Interim Provisions Governing Transprovincial andFloating Employment of Rural Labor Force

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Chapter I General Provisions

Article 1 In accordance with the relevant laws and regulations, these Provisions are worked out for the purpose of guiding rural labor force transregionally floating in good order, regulating the acts of employing units transprovincial recruiting rural labor force and transprovincial and floating employment of rural labor force, and protecting legitimate rights and interests of the 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 labor force" refers to the recruiting and using rural labor 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 seek employments outside 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 laborers within the territory of our country.

Article 4 The labor administrative departments at or above the county level shall be responsible for the overall administration, supervision and inspection on transprovincial and floating employment of rural labor 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 labor force under the leadership of the labor administrative departments.

Chapter II Recruitment

Article 5 An employing unit may transprovincially recruit rural labor force only if the local labor 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 labor 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 labor force shall posses working conditions and living conditions as provided by laws and regulations.

Article 7 An employing unit may take the following ways to transprovincially recruit rural labor force:
(1) to dispatch personnel to the recruiting areas;
(2) to entrust the job introduction agency under the labor department or other job introduction agencies with corresponding qualifications located at places where the residences of recruited labors are registered to make recruitment, and
(3) to entrust the job introduction agency under the local labor department or other job introduction agencies with corresponding qualifications to make recruitment.

Article 8 When an employing unit or its entrusted agent recruits rural labors 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 labor administrative department. The documents that ought to be submitted shall include as follows:
(1) a license to recruit labor force from other provinces signed by the job-service agency located at the place that the employing unit is located;
(2) general regulations for recruitment examined and approved by the job-service agency located at the place that the employing unit is located;
(3) legal documents testifying the capitals of the employing unit; and
(4) the proxy produced by the client.

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

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

Article 10 The employing unit shall conclude labor contracts with its laborers according to the law.

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

Chapter III Employment

Article 11 The rural laborers for transprovincial and floating employment must meet the following requirements:
(1) reach the statutory age of employment and have the ability to work;
(2) have the necessary vocational and technical ability;
(3) have the ability to assume civil responsibilities independently and their ability to assume responsibilities and obligations are not affected by the transprovincial employment; and
(4) other requirements provided by the labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government or the authorized local labor administrative departments.

Article 12 The rural laborers transprovincially recruited by an employing unit shall, before their departure, bring along their 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 non-natives' employment certificates issued by the local labor department. The certificates and cards are hereinafter simplified as floating employment certificates which are the valid certificates for floating employment.

Article 13 The rural laborers of transprovincial and floating employment may, with floating employment certificates, enjoy job services provided by the job-service agencies and other social services.

Article 14 The rural laborers who have received floating employment certificates may, with these certificates, deal with matters such as the extension of labor 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 laborers 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 and have obtained intermediary licenses for transprovincial and floating employment.

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

The intermediary services for transprovincial and floating employment of rural labor force must conduct their activities according to the law, follow the principles of equity and volunteerism and protect the legitimate rights and interests of laborers 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 according to the needs of employing units and laborers and in accordance with relevant provisions.

Article 17 The job-service agencies located at the places where labor force is emigrated (hereinafter simplified as "emigrated places") shall assist the job-service agencies located at the places where labor force is immigrated (hereinafter simplified as "immigrated places") in providing laborers 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 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 amounts for intermediary service charges, training fees, and subsequent service charges payable by those who have received these services to the job-service agencies and other various job-service organizations shall be standardized according to the provisions on service charges prescribed by local governments.

Chapter V Organization and Management

Article 20 The job-service agencies of provinces, autonomous regions and municipalities directly under the Central Government shall be in 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 organizing and implementing the management and services of transprovincial 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 organizations run by other departments of the governments shall be responsible for handling specific affairs of transprovincial and floating employment of rural labor force under the leadership of the higher labor administrative departments.

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 immigrated places shall provide guidelines and catalogues of trades and types of work for recruiting rural labor force from other provinces.

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

The non-natives' employment certificates with the title of "Non-natives' 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 immigrated 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 local job-service agencies authorized by the labor administrative departments at the province level in emigrated places shall be responsible for registering the local rural labor force recruited by other provinces, signing and issuing employment registration cards for the emigrants. The number of cards issued 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 the emigrants 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 emigrated places according to the unified forms provided by the Ministry of Labor under the guidance and supervision of the labor administrative departments.

Article 23 The labor administrative departments of provinces, autonomous regions and municipalities directly under the Central Government in immigrated places and emigrated places shall guide their job-service agencies in the development of inter-provincial cooperation and do well in market investigation, statistics, analysis, prediction, information exchanges, and management.

The job-service agencies in immigrated places may establish service bases in emigrated places so as to provide local employing units with directives for transprovincial recruitment of rural labor force.

In immigrated places, the job-service agencies in emigrated places may set up working agencies called as "Service Offices (or Centers)", which shall be in charge of coordinating the management and services of labor force of transprovincial and floating employment 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 immigrated places may collect "regulation fees for recruiting labor force from other provinces" from the employing units recruiting rural labor force from other provinces according to the requirements 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 out by the local people's governments prior to the formulation of new provisions.

Chapter VI Punishment

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

Article 26 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 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 or job-service agencies subordinate to labor administrative departments who are in violation of these Provisions such as liberally issuing certificates or cards, neglecting their duties, and engaging in malpractice for selfish ends shall be given administrative sanctions; the offenders shall be investigated for criminal responsibilities in accordance with the law if a crime is committed.

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, 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 Article 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 recording purposes.

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