(Translation for Reference Only)
(Adopted at the Fifth Meeting of the Standing Committee of the Third People's Congress of Shenzhen Municipality on February 23, 2001, and amended in accordance with the Decision on Revising 12 Regulations Including the Regulations of the Shenzhen Special Economic Zone on Certified Public Accountants adopted at the 28th Meeting of the Standing Committee of the Seventh People's Congress of Shenzhen Municipality on April 30, 2024)
Chapter I General Provisions
Article 1 In order to rationally develop and utilize the labor resources of the Shenzhen Special Economic Zone (hereinafter referred to as the “Zone”) and promote resident employment, the Regulations of the Shenzhen Special Economic Zone on the Promotion of the Employment of Residents(hereinafter referred to as “these Regulations”) are formulated in accordance with the basic principles of relevant laws and administrative regulations, and based on the actual conditions of the Zone.
Article 2 The term "resident" as used in these Regulations refers to a person who has reached the statutory working age, possesses the capacity for work, and holds a permanent household registration or a special temporary household registration in Shenzhen City.
The term "employer" as used in these Regulations refers to enterprises, institutions, government agencies, social organizations, and individual economic entities that recruit employees within the Zone.
The employment of the public servants and the persons administered by referring to the administration of public servants shall be carried out according to the related rules of the state.
Article 3 The Zone shall adhere to the principles of market-regulated employment, government-facilitated employment, and residents' autonomous job selection.
Article 4 The employment of residents shall be managed through systems including employment registration, job demand forecasting, employment preparation, preferential employment ratios for residents, and work-relief programs.
Article 5 The municipal and district people's governments (hereinafter referred to as the “municipal and district governments”) shall incorporate the resident employment plan into their economic and social development plans, formulate industrial policies to promote resident employment, and increase the number of available jobs.
Article 6 The human resources and social security departments of the municipal and district governments (hereinafter referred to as the “human resources and social security departments”) are the principal authorities responsible for promoting resident employment. The administrative departments of planning, statistics, personnel, education, civil affairs, etc., shall perform their respective duties in accordance with these Regulations.
Article 7 The municipal government shall establish a working committee of resident employment to discuss the major issues of the employment of residents. The working committee of resident employment shall consist of members from the related functional departments of the municipal government.
Chapter II Adjustment and Control of Employment
Article 8 The municipal human resources and social security departmentshall, jointly with the municipal departments of planning, statistics, etc., establish the system of job-demand forecast, and regularly publish the forecast of job demands. The municipal government shall make and adjust the policy of resident employment according to the forecast of job demands.
The forecast of job demands shall include the following items:
(1) the quantity, distribution, structure, quality and the trend of changes of laborers of the society (including residents and persons coming from other places);
(2) the distribution and the trends of development of posts for employment;
(3) the post vacancy of the employers and the demands for employees;
(4) the vocational education;
(5) the investigation and analysis of the state of employment; and
(6) the other information on the labor market.
Article 9 The municipal human resources and social security departmentshall establish the system of unemployment pre-warning, determine the pre-warning level of the unemployment rate of residents. If the unemployment rate of residents exceeds the pre-warning level, the municipal government shall promptly adjust the employment policy and industrial policy.
Article 10 When the investor of a project of production and operation applies to the administrative department of planning of the municipal government for setting up the project, the project analysis of the investment plan shall include the forecast report on the increase in new posts for employment after the completion of the project.
After the project has been approved to be set up, the administrative department of planning of the municipal government shall submit the forecast on the posts for employment to the municipal human resources and social security department.
Article 11 The municipal government shall formulate the policy of the proportional employment of residents in accordance with the economic and social development and the supply and demand of labor, determine and adjust the trades of the proportional employment of residents and the specific proportions.
Article 12 The employers shall recruit and hire residents according to the rules of the municipal government on the proportional employment.
Article 13 When an employer accepts student interns from other cities, their number shall not exceed 30% of the total number of the employees of the employer, the term of training for a group of interns shall not exceed 6 months.
Chapter III Employment Registration and Training
Article 14 The resident who is employed for the first time shall go for employment registration at the human resources and social security departmentof the locality where the resident has the registered residence.
When employing a resident, an employer shall go through the formalities for the employment at the human resources and social security department.
The resident who has not been employed after being unemployed for one month may go through the formalities of unemployment registration at the human resources and social security department of the locality where the resident has the registered residence.
Article 15 The human resources and social security departmentand the related government departments shall provide guidance for the residents who are employed for the first time and the residents who are unemployed.
Vocational schools, training institutions, and universities and colleges shall open the courses of employment guidance, provide the employment guidance education and service for the graduates and the students who have completed courses.
Article 16 The human resources and social security departmentsshall adopt a variety of forms to provide the employment preparation training for the graduates of regular junior and senior middle schools of the current year who cannot be admitted to the educational institutions of a higher level.
Article 17 The human resources and social security departmentsshall provide the re-employment training for unemployed residents, the unemployed residents shall participate in the training.
Article 18 Before an employee takes up a post, the employer shall provide the training in the professional knowledge related to the post, the laws and regulations on labor, and professional ethics.
The employees who are engaged in the technical type of work shall take up their posts only after obtaining the corresponding certificates of professional qualifications.
Chapter IV Security and Service of Employment
Article 19 The municipal and district governments shall formulate preferential policies and measures to encourage employers to hire unemployed residents, and support unemployed residents to find jobs through a variety of forms and channels.
Article 20 The human resources and social security departmentsshall set up the non-profit employment agencies and establish the job information network in order to provide services for residents, the expenses shall be entered into the budget of the governments at the same level.
Article 21 When hiring people as employees, an employer shall follow the principle of resident first, non-resident laborer second, if they all meet the employment requirements of a post.
If the government offices, institutions, and social organizations and their subordinate organs funded by the appropriation from the public finance need to hire people as employees, they shall hire the residents first through the human resources and social security departments; if there are not enough residents available for employment, the employers may hire by themselves.
Article 22 The human resources and social security departmentsshall give priority to recommending for employment those residents who are receiving the unemployment benefits.
Article 23 If there is a need to hire people for the management, maintenance of the municipal public facilities built by the government investment and for the activities organized by the government, the unemployed residents shall be employed first.
Article 24 The human resources and social security departmentsshall give priority to recommendation of the unemployed residents, who have difficulties finding a job, to participate in the labor for public welfare which is arranged by the government, the entity in charge of the arrangements for the labor shall provide pay for them and their unemployment benefits shall be stopped.
Article 25 The unemployed residents, without proper reason, may not refuse the post for employment and the labor for public welfare recommended by the human resources and social security departments.
Article 26 Employers shall not discriminate against job applicants on the basis of gender, age, or marital status when recruiting employees. Residents employed by different enterprises shall enjoy equal rights with respect to wages and salaries, vocational training, rest and leave, labor protection, and social security, as prescribed by laws and regulations.
Article 27 When commercial premises in residential communities developed with government investment or other public properties are offered for sale or lease, the relevant information shall be made publicly available. On equal terms, residents shall have the right of first refusal to purchase or lease such premises.
Article 28 The municipal and district governments shall encourage the development of community services, housekeeping, and other sectors and positions suitable for women with Shenzhen household registration to promote their employment.
Article 29 The municipal and district governments shall, in accordance with state regulations, give priority to the employment placement of demobilized and retired servicemen with Shenzhen household registration and family members of servicemen who meet the conditions for joining them in service upon their first entry into the workforce.
Employers shall make employment arrangements in accordance with state regulations for demobilized and retired servicemen and family members of servicemen who meet the conditions for joining them in service.
For demobilized and retired servicemen who request to participate in basic vocational skills training prior to their initial employment placement, the government shall provide such training free of charge.
Article 30 If a family member of a martyr holding non-agricultural household registration meets the employment criteria, the municipal and district governments shall arrange employment for one such family member.Employers shall give priority to hiring family members of martyrs and children of revolutionary disabled servicemen of special class or first class from this municipality.
Article 31 The municipal, district governments shall provide the employment guidance and service for the returned overseas Chinese and the relatives of the overseas Chinese. When hiring people as employees, the employers shall give priority to the employment of the returned overseas Chinese and the relatives of the overseas Chinese if the other conditions are equal.
Article 32 The municipal and district governments shall provide the vocational training for the handicapped persons who are capable of labor (hereinafter referred to as the “handicapped”), and improve their ability for employment.
The Zone shall put into practice the system of proportional employment of the handicapped, the municipal government shall formulate the other rules on the specific proportion and the implementation methods based on the quantity of the employed population of this city and also of the handicapped still capable of labor.
Article 33 When laying off employees for economic reasons, an employer shall give priority to the employment security of the residents.
Chapter V Legal Liability
Article 34 If an employer violates Article 12 ofthese Regulations, the human resources and social security departmentshall order it to correct by a deadline, to lay off the non-resident laborers who exceed the proportion; if the refusal of checking and laying off is given, a fine of RMB 500 per person shall be imposed on the employer every month based on the number of the non-resident laborers whose employment exceeds the proportion; if the employment is shorter than one month, it shall be calculated as one month.
Article 35 If an employer violates Article 13 of these Regulations, the human resources and social security departmentshall order it to check and lay off by a deadline; if the refusal of checking and laying off is given, a fine of RMB 500 per person shall be imposed on the employer every month based on the number of the student interns whose acceptance exceeds the proportion or whose training goes beyond the term; if the training is shorter than one month, it shall be calculated as one month.
Article 36 If an unemployed resident violates Article 17 ofthese Regulations by having refused to participate in the re-employment training twice without proper reasons, this person’s unemployment benefits shall be stopped.
Article 37 If the government offices, institutions, and social organizations funded by the appropriation from the public finance violate the second section of Article 21, the human resources and social security departmentshall order them to correct; if the refusal to correct is given, the related responsible persons shall be criticized.
Article 38 If an unemployed resident violates Article 25 ofthese Regulations, this person’s unemployment benefits shall be stopped.
Article 39 If an employer violates Article 26 ofthese Regulations, the human resources and social security departmentshall order it to correct; if the refusal to correct is given, a fine of not less than RMB 5,000 but not more than RMB 20,000 shall be imposed.
Article 40 If an employer violates the second section of Article 29 of these Regulations, the human resources and social security departmentshall order it to correct by a deadline; if the refusal to correct is given, the human resources and social security departmentshall not assign the quota of employment and transfer of laborers in 3 years.
Article 41 If an employer violates Article 33 ofthese Regulations, the human resources and social security department shall order it to correct by a deadline; if the refusal to correct is given, a fine of RMB 3,000 per person shall be imposed on the employer based on the number of the resident-employees who have been laid off.
Article 42 If the personnel of the human resources and social security departmentor other related administrative departments abuse power, neglect duties, practice favoritism and irregularities in their work to promote the employment of residents, administrative sanctions shall be imposed on the chief officers in charge or the directly responsible persons according to law; if a crime is constituted, the judicial office shall investigate into the criminal responsibility according to law.
Article 43 If the party concerned has an objection to the penalty decision of thehuman resources and social security department,anadministrative review may beapplied foror an administrative lawsuit may be filed according to law.
If the party concerned fails to apply for review, tofile alawsuit, and to carry out the penalty decision, the human resources and social security departmentor the review office shall apply to the people’s court for coercive enforcement.
Chapter VI Supplementary Provisions
Article 44 These Regulations shall come into force on May 1, 2001.
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