MOLSS Issues New Rules On Chinese Labor Employment

China's Ministry of Labor and Social Security says that a new labor employment rule will be formally enacted on January 1, 2008 to further regulate labor related issues in China.

One of the highlights of the new rule, which is called Employment Service and Management Rule, is that it states that employers shall be fined RMB1000 for forcing employees to check their hepatitis B virus serum. This is the first time such a stipulation has been included in an official document.

The new rule says that employment agents must own a certain number of professional staff with the correct qualifications and they must display their business license (issued by MOLSS), charge standard fees, and provide both supervision telephone numbers and related licenses at their business sites. They must refund the service fee to workers if they do not succeed in introducing a job to them, or they will be fined up to RMB1000.

The new rule stipulates that a company's job ad must contain the company's basic information such as a brief introduction of the company, the number of job vacancies, responsibilities of each position, recruitment requirements as well as the salaries, insurance and other benefits offered. In particular, it says that companies must not use ambiguous phrases such as "monthly salary to be negotiated" in their job ads, and they must reply to applicants on whether or not to hire them, upon request.

In addition, it states that employers must not discriminate against women or increase the requirements for them, nor must they limit female workers in getting married or bearing children in the labor contract. The new rules say that farmers who come to seek a job in cities enjoy equal rights in employment with urban residents, so no discrimination policy shall be allowed for migrant workers.