The Employment Promotion Law breaks the "hidden rules" of the six major employments

On January 1, the first basic law of the employment field in China, the Employment Promotion Law, was officially implemented. The labor security department issued an interpretation for this purpose and pointed out that with the implementation of this new law, many of the more prevalent "hidden rules" of employment in the past have been clearly defined as illegal and will be effectively curbed.

The person in charge of the Employment Department of the Shanghai Labor and Social Security Bureau said that the introduction and implementation of this law clearly clarified the "labor rights" of the workers, and a direct change brought about by the following six jobs was broken. "Unspoken rules":

First, when recruiting, picking up fat and picking thin, before the recruitment, "strongly check hepatitis B." In recent years, various forms of employment discrimination have shifted from age, gender, household registration to appearance, height, weight, disease, and even to blood type and zodiac. In the past, “fair employment” lacked operability due to lack of supporting rules. In the Employment Promotion Law, “the right of workers to equal employment and self-employment according to law” is included in the general rule. Article 62 stipulates that “in violation of the law and the implementation of employment discrimination, workers may file a lawsuit in the people’s court. ". As a supporting provision, the "Regulations on Employment Services and Employment Management" implemented on January 1 is also clear that the employer "strongly check hepatitis B" will be punished.

Second, the public employment center became a “toll station”. The Employment Promotion Law stipulates that: “The people's government at or above the county level shall establish a sound public employment service system and establish a public employment service agency to provide workers with statutory public employment services free of charge.” Free public employment services, including job search information and positions. Intermediary, employment guidance, etc., and "public employment service agencies are not allowed to engage in business activities", if the workers are charged, they must return the income and bear legal responsibility.

Third, the labor inspectorate attacked heavily, and the "black job" rolling shutters hurriedly pulled down. The "big cap" left, and the "old face" was still there. In addition to legal characterization of illegal employment, the Employment Promotion Law also provides for practical restrictions such as legal closure, confiscation of illegal income and fines of between 10,000 yuan and 50,000 yuan.

Fourth, the deduction of documents and the collection of deposits have occurred frequently. In the past, some professional intermediaries had to first detain the identity card of the job seeker before they were introduced to the job, and some paid a deposit to the job seeker. The Employment Promotion Law clearly identifies these two types of conduct as illegal and should bear the responsibility for illegal activities.

The fifth is to hire a "manager" to sell insurance. For a long time, false information that is difficult to distinguish between true and false has caused many problems for job seekers. For example, it is called “Sales Manager”, but the job is to sell insurance, or it is called “Top 500 Enterprises”. The result is just a “micro company”. In this regard, the Employment Promotion Law stipulates stricter punitive measures, including ordering corrections, confiscation of illegal gains, fines of not less than 10,000 yuan but not more than 50,000 yuan, and suspension of professional intermediary licenses if the circumstances are serious.

Sixth, the staff training fee has become the leader of the “going abroad fund”. In individual employers, it is not uncommon for employee education funds to be misappropriated as a leading study abroad fee and manager's MBA training fee. The Employment Promotion Law stipulates that enterprises should withdraw employee education funds in accordance with relevant state regulations, and provide vocational skills training and continuing education training for workers. If the employee education funds are not withdrawn or paid in full, or if the employee education funds are misappropriated, they will bear legal responsibility.

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