Article 1 These Measures are formulated for the implementation of the Employment Promotion Law of People's Republic of China (PRC), combined with the actual situation of this province.
Article 2 People's governments at all levels should take expanding employment as an important goal of economic and social development, incorporate it into national economic and social development plans and annual plans, and formulate medium-and long-term plans and annual work plans to promote employment.
Third provincial people's government to establish a coordination mechanism to promote employment, study and solve major problems in the province's employment work, coordinate and promote the province's employment promotion work.
City and county (District) people's governments shall, according to the needs of promoting employment, establish corresponding coordination mechanisms to study and solve major problems in employment work in their respective administrative areas.
Article 4 The people's governments at or above the county level may set up an employment policy advisory committee composed of experts, business representatives and workers' representatives as needed to provide advice for the government in formulating employment policies and specific measures to promote employment.
Article 5 People's governments at all levels shall take various measures to create employment conditions and promote full employment.
The competent departments of human resources and social security of the people's governments at or above the county level shall be specifically responsible for promoting employment within their respective administrative areas.
Development and reform, education, public security, civil affairs, finance, taxation, business administration and other departments, in accordance with their respective responsibilities, work together to promote employment.
Trade unions, the Communist Youth League, women's federations, disabled persons' federations, industrial and commercial federations and other social organizations shall assist the people's governments in promoting employment and safeguarding workers' labor rights according to law.
Chapter II Policy Support
Article 6 People's governments at or above the county level shall strengthen the coordination of fiscal policies, industrial policies and employment policies, and comprehensively consider the impact on employment when implementing macro-control, economic restructuring and arranging major industrial layouts and major projects.
Seventh people's governments at or above the county level shall give full play to the role of government investment and major construction projects in promoting employment and actively increase employment. The feasibility report of government investment and the application report of major construction projects shall include post changes and human resource allocation. The competent department of project examination and approval shall examine the impact of the project on employment.
Article 8 People's governments at all levels shall, according to the employment situation and employment objectives, arrange special funds for employment in the financial budget to promote employment.
Special funds for employment are used as subsidies for job introduction, vocational training, public welfare posts, vocational skill appraisal, entrepreneurship training, specific employment policies and social insurance, entrepreneurship funding, small loan guarantee funds and small secured loans for low-profit projects, and public employment service support.
Ninth people's governments at or above the county level may, on the basis of ensuring the timely and full payment of unemployment insurance benefits, withdraw a certain proportion of unemployment insurance funds in accordance with the provisions of the state and the province for promoting and stabilizing employment.
Article 10 The provincial people's government shall formulate and implement the strategy of coordinated development of regional employment, so as to promote the balanced development of employment level, public employment service capacity and employment support policies in different regions.
The people's governments at the provincial level give necessary support and help to the employment promotion work in areas with high employment pressure and weak financial resources.
Article 11 The people's governments at or above the county level shall improve the entrepreneurship support policies, establish a continuous replenishment mechanism of the microfinance guarantee fund, encourage and support workers to start their own businesses and find jobs independently, and provide entrepreneurs with services and support such as policy consultation, entrepreneurship training, project development, entrepreneurship guidance and microfinance.
If the registered workers in this province have insufficient self-financing for self-employment, they may apply to financial institutions for small secured loans according to regulations; Engaged in low-profit projects, the people's governments at or above the county level give a certain period of small secured loans discount.
If the people with employment difficulties in this province start their own businesses, they will be given business start-up funding according to the regulations.
Twelfth encourage financial institutions to improve financial services, increase credit support for small and medium-sized enterprises, and ensure and improve the ability of small and medium-sized enterprises to absorb employment.
Article 13 All kinds of business markets and shops that enjoy preferential policies from the government shall reserve a certain proportion of booths for priority lease to people with employment difficulties and other registered unemployed people, and shall be exempted from administrative fees according to regulations, and the rental fees and management fees shall be reduced by not less than 50%.
Article 14 If an employer recruits people with employment difficulties in this province and signs a labor contract of 1 year or more and pays social insurance premiums in accordance with the provisions of the state and the province, it will give social insurance subsidies and post subsidies according to the actual number of employees.
People with employment difficulties in this province are engaged in self-employed or flexible employment. If they apply for employment registration and pay social insurance premiums in the local human resources and social security departments, they will be given social insurance subsidies in accordance with the regulations.
Fifteenth of the social employment intermediary agencies to provide free employment services for people with employment difficulties, other registered unemployed people in this province and rural workers within the legal working age, in accordance with the provisions of the occupation introduction subsidies.
Article 16 For those with employment difficulties, other registered unemployed persons and rural workers with household registration in this province who are within the legal working age, subsidies for vocational training or entrepreneurship training shall be given in accordance with the regulations, and subsidies for vocational skill appraisal shall be given to those with employment difficulties and rural workers who have obtained vocational qualification certificates through vocational skill appraisal.
The competent department of human resources and social security shall, with reference to the provisions of Article 26 of the Procurement Law of People's Republic of China (PRC), determine the vocational skills training institutions that provide training services for the workers specified in the preceding paragraph.
Article 17 The people's governments at or above the county level and their relevant departments shall, in accordance with the provisions of the state and this province, define the objects, conditions, standards, time limits and other contents of employment support policies such as subsidies, subsidies, small secured loans and discount loans, and announce them to the public.
People's governments at all levels and their relevant departments shall implement the provisions of the state, the province and the local area to ensure the implementation of relevant employment support policies.
Article 18 To apply for social insurance subsidies and post subsidies, an application shall be submitted to the competent department of human resources and social security of the insured place.
To apply for employment subsidies, an application shall be submitted to the competent department of human resources and social security where the employment agency is located.
Those who apply for subsidies for vocational training and entrepreneurship training shall apply to the competent department of human resources and social security where the training institution is located.
To apply for entrepreneurship funding, an application shall be submitted to the competent department of human resources and social security in the place where the entrepreneurship is located.
Nineteenth relevant units and individuals to the competent department of human resources and social security to apply for subsidies and subsidies stipulated in these measures, shall truthfully fill in the application form, and provide relevant certification materials in accordance with the requirements announced by the competent department of human resources and social security.
If the applicant submits complete materials, the competent department of human resources and social security shall put forward audit opinions within ten working days from the date of receiving the relevant materials. In line with the conditions, it shall be handed over to the financial department at the same level for audit within five working days from the date of putting forward the audit opinion; If it does not meet the requirements, it shall inform the applicant in writing and explain the reasons.
The financial department shall complete the audit and allocate funds within ten working days. The competent departments of human resources and social security at all levels shall publicize the subsidies and subsidies in human resources and social security portals, relevant village (neighborhood) committees, public employment service agencies or social insurance agencies, and accept the supervision and inspection of social supervision and supervision and auditing departments.
Chapter III Fair Employment
Article 20 Except for jobs or posts that are not suitable for women as stipulated by the state, the employing unit shall not refuse to employ women or raise the employment standards for women on the grounds of gender.
When employing female employees, the employing unit shall not stipulate in the labor contract clauses that restrict the marriage, childbirth and gender discrimination of female employees.
Article 21 Disabled persons enjoy equal labor rights with other workers. The employing unit shall not discriminate against the disabled when recruiting personnel.
Twenty-second in addition to the national laws, administrative regulations and the provisions of the administrative department of public health in the State Council, the employer shall not refuse to hire people on the grounds that they are carriers of infectious diseases.
Twenty-third any unit or individual to publish recruitment information, shall not contain discriminatory content.
Article 24 An employer may not set discriminatory wage standards for reasons such as gender, health and household registration.
Chapter IV Employment Service and Management
Twenty-fifth people's governments at or above the county level shall gradually improve the employment service system and employment service system covering urban and rural areas, and develop employment services.
Twenty-sixth provincial human resources and social security departments shall organize the establishment of a unified * * * shared database of human resources and market supply and demand information for supply and demand personnel and employers to inquire for free.
The people's governments at or above the county level shall strengthen the construction of human resources market information networks and facilities; Improve the information release system of human resources market, and timely release the salary survey and supply and demand information of human resources market.
Twenty-seventh people's governments at or above the county level shall establish and improve the urban and rural public employment service system, set up public employment service agencies, improve the public employment services in streets (towns) and communities, and provide the following services for workers free of charge:
(1) Consultation on employment policies and regulations;
(two) the release of professional supply and demand information, market wage guidance price information and vocational training information;
(3) Vocational guidance and employment introduction;
(four) public welfare post information release;
(five) to provide employment assistance to people with employment difficulties;
(6) Handling employment registration, unemployment registration and other affairs;
(7) Other public employment services.
Public employment service institutions shall collect, analyze, upload and update the supply and demand information of human resources market in accordance with the unified requirements of the whole province, and carry out dynamic monitoring of public employment services such as unemployment.
* * * Employment service funds are included in the fiscal budget at the same level.
Twenty-eighth public employment service institutions shall, in accordance with the provisions of the public employment service standards and procedures, open the service process, service content and service effect, and accept social supervision.
Public employment service institutions shall provide professional employment services according to the characteristics of the clients.
Public employment service institutions shall not engage in business activities.
Twenty-ninth employment and unemployment registration to implement a unified certificate of the province. Employment unemployment registration certificate is used to record employment, unemployment, participation in social insurance and other human resources and social security information. Workers can enjoy public employment services and related support policies to promote employment with the Employment Unemployment Registration Certificate, and apply for unemployment insurance benefits according to law. Employment and unemployment registration vouchers are divided into paper vouchers and electronic certificate, and electronic certificate is encouraged.
Establish a unified employment and unemployment registration information system in the province. Public employment service agencies should register employment and unemployment through this system. The information resources of the system are available all over the province, and workers can inquire their own employment and unemployment registration information for free.
The Employment and Unemployment Registration Certificate is issued by the public employment service agency when it handles the first employment and unemployment registration for the workers, and is kept by the workers themselves, and the employer shall not detain it.
Thirtieth workers receive employment unemployment registration certificate for the first time without paying the fee. Replacement, renewal or cancellation, fees shall be paid, and the charging standard shall be formulated by the provincial price department in conjunction with the provincial finance department.
Article 31 The employing unit shall, within 30 days from the date of employment, go through the employment registration formalities for the employees at the public employment service institutions where the employees are located. When the employer terminates or terminates the labor relationship with the laborer, it shall go through the filing formalities within fifteen days.
Workers engaged in self-employed or flexible employment, by himself to the employment service agencies for employment registration.
Thirty-second in the legal working age, have the ability to work, have the will to work, in the province's urban household registration, can apply for unemployment registration to the public employment service agencies where the household registration is located. Rural workers and other non-county (city, district) urban household registration personnel who have been stably employed for six months and registered for employment may register for unemployment at the place of employment after unemployment.
When applying for unemployment registration, workers shall truthfully fill in the application form for unemployment registration, and provide their identity documents and relevant certificates to prove their original identity; If you have employment experience, you should provide proof of dissolution or termination of labor relations with the original unit.
Article 33 When recruiting employees from China, the resident representative office of a foreign enterprise in Guangdong shall entrust the provincial people's government or an institution approved by the State Council to go through the relevant formalities in accordance with state regulations, and shall not arbitrarily recruit or entrust other units or individuals to recruit.
Thirty-fourth provincial people's government shall, according to the supply and demand of human resources and the needs of macro-control, formulate and publish a catalogue of foreigners entering Guangdong for employment. The occupational management catalogue of foreigners entering Guangdong for employment is divided into two categories: encouraging introduction and restricting introduction. Employers employing foreigners shall meet the requirements of this catalogue.
When employing foreigners, the employing unit shall apply for an employment permit and a foreigner's employment permit in accordance with the relevant provisions of the state, and pay the employment placement fee in accordance with the regulations when applying for a foreigner's employment permit. Foreigners recruited by the employing unit, who are encouraged to be introduced in the catalogue of employment and vocational management specified in the preceding paragraph, are exempt from the employment placement fee.
Thirty-fifth people's governments at or above the county level shall carry out labor force survey and statistics, establish and improve the human resources information database, and regularly publish employment and unemployment indicators such as urban registered unemployment rate, survey unemployment rate and new employment.
Chapter V Vocational Education and Training
Article 36 The people's governments at or above the county level shall establish a vocational skills education and training mechanism oriented to promoting employment, promote the establishment of a system of combining production with education and school-enterprise cooperation, and formulate and implement vocational skills education and training policies conducive to promoting employment.
Article 37 People's governments at or above the county level shall establish and improve the vocational skills education and training system for all workers, research and develop vocational skills training programs, release vocational skills training configuration information, and carry out vocational skills training guidance and policy consultation services.
The people's governments at or above the county level shall encourage and support all kinds of vocational colleges, technical schools, vocational skills training institutions and employers to carry out pre-service training, on-the-job training, re-employment training and entrepreneurship training according to law.
Article 38 The competent departments of human resources and social security at all levels shall strengthen the guidance and services for all kinds of vocational skill appraisal, and provide public services such as career development information, policy consultation, skill appraisal and vocational qualification certificate inquiry for workers and employers.
Article 39 All kinds of enterprises shall fully withdraw the employee education funds according to 1.5% to 2.5% of the total wages of employees in the previous year, and use them for the vocational skills training and continuing education and training of employees. Staff education funds should be earmarked, and their use should be made public regularly.
Article 40 People's governments at or above the county level shall support and encourage secondary vocational schools, technical schools and vocational skills training institutions to carry out labor preparation training, and provide vocational skills education and training for junior high school and high school graduates who cannot continue their studies for three months to three years, so as to enable them to obtain corresponding vocational qualifications or master certain vocational skills.
Forty-first people's governments at or above the county level shall gradually establish a youth vocational probation system to guide and encourage all types of employers to accept young workers without employment experience.
Article 42 The competent department of human resources and social security, the Communist Youth League and other units shall guide and coordinate the work of young people's vocational probation, release the information of probation posts in a timely manner, and assist those who are interested in participating in the probation to carry out relevant job training.
Forty-third people's governments at or above the county level shall strengthen the construction of skilled personnel, ensure the due treatment of skilled personnel, and implement a government subsidy system for highly skilled personnel who have made outstanding contributions to economic and social construction.
High-skilled talents who have been employed continuously for a certain number of years in the place of employment may apply to enter the household in the place of employment, and their spouses, children and parents' accounts may be moved with them according to relevant regulations. The specific measures shall be formulated by the people's governments at or above the prefecture level.
The term "highly skilled personnel" as mentioned in the preceding paragraph refers to those who have obtained the national vocational qualifications of senior workers, technicians and senior technicians.
Chapter VI Employment Assistance
Forty-fourth in the legal working age, have the ability to work and the willingness to work, in the state of unemployment in the province's household registration personnel under any of the following circumstances, the people's governments at all levels shall give priority to support and focus on helping people with employment difficulties:
(a) with urban household registration, women over 40 years of age, men over 50 years of age;
(2) Being assessed as disabled by a disability assessment institution;
(three) enjoy the minimum living allowance;
(4) Belonging to zero-employment family members in cities and towns;
(5) Zero-transfer employment of poor family members in rural areas;
(6) Farmers who have lost all their land due to land expropriation;
(seven) continuous unemployment for more than one year;
(eight) other circumstances stipulated by the people's government at the provincial or prefecture level.
Article 45 Laborers who meet the requirements of people with employment difficulties can apply for the approval of people with employment difficulties to the human resources and social security institutions in the street (township) where their household registration is located with their identity documents, employment unemployment registration certificates, truthfully filled-in application forms and other related materials.
If the application materials are complete, the street (township) human resources and social security institutions shall complete the preliminary examination within five working days. In line with the conditions, the applicant shall publicize it in the village (neighborhood) Committee where he lives for more than three working days. Publicity without objection, the application materials will be submitted to the county (city, district) public employment service institutions for review within three working days. If it meets the requirements, it shall be approved and indicated on the applicant's employment and unemployment registration certificate; If it does not meet the requirements, it shall inform the applicant in writing and explain the reasons.
If the applicant disagrees with the approved results, he may apply to the competent department of human resources and social security of the people's government at the same level of the approved public employment service institution for review.
Article 46 For the following public welfare posts invested or supported by the people's government at or above the county level, the employing unit shall publicly release the recruitment information to the public through the public employment service agencies, and recruit people with employment difficulties in this province according to the proportion of not less than 40% of the public welfare posts of this unit:
(a) the financial allocation of the institution's external logistics posts;
(2) Service posts of government-invested construction projects;
(3) Temporary posts arising from social welfare activities organized by the government and its departments;
(four) the exercise of public management functions by the government and its departments;
(5) Other public welfare posts.
After the deadline for the release of recruitment information, if the employer fails to recruit people with employment difficulties who meet the job requirements, it can recruit other personnel only after confirmation by the public employment service agency.
People's governments at all levels should encourage and support the people with employment difficulties who are placed in public welfare posts to improve their employment skills, realize regular employment as soon as possible, and improve the efficiency of the use of public welfare posts.
Forty-seventh encourage all kinds of employment service agencies to provide free employment services for people with employment difficulties.
Employment service agencies for the disabled set up by disabled persons' federations at all levels shall provide free public employment services for the disabled.
Forty-eighth people's governments at all levels shall establish and improve the employment security system for land-expropriated farmers, and land-expropriated farmers shall enjoy relevant employment support policies in accordance with regulations.
Land units should give priority to the employment of landless farmers who are suitable for the post requirements of their own units.
Chapter VII Supervision and Inspection
Article 49 The people's governments at or above the county level shall regularly carry out the assessment of the employment target responsibility system, and take the newly-increased employment, the registered unemployment rate in cities and towns, the employment rate of people with employment difficulties, the employment of surplus agricultural labor, the implementation of employment support policies and special employment funds as important contents of the performance assessment of the people's government at the next lower level and relevant administrative departments.
Fiftieth people's governments at or above the county level and their departments of finance, auditing, human resources and social security shall regulate the use of special funds for employment according to law, strengthen supervision over the use of funds, ensure the safety of funds and improve the efficiency in the use of funds.
The people's governments at or above the county level shall establish and improve the evaluation system of the use effect of special employment funds, and link the distribution of special employment funds with the use effect of funds.
Article 51 The competent departments of human resources and social security of the people's governments at or above the county level shall supervise and inspect the implementation of these Measures by the employing units, relevant institutions and laborers, and strengthen the supervision and guidance on the employment promotion work carried out by the subordinate competent departments of human resources and social security and public employment service agencies.
The competent departments of schools and training institutions shall supervise and inspect the implementation of these measures by the schools and training institutions under their management.
Article 52 The competent departments of human resources and social security of the people's governments at or above the county level and other relevant administrative departments shall establish a reporting system, accept reports of violations of these measures from citizens, legal persons or other organizations, and promptly verify and handle them.
Fifty-third citizens, legal persons or other organizations who are dissatisfied with the specific administrative acts made by the human resources and social security and financial departments may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter VIII Legal Liability
Article 54 If the employing unit fails to go through the registration or filing procedures for its employees in accordance with the provisions of the first paragraph of Article 31 of these Measures, the competent department of human resources and social security shall order it to make corrections, and may impose a fine of more than RMB 100 and less than 300 yuan per person according to the number of people who have not gone through the registration or filing; If it causes damage to workers, it shall be liable for compensation.
Article 55 If an enterprise fails to withdraw or use the employee education funds in full in accordance with the provisions of Article 39 of these Measures, the competent department of human resources and social security shall order it to make corrections and may impose a fine of not less than 20,000 yuan but not more than 50,000 yuan.
Article 56 If an employer fails to publish information on public welfare posts or recruit people with employment difficulties in accordance with the provisions of Article 46 of these Measures and belongs to a state organ or institution, the relevant responsible person shall be punished by the department with management authority according to law; Belonging to other units, the competent department of human resources and social security shall order it to make corrections, and may impose a fine of not less than 10,000 yuan but not more than 20,000 yuan.
Fifty-seventh people's governments at all levels, human resources and social security departments, other relevant departments or institutions have one of the following acts, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) the management and use of special funds for employment caused losses;
(two) misappropriation of special funds for employment;
(3) Forging or assisting others in forging materials to defraud special funds for employment;
(4) failing to disclose relevant contents in accordance with the provisions of Article 17 of these Measures;
(5) Delaying or refusing to issue subsidies, subsidies or discount interest to units or individuals that meet the conditions for enjoying subsidies, subsidies or discount interest;
(six) failing to carry out public employment services in accordance with the provisions of article twenty-eighth;
(seven) failing to go through the registration or filing procedures in accordance with the provisions of Article 31 and Article 32 of these measures;
(eight) false employment promotion assessment indicators;
(nine) other acts of fraud, abuse of power, dereliction of duty or favoritism.
Fifty-eighth people who do not meet the prescribed conditions are identified as people with employment difficulties or enjoy relevant subsidies, subsidies, interest subsidies and other benefits. The competent department of human resources and social security shall cancel the identification and recover the corresponding funds.
If a unit or individual provides false information and obtains relevant subsidies, subsidies and interest discounts, the competent department of human resources and social security shall order it to return the corresponding funds and impose a fine of more than 2,000 yuan and less than 20,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.