Employment Promotion Law of the People's Republic of China (2015Amendment)

Employment Promotion Law of the People's Republic of China (2015Amendment) Employment Promotion Law of the People's Republic of China (Adopted at the 29th session of the Standing Committee of the Tenth National People's Congress on August 30, 2007; and amended in accordance with the Decision on Amending the Six Laws Including the Electric Power Law of the People's Republic of China adopted at the 14th Session of the Twelfth National People's Congress on April 24, 2015) Contents Chapter I General Provisions Chapter II Policy Support Chapter III Fair Employment Chapter IV Employment Services and Management Chapter V Vocational Education and Training Chapter VI Employment Aids Chapter VII Supervision and Inspection Chapter VIII Legal Liabilities Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 This law is enacted to promote employment, promote positive interaction between economic development and increase of employment, and promote the harmony and stability of society. Article 2 The state highlights the increase of employment in the development of economy and society, implements active employment policies, upholds the guiding principles of workers choosing their own jobs and the market regulating employment and the government promoting employment, and increases employment through multiple channels. Article 3 Workers shall have the right to equal employment and to choose job on their own initiative in accordance with the law Workers seeking employment shall not be subject to discrimination based on factors such as ethnicity, race, gender, religious belief etc. Article 4 The people's governments at and above the county level shall regard the increase of employment as an important goal for the development of economy and social development, integrate it in the plan on development of national economy and society and work out medium and long term plans and annual work plans on promoting the increase of employment. Article 5 The people's governments at and above the county level shall create employment conditions and increase employment by taking measures such as developing the economy, adjusting the industrial structure, regulating the market of human resources, improving the employment services, strengthening the vocational education and training, and providing employment aid, etc. Article 6 The State Council shall establish a coordination mechanism for employment promotion work throughout the country, study the significant problems in the employment work, coordinate and push forward the employment promotion work throughout the country. The labor administrative department of State Council shall be responsible for the specific employment promotion work throughout the country. The people's government of each province, autonomous region or municipality directly under the Central Government shall, according to the needs of employment promotion work, establish a coordination mechanism for the employment promotion work, coordinate and solve the significant problems in the employment work in its own administrative area. The relevant departments of the people's government at or above the county level shall, under their respective functions, make joint efforts to accomplish the employment promotion work. Article 7 The state encourages workers to form correct concept of job selection, to enhance the employment and business startup capabilities, start up businesses independently and employ themselves. The people's governments at all levels and the pertinent departments shall simplify procedures and increase efficiency so as to make it easier for workers to start up businesses independently and employ themselves. Article 8 An employer is entitled to enjoy the right to hire workers on its own initiative in pursuance of law. An employer shall guarantee the legitimate rights and interests of workers in accordance with this Law, other laws and regulations. Article 9 The labor unions, communist youth leagues, women's federations, the disabled persons' federations, and other social organizations shall assist the people's governments to carry out the employment promotion work and protect the workers' working rights. Article 10 The people's governments at all levels and the pertinent departments shall commend and reward those entities and individuals who have made outstanding achievements in the employment promotion work. Chapter II Policy Support Article 11 The people's governments at and above the county level shall regard the increase of employment as their important duty and uniformly coordinate the industrial policies and employment policies. Article 12 The state encourages various enterprises to create more jobs by launching new enterprises or expanding businesses within the range as prescribed by laws and regulations. The state encourages the development of labor-intensive industries and service industry, support medium and small enterprises so as to increase jobs through multiple channels and by diversified means. The state encourages, supports and directs the development of non-public economy so as to increase employment and create more jobs. Article 13 The state develops trade both home and abroad as well as international economic cooperation so as to increase more employment channels. Article 14 When the people's government at or above the county level arranges a government investment or decides an important construction project, it shall make the investment or the important construction project play the roles of driving up the employment and creating more jobs. Article 15 The state implements fiscal policies which are helpful to the promotion of employment, inputs more funds and improves the employment environment so as to increase employment. The people's government at or above the county level shall, according to the employment situation and the goal of employment work, make its fiscal budget include an exclusive employment fund for employment promotion. The exclusive employment fund shall be used as subsidies for job recommendation, vocational training, posts for public good, assessment of occupational skills, special employment policies, social insurances, etc., as guarantee fund for small loans and discounted interests on small guaranty loans for minor-profit projects, and be used for supporting the public employment services. The administrative measures for uses of the exclusive employment fund shall be formulated by the finance department and the labor administrative department of the State Council. Article 16 The state shall establish a sound unemployment insurance system so as to ensure the basic living of the unemployed persons and promote their employment. Article 17 The state encourages enterprises to create more jobs and support the unemployed persons and the disabled persons to get jobs, and offers tax preferential treatments to the following enterprises and persons: 1. Enterprises that meet the requirement for offering jobs to unemployed persons who satisfy the conditions as prescribed by the state; 2. Medium and small enterprises set up by unemployed persons; 3. Enterprises that meet the prescribed rate of offering jobs to disabled persons, or that use disabled persons in a centralized manner; 4. Unemployed persons engaging in individual industrial and commercial households and meeting the conditions as prescribed by the state; 5. Disabled persons engaging in individual industrial and commercial households; and 6. Other enterprises and persons entitled to enjoy tax preferential treatments under provisions of the State Council. Article 18 For the persons as mentioned in Article 17 (4) and (5) of this Law, the relevant departments shall give favorable consideration in such aspects as business site, etc. and shall exempt them from administrative fees. Article 19 The state shall adopt financial policies helpful to the promotion of employment, increase financing channels for medium and small enterprises, encourage the financial institutions to improve financial services, give medium and small enterprises more loans, and provide, within a certain time limit, small loans to persons who start up businesses independently. Article 20 The state shall implement employment policies under an overall urban and rural plan, establish a sound system for equal employment of urban and rural workers and direct the transfer......