certificates shall be determined by the number required for the recruitment of rural labor force form other provinces.

The nonnative's employment certificates with the title of "Nonnative's Employment Certificates from * * Province (or Autonomous Region or Municipality Directly under the Central Government

)",shall be printed by the job-service agencies of provinces,autonomous regions and municipalities directly under the Central Government in imported places according to the unified forms provided by the Ministry of Labor under the supervision and guidance of the labor administrative departments.

Article 22 The labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government and the authorized local labor administrative departments in exported places shall make guiding plans for exporting rural labor force to other provinces.

The job-service agencies of provinces, autonomous regions and municipalities directly under the Central Government and the local job-service agencies authored by the labor administrative departments at the province level in exported places shall be responsible for registering the local rural force recruited by other provinces, signing and issuing employment registration cards for the outgoing personnel. The number of signed and issued cards shall be equal to the number of the local rural labor force actually recruited by employing units of other provinces.

The employment registration cards for outgoing personnel called as "Employment Registration Cards for the Outgoing Personnel of * * Province ( or Autonomous Region, or Municipality Directly under the Central Government )" , shall be printed by the job-service agencies of provinces, autonomous regions and municipalities directly under the Central Government in exported places according to the unified forms provided by the Ministry of labor under the guidance and supervision of the labor administrative department.

Article 23 The labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government in imported places and exported places shall guide their job-service agencies to develop interprovincial cooperation in various ways and do well the work of market investigation, statistics, analysis, prediction, information exchanges and management.

The job-service agencies in imported places may establish service bases in exported places so as to provide local employing units with directional services for transprovincial recruitment of rural labor force..

In imported places, the job-services in exported places may set up working agencies called as " service offices (or centers )" , which shall be in charge of coordinating the management and act as agents to provide the services entrusted by the local job-service agencies.

Article 24 The labor departments at or above the county level in imported places may collect" regulations for recruiting labor force from other provinces" from the employing units recruiting rural labor force from other provinces according to the requirement of the management , training , services and regulating the floating of labor force. The specific measures and standards of the collection shall be temporarily implemented in accordance with the current provisions on labor management fees worked our by the local people's governments prior to the formulation of new provisions.

Chapter VI Punishment

Article 25 Where an employing unit is violation of Articles 5,7,8 or 9 of these Provisions or employs labourers without floating employment certificates, it shall be ordered to make corrections and be imposed a fine upon.

Article 26 Where an organization or an individual engaged in intermediary activities for transprovincial and floating employment of rural labor force is in violation of Article 15 of these Provisions, it shall be ordered to stop the intermediary activities. All gains from the activities shall be confiscated, and it shall be imposed a fine upon.

Article 27 The functionaries of labor administrative departments and job-service agencies subordinate to labor administrative departments who liberally issue certificates or cards, neglect their duties, and engage in malpractice's for selfish ends in violation of these Provisions shall be given administrative sanctions; the offenders shall be investigated for criminal responsibilities in accordance with the law if a crime is constituted.

Article 28 The standards of the punishment shall be determined by the labor administrative departments of provinces , autonomous regions and municipalities directly under the Central Government together with other relevant departments.

Article 29 The punishments prescribed in this Chapter shall be implemented by the labor administrative departments of the people's governments at or above the county level.

Chapter VII Supplementary Provisions

Article 30 In case of rural labor force transprovincially engaged in agricultural production, or rural labor force employed in the large or medium-sized cities within their provinces ,m or labor force from cities and towns transprovincially employed, it shall be implemented with reference to these Provisions.

Article 31 The labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government or the authorized local labor administrative departments may formulate the specific measures and standards for the implementation in accordance with Articles 5,6,8,9,11,13,14,15,16,17,21,22,23 and 24 of these Provisions, and submit them to the Ministry of Labor for the record.

Article 32 These Provisions shall be implemented as of the date of their promulgation.