就业服务与就业管理规定(英文版)
劳动和社会保障部
Release of the Regulations on Employment Service and Employment Management by the Ministry of Labor and Social Security
Order of the Ministry of Labor and Social Security [2007] No. 28
November 5, 2007
The Regulations on Employment Service and Employment Management have already been passed on the 21st Ministerial Meeting held by the Ministry of Labor and Social Security on 30 October 2007, and are hereby promulgated, and shall come into force as of January 1, 2008.
Minister: Tian Chengping
Attachment: Regulations on Employment Service and Employment Management
Chapter I General Provisions
Article 1 These regulations are formulated in accordance with the Employment Promotion Law as well as other laws and administrative regulations so as to improve employment service and intensify employment management practices, foster up and consummate an open, well-structured human resources market featuring competitions in a due order, and provide services for job-seeking laborers and talent-seeking employing units.
Article 2 These regulations shall apply to the laborer's job application and work, the employer's employment and, provision of employment service activities by public employment service organs sponsored by labor security authorities and employment intermediary organs examined and approved by labor security authorities.
The employing units mentioned in this Regulation refer to enterprises, individual economy organizations, private non-enterprise organizations, state-owned administrations, institutions and social organs within Chinese territory which recruit laborers with whom they enter into labor relations.
Article 3 Labor security administrations above-county level shall provide employment service and conduct employment management within their respectively administrative areas pursuant to laws.
Chapter II Job Application and Employment
Article 4 Laborers shall enjoy the right to be employed on an equal basis according to laws. Laborers shall be subject to no discrimination incurred by discrepancies in terms of nationality, race, gender and region.
Article 5 Rural laborers seeking employment in urban areas shall enjoy an equal right of employment as urban laborers do. It is not allowed to impose discriminatory restrictions upon rural laborers seeking employment in urban areas.
Article 6 Any laborer shall enjoy the right to get employed on their own pursuant to laws. The laborer above the age of 16 with working ability, desire for a job, and qualified for legal requirement according to laws, may apply for a job by way of being introduced by job centers or directly contacting employers with his identity documents as well as education and training certificates.
Article 7 When seeking jobs, laborers shall faithfully provide the public employment service organs or employment intermediary organs, and employing units with their personal profiles, descriptions of their knowledge and skills, work experience, status quo of employment directly relating to the job posts they are applying for, and also present certifications thereof.
Article 8 Laborers shall set up a proper concept in choosing their jobs, and enhance their career skills and abilities of starting undertaking.
The country encourages laborers to receive necessary career education or training prior to employment, and also encourages graduates of junior and senior high schools of cities and towns to receive preparatory trainings prior to employment.
The country encourages laborers to launch their own businesses and seek jobs on their own. Labor security departments at all levels shall work with competent departments, streamline formalities, enhance their working efficiency, and provide convenience and corresponding services for laborers' launch of their own businesses and seeking of jobs on their own.
Chapter III Employment
Article 9 The employing unit shall enjoy the right to recruit laborers at its own discretion. Each employing unit shall provide equal employment opportunities and fair employment conditions for all laborers.
Article 10 Employing units may enroll laborers on their own in the following ways:
1. Entrusting public employment service organs or employment intermediary organs;
2. Participating in job fairs;
3. Publishing advertisement for employers by entrusting mass media such as newspapers, radio channels, TV stations and websites.
4. Publishing job application information within their own premises and on their own corporate websites;
5. Other legitimate means.
Article 11 When entrusting a public employment service organ or employment intermediary agency with the employment of laborers or participating in a job fair, the employing unit shall present general rules of employment, business license duplicate. or the official document issued by the competent authority in respect of approval of its establishment, identity documents of the staff who deals with such business and certificate of authorization by the employing unit.
The general rules of employment shall comprise basic conditions of the employer, number of enrollment, type of job, requirement of position and qualification for enrollment, remuneration, welfare, labor protection, etc., as well as other details stipulated under laws and legislations.
Article 12 When recruiting laborers, the employing unit shall inform laborers faithfully according to laws of job tasks to be performed, working conditions, job sites, occupational hazards, conditions of safety in production, labor remuneration and other details that laborers shall be informed of.
The employing unit shall notify laborers in time of whether or not they are employed, at the request of laborers.
Article 13 The employing unit shall keep in secrecy the personal data of laborers. Any publicity of personal data of laborers and any use of laborers' techniques and intellectual achievements shall be used under written consent of laborers.
Article 14 The employing unit shall not commit any of the following practices when recruiting laborers:
1. Publishing false employment information, and release false employment advertisement;
2. Detaining resident identity certificate card or other documents of the employed persons;
3. Collecting property from the hired person under name of guaranty or anything else;
4. Enrolling minors under 16 years old and other persons who shall be not employed as stipulated in the country's laws and administrative laws;
5. Enrolling persons without legitimate certificates;
6. Seeking unlawful profits or conducing other illegal activities in the name of recruiting.
Article 15 The employing unit shall not enroll laborers by unfair means such as slandering other employing units' reputation or committing commercial bribery.
Article 16 When enrolling laborers, the employing unit shall not either refuse to recruit women or set down higher qualification standards on female applicants than those on male applicants for any reason in respect of gender, except for recruiting candidates for any types of work or job posts where it is inappropriate to recruit women.
When enrolling female laborers and staff members, employing unit shall not stipulate any restrictions on their marriage or childbirth in the labor contracts to be signed with them.
Article 17 The employing unit shall grant preferential treatments to laborers of national minorities to an appropriate extent, according to laws.
Article 18 When employing personnel, the employing unit shall not discriminate disabled people.
Article 19 The employing unit recruiting personnel shall not refuse to employ any candidate on the ground that the candidate is a carrier of some infectious pathogen. However, any person who is found to be a carrier of infectious pathogen as verified by medical expertise shall not take up any work where it is easy to cause any infectious disease to inflict more people as stipulated under laws, administrative laws and by the competent public health organ of the State Council, before being cured or excluded from the list of suspects.
In recruiting personnel, the employing unit may prohibit carriers of hepatitis B pathogen from taking up certain types of work as stipulated under the country's laws, administrative decrees and regulations of the health authority of the State Council, and shall not take the hepatitis B virus serological indicator as one of the criteria of physical checkup.
Article 20 The general rules or advertisement of employment made public by the employing unit shall not contain any discriminatory information.
Article 21 When recruiting laborers to be engaged in any special type of work with regard to public safety, human health, human life and safety of properties, etc., the employing unit must recruit those candidates who have held certificates of corresponding qualification. Any employing unit that has recruited any laborers who have not held such certificates of qualification for some certain type of work yet shall organize such laborers to receive specific-purpose trainings before commencing their work, so as to ensure them to obtain certificates of occupational qualification before commencing their work.
Article 22 After hiring employees from Taiwan, Hong Kong and Macao, the employing unit shall file such employees with the local labor security administration according to relevant regulations, and also apply for Taiwan, Hong Kong, and Macau Expatriates Employment Certificate on behalf of them.
Article 23 When recruiting foreigners, the employing unit shall, prior to these foreigners' arrival in China, apply for employment permits for them from the local labor security authority in accordance with relevant regulations, and shall not recruit foreigners until having been approved to do so and also obtained the Permits for Employment of Foreigners in the People's Republic of China.
Those job posts to which foreigners can be recruited by the employing unit must be those where special skills and requirements have to be delivered or met, and there do not exist competent candidates of Chinese nationality for the time being; employment of foreigners to such job posts shall not violate the relevant stipulations of the country.
Chapter IV Public Employment Service
Article 24 Labor security administrative departments above the county level manage the work of public employment service in their own administrative areas, establish and improve the public employment service systems that cover urban and rural areas in accordance with the development plan formulated by the government.
Public employment service organs, according to the employment objectives and tasks determined by the government, develop employment service plan, promote the implementation of employment support policies by means of organizing employment services for laborers and employers and providing survey analysis of the human resources market, and manage the promotion of relevant employment issues commissioned by labor security administrative departments.
Article 25 Public employment service organs should provide the following services to laborers free of charge:
1. The consultation of employment policies and regulations;
2. The issuance of information of job supply and demand, salary instruction in labor market, and career training;
3. Career instructions and recommendations;
4. The implementation of employment assistance for those in employment difficulties;
5. The transaction of employment and unemployment registration and etc;
6. Other public employment services.
Article 26 Public employment services organs should actively expand service functions, and provide the following services in accordance with the need of employing units:
1. The instructions of employing persons;
2. The Acting employment services;
3. The trans-regional employment services;
4. Management Consulting of enterprise Human Resources and other professional services;
5. Acting as agent for labor security business;
6. Other employment service items meeting the development needs of the employing units.
Public employment service organs cannot engage in labor security business unless they are authorized by the labor security administrative departments above county level.
Article 27 Public employment service organs should strengthen career instruction services by preparing the full-time part- time. career staff to provide career instruction services for the laborer and the employing units.
Career instruction staff should start work unless they obtain the corresponding national career qualification certificates after professional qualifications and passing the evaluations.
Public employment service organs should provide corresponding facilities and conditions for career instruction services to promote expansion and strengthen its publicity.
Article 28 Career instruction services should include the following:
1. Providing information on the relevant state laws and regulations, and policies of labor security, and human resources market for the laborer and the employing units;
2. Helping laborers understand occupational status, master the methods of job hunting, determine career direction, and enhance the abilities to choose a career;
3. Offering training suggestions to laborers and providing career training and other relevant information;
4. Developing tests for laborers on their individual career quality and characteristics and giving an evaluation of their career ability;
5. Providing specialized career instruction services for women, the disabled, ethnic minority personnel, retired officers and soldiers, and other employment groups;
6. Providing consulting career instruction services for students of secondary schools, career institutions and technical schools;
7. Providing advisory services for laborers who are willing to engage in the individual independent labor and private enterprises;
8. Providing personnel employment guidance for employing units to choose employment methods and determine employment conditions, criteria, etc;
9. Provide advisory information for career training institutions to establish training direction and professional setup and etc;
Article 29 Public employment service organs shall organize and implement the investigation of human resources and the situation of employment and unemployment statistics under the guidance of labor security administrative departments.
Article 30 Public employment service organs shall organize and implement special plans aiming at different needs of particular employment groups.
Article 31 Public employment service organs above county level establish comprehensive service location to provide a concentrated single-stop employment services for laborers and employing units, and take on other affairs organized by labor and social security administrative departments.
Employment service organs in the neighborhood, town, and communities shall establish ways of grassroots service to develop employment assistance that focus on public employment services and implement investigations on human resources, and to take on other employment service affairs organized by labor security administrative departments.
Public employment service organs are to use a national uniform identification.
Article 32 Public employment service organs should constantly improve the quality and efficiency of their services.
Public employment service organs should strengthen internal management, improve service functions, unify the service procedure, and provide good and efficient employment services for laborers and employing units according to the norms and standards formulated by the state.
Public employment service organs should enhance staff training on policies, business and service skills, and organize career instructing personnel, career information analysts, political assistants of labor and social security, and other professionals to participate the corresponding career qualification training.
Public employment service organs should make public the service system and voluntarily accept public supervision.
Article 33 Labor security administrative departments and the public employment service organizations above the county level should establish and improve the human resources market information networks and related facilities in accordance with the unified planning of the information construction of labor security.
Public employment services organs should gradually implement information management and services, realize employment services, unemployment insurance, information sharing on job training, and information system management of public employment services within the city, and gradually realize interoperability and information sharing on information of salary and social insurance.
Article 34 Public employment services organs should set up and improve the human resources market informational service system through improving the issuance information system of career supply-demand, salary instruction in labor market, and market analysis of human resources, to provide support for laborers on choosing a job, for employing units to recruit staff as well as for the development of training institutions.
Article 35 Labor a security administrative departments above county level shall realize gradually the human resources market information networking in accordance with the unified demand of information construction: the city should, in accordance with data center building requirements of the labor security, realize centralization and sharing of network and data resources; provinces, autonomous regions should establish a provincial Monitoring Center of human resources market information network to monitor market information in the area; labor security department should establish a National Monitoring Center of the human resources market information network to monitor and analyze the nation's human resources market information.
Article 36 Labor security administrative departments above county level should strengthen the management of public employment service organizations and make performance appraisals for completion of various tasks at regular intervals.
Article 37 The operating funds for public employment services shall be included in the fiscal budget at the same level. The labor and social security administrative departments at all levels and the public employment service organs should work out an annual budget of public employment services under the law in accordance with the provisions of financial budget and implement it after it has been authorized by the Financial Department at the same level.
In accordance with employment special funds management and related regulations, public employment service organs can apply for special support funds for pubic employment services according to the law.
Public employment services to accept donations and funding provided by all circles, manage and use them in accordance with relevant state laws and regulations.
As for the services provided to the employing units, public employment service organs should standardize their management and strictly control service charges. Where charges are unavoidable, the provincial labor security departments in conjunction with relevant departments are to regulate the specific items.
Article 38 Public employment service organs shall not engage in operational business.
Public employment service organs are not to collect service charges from laborers during employment fairs.
Article 39 Employment service organs for the disabled that belong to the Association for the Handicapped are components of public employment service organizations, responsible for providing relevant employment services for the disabled laborers and, after being commissioned by the labor security administrative departments, undertake employment and unemployment registrations for the disabled.
Chapter V Employment Aids
Article 40 Public employment service organs should develop special employment aid programs, implement prioritized support and emphasis help to employment aid objects.
Employment aid objects in this Regulation include individuals with difficulties in getting employed and zero-employment families. Individuals here refer to those who face difficulties in getting employed because of their physical condition, level of skills, family factors, the loss of land and etc, and those who have been unemployed for a prolonged period of time. Zero-employment families here refer to city dwellers with members who are of statutory working age and are still not employed.
The employment aid objects are determined by provincial labor security administrative departments in accordance with the scope of the aid objects regulated by local people's government.
Article 41 Individuals with difficulties in getting employed and zero-employment families can apply for employment aid to public employment service organs located in the neighborhoods and communities and can be placed into the scope of employment aid after being confirmed by the organizations.
Article 42 Public employment service organs should establish a system to help individuals with employment difficulties by implementing various employment support policies, providing job information, and organizing skills training and so forth, aiming at employment services and employment aid for public welfare, and implement prioritize supports and the emphasis help.
Individuals with employment difficulties allocated to the public service should be given job subsidies in accordance with state regulations.
Article 43 Public employment service organs should establish an employment aid system to help zero-employment families through broadening the scope of public service jobs, developing various kinds of jobs and other measures, to timely provide appropriate jobs for unemployed individuals in the family, ensuring at least one member of the family to obtain employment.
Article 44 Public employment service organs in neighborhoods and communities should register employment aid objects in the area, create a special accounting journal, and implement dynamic management for employment aid objects and aid accountability to provide timely and effective employment aid.
Chapter VI Career Intermediary Services
Article 45 Labor security administrative departments above the county level should strengthen the management of career intermediary organizations and encourage them to improve service quality to facilitate employment.
Employment intermediary organs mentioned in the provisions, refer to operational organizations held by legal entities, other organizations and individual citizens to provide intermediary services, and other related services for employing units hiring laborers and for laborers seeking employment.
Government departments are not allowed to hold operational employment intermediary organs independently or with others.
Article 46 Career intermediary activities should abide by the law, be of good faith, be fair and open in principle.
Any organization or individual shall not use career intermediary activities against the laborer and the employer's legitimate rights and interests.
Article 47 Career intermediary implements the administrative permission system. The establishment of occupational intermediary or other organs to develop career intermediary activities is subject to the approval of the labor security administrative departments, and obtaining career intermediary license.
Career intermediary organizations which are approved the career intermediary license should register to industrial and commercial administrative department.
Any organs without the license and registration cannot engage in career intermediary activities.
Career intermediary license is printed uniformly by the Ministry of Labor and Social Security and distributed for free.
Article 48 To establish employment intermediary organs, the following qualifications should be reached:
1. Clear charter and management systems;
2. A fixed location, office facilities, and a certain amount of operating capital for activities;
3. Certain number of certified full-time staff;
4. Other conditions as required by law and other regulations.
Article 49 To establish employment intermediary organs, the following documents should be submitted to the local labor security administrative departments above the county level:
1. The establishment application;
2. The draft of institution charter and management systems;
3. The certification of the right to use the venue;
4. The Capital Verification Report of the registered capital;
5. Details of the basic information and identity of the director;
6. Appropriate professional qualifications of the full-time staff;
7. Other documents as required by law and other regulations.
Article 50 The labor security department should complete the applications from the professional intermediaries within 20 days since the admissible date, thereafter, approve those that meet the requirements and give the reasons for those that are disapproved.
The labor security administrative departments should appraise annually the professional intermediaries.
The specific establishment conditions, the approval and the annual appraisal procedures onto professional intermediaries are regulated by the provincial labor security administrative departments.
Article 51 The career intermediary organizations that changes names, location, and legal representative or terminate, and so forth, should amend or cancel the registration formalities according to the approving establishment procedures.
As for the branch office, it should be approved by labor security administrative departments above the county level after obtaining written consent from the original approving body.
Article 52 Employment intermediary organs can engage in the following services:
1. To introduce employing units to the laborers;
2. To recommend laborers to the employing units and households;
3. To conduct career guidance, human resources management consulting services;
4. To collect and disseminate occupational supply and demand information;
5. To offer the Internet professional information services in accordance with relevant state regulations;
6. To organize career employment fairs;
7. To conduct other services approved by the labor security administrative departments.
Article 53 Professional intermediaries should openly display operating licenses, occupational licenses, intermediary service list, standard fees, the name of oversight bodies and telephone number of supervision, and accept supervision and inspection from the labor security administrative departments and other relevant departments.
Article 54 Employment intermediary organs should establish an accounting journal to record service objects, service processes, the results and service charges, and accept the supervision and inspection from the labor security administrative departments.
Article 55 Where employment intermediary organs are unsuccessful in providing career intermediary services, service charges collected from intermediary services should be refunded to the laborers.
Article 56 When large-scale career employment fairs are held, professional intermediaries should formulate corresponding measures for organizing and security program of work, and report to the organizations approving the establishment.
Employment intermediary organs should check the authenticity of the eligibility of employing units and their employment charters.
Article 57 Providing public employment services for specific service objects, employment intermediary organs can accordingly subsidies. However, the scope of public service employment services, the service objects, service effectiveness and subsidies, within which the subsidies are attached, are regulated by the provincial labor security department, in conjunction with related departments.
Article 58 Employment intermediary organs are prohibited from the following actions:
1. Providing false employment information;
2. Releasing any information indicating employment discrimination;
3. Forgery, alteration, transfer of professional intermediary permit;
4. Providing career intermediary services for the employing units without a legal license;
5. Providing employment to adolescence under the age of 16 years old;
6. Providing career intermediary services for laborers without legal identity documents;
7. Providing vocations prohibited in law and regulations;
8. Detain the laborer's identity card and other documents, or collecting deposits;
9. The use of violence, coercion, fraud and other professional manner in intermediation;
10. Exceeding the approved scope of service operations;
11. Other violations of law or regulations.
Article 59 Labor and social security administration departments above the county level should supervise and direct in accordance with the law on the approved occupational intermediary organs, periodically appraise the credibility of the services and service quality, and release appraisal results to the public.
Labor and security administration departments above the county level should direct professional intermediaries in staff training to improve the service quality.
Labor and security administration departments above the county level, after approval from the government at the same level, should give recognition and award to occupational intermediary institutions and individuals with outstanding performance for integrity services, quality services and public welfare services.
Article 60 Foreign-funded career intermediary organs, as well as employment intermediary organs engaged in outside employment intermediary services should operate in accordance with relevant regulations.
Chapter VII Management of Employment and Unemployment
Article 61 Labor security administrative departments should establish and improve employment registration system and unemployment registration system and improve the management of employment and unemployment.
Public employment service organs are responsible for the registration of employment and unemployment, the establishment of specialized accounting to record changes in employment and unemployment among laborers accurately in time, and make corresponding statistical work.
Employment registration and registration of the unemployed in the provinces, autonomous regions and municipalities within should adopt employment and unemployment registration certificates hereinafter referred to as registration certificates in a unified manner, which are distributed free to laborers, clearly stating the corresponding annotated support policy.
Employment registration and registration of the unemployment procedures and the specific registration forms are formulated by the provincial labor and social security administration department.
Article 62 The employing units should process the employment registration for laborers who are employed by them. The employing units, who determine the termination or dissolution of labor relations, should go to the local public employment service organizations, filing for laborers and applying employment register for laborers. Employing units should complete the registration procedures within 30 days to hiring; Employing units should complete the registration procedures within 15 days to terminating the labor relations;
Laborers who are engaged in individual businesses or flexible employment should complete their employment registration in the neighborhoods, township public employment service organs themselves.
Employment registration are to contain information such as personal information, employment types, date of employment, employing units and the situation of establishment, termination or dissolution of the labor contract. Specific content and materials required for employment registration are regulated by the provincial labor security administrative department.
Public employment services organs should set up ways of special services for the employment units to apply for employment and associated registration procedures and simplify the procedures to facilitate employment units.
Article 63 Unemployed urban permanent resident staff of the statutory working age and the ability to work can go to the public employment service organs for unemployment registration if they are looking for employment. Among them, urban household registration staff with no job experience register at where his residence is registered; rural migrant laborers and non-permanent resident can register at their current place of residence providing they had at least six months of prior stable work at their current place of residence before becoming unemployed.
Article 64 Laborers should present personal identity paper or relevant proof of personal identity when registering for unemployment; laborers with the work experience should provide proof of termination from the prior unit, proof of termination of labor relations or proof of dismissal.
Registered unemployed persons who have a registration certificate can have the benefit of public employment services and employment support policies, and those who meet the conditions can apply for unemployment insurance in accordance to the regulations.
Registered unemployed persons should regularly report to the public employment service organs their employment status, actively seek jobs, and participate in job training offered by the public employment service organs.
Article 65 The criteria of unemployment are as follows:
1. At least 16 years old, having graduated or completed schooling from institutions;
2. Dismissed from enterprises, organizations, institutions, and other various employing units;
3. Individual industrial and commercial owners or owners of private enterprises suffering from closure and bankruptcy;
4. Contractor land being taken in line with provisions of local conditions;
5. Soldiers released from active duty and not yet integrated into national reunification resettlement;
6. Ex-convict and parolee, or those who have been exempted from re-education through labor;
7. Unemployed persons identified by individual regions.
Article 66 Registered unemployed persons will be written off the registration of the unemployed by the public employment service organs in any one of the following cases:
1. Employed by employing units;
2. Engage in individual businesses or self-employed in enterprises with an industrial and commercial business license;
3. Engage in work with a steady income, and the monthly income is not less than the local minimum wage standards;
4. Access to basic old-age insurance benefits;
5. Complete loss of working ability;
6. Admitted into schools, military service, or resettled abroad;
7. Sentenced to jail or re-education through labor;
8. Terminate employment requirements or refuse to accept public employment services;
9. No contact with public employment service organizations for six months in succession;
10. Registered for employment, or other conditions prescribed by local regulations.
Chapter VIII Sanction
Article 67 Employing units violating Clause 2 and 3 of Article 14 of the provisions of the Labor Contract Law will be penalized in accordance to the provisions of Article 84; employing units violating the regulations of Clause 4 of Article 14 will be penalized according to state ban on the use of child labor and other relevant laws and regulations. For the employing units breaching regulations of Clause 1, 5 and 6 of Article 14, a fine within 1,000 Yuan will be imposed and the labor security administrative departments would order a reformation, and the concerned parties bear the liability of damage caused.
Article 68 If employing units violate the provisions of Clause 2 of Article 19 in hiring laborers that the state laws and administrative regulations and the State Council's health administrative departments prohibit, i.e.; carriers of hepatitis B pathogen, the labor security administrative departments would order a reformation, and impose a fine within 1,000 Yuan; the parties should bear the liability of damage caused. The health administrative departments under State Council will take serum hepatitis B virus Indexes as a standard medical examination.
Article 69 If public employment service organs violate the provisions of Article 38 by collecting service charges from the laborers, the labor security administration departments would order reformation within a specified period; the organs shall return the illegal service charges to the laborers, and reprimand the responsible supervisory personnel, and others directly.
Article 70 Where the employment units violates Article 47 of this Regulation by engaging in activities of the employment services without authority and registration , the labor security administrative departments or other competent authorities would take penalties in accordance to Article 64 of the Employment Promotion Law.
Article71 Where employment intermediary organs violate Article 53 of this Regulation by not openly display intermediary licenses or monitoring telephone numbers, the labor security administrative departments shall order them to correct, and impose a fine not more than 1,000 Yuan; as to those not openly display service charges, they shall be reported to departments in charge of the relevant provisions for penalties; as to those do not openly display service licenses, they shall be reported to the industrial and commercial administration departments for sanction according to relevant state regulations.
Article72 Where the employment intermediary organs violate Article 54 of this Regulation by not establishing an accounting journal, or an accounting journal without records of clients, service process, service charges and the results, the labor security administrative departments shall order them to correct and impose a fine not more than 1,000 Yuan.
Article 73 Where employment intermediary organs violate Article 55 of this Regulation by failing to refund the service fee charged to the laborers after unsuccessful intermediary services, the labor security administrative departments would order them to correct and impose a fine not more than 1,000 Yuan.
Article 74 Where the employment intermediary organs violate Clause 1, 3, 4, 8 of Article 58 of this Regulation, it shall be imposed a fine in accordance to Article 65, Article 66 of the regulations of the Employment Promotion Law of PRC. Intermediaries violating the provisions Clause 5 of Article 58 of the regulations will be penalized in accordance to national regulations concerning prohibition of the employment of child labor. Intermediaries violating the provisions of Article 58 and other provisions, the labor and social security administration department would order reformation and if there is no illegal income, impose fines not more than 10,000 Yuan; if there is illegal income, impose fines that are not more than three times the illegal income, maximum amount not more than 30,000 Yuan. If the offense is serious, the authorities may require the industry and commerce departments to revoke the employer's business license; The employment unit shall compensate the suffered for any consequent loss.
Article 75 Where the employing units violate Article 62 of this Regulation by not registering laborers' employment in time, the labor security administrative departments shall order them to correct and impose a fine not more than 1,000 Yuan.
Chapter IX Supplementary Provisions
Article 76 Labor security administrative departments in provinces, autonomous regions and municipalities may formulate implementing rules pursuant to this Regulation.
Article 77 These provisions shall become effective as from January 1, 2008. The Measures of Career Guidance promulgated by the Ministry of Labor on October 27, 1994, the Regulation of Labor Market Management promulgated by the Ministry of Labor and Social Security on December 8, 2000 shall be abrogated simultaneously.