上海市人才流动条例（修正） Shanghai Municipality, Movement of Professionals Regulations (Revised)

（Adopted at the 32nd Session of the 10th People's Congress Standing Committee of the Shanghai Municipality on 19 December 1996； revised according to the > Decision>， adopted at the 5th Session of the 12th People's Congress Standing Committee of the Shanghai Municipality on 26 June 2003.）

颁布日期：20030626 　实施日期：20030626 　颁布单位：上海市人大常委会

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Regulations are formulated in order to strengthen control on the movement of professionals within this municipality， standardize procedures regarding the movement of professionals， guarantee the lawful rights and interests of work units and individuals， safeguard social and public interests， and promote economic construction and social development， in accordance with the provisions of relevant State laws and regulations and in the light of the actual circumstances of the municipality.

　　Article 2　For the purposes of these Regulations， the term “movement of professionals” refers to any person who has specialist technical or managerial skills and by a mutual decision with the work unit concerned chooses to and changes his individual professional position or work unit.

　　Article 3　These Regulations shall apply to the movement of professionals within this municipality and any related acts and activities.

　　Where the provisions of laws and regulations have other stipulations， such provisions shall prevail.

　　Article 4　The movement of professionals shall be in line with the principles of promoting a reasonable allocation of human resources， respecting the right of professionals to choose their profession and the right of work units to recruit their staff.

　　Professionals shall be encouraged to join key State-emphasized industries and departments， key State construction projects and key scientific research projects.

　　Article 5　The Shanghai Municipality Personnel Bureau （hereafter， “municipal personnel bureau”） shall be the administrative department in charge of work related to the movement of professionals within the municipality. Its key duties and responsibilities are as follows：

　　1. the management and directing of work related to the movement of professionals within this municipality；

　　2. responsibility for the administration of the examination， approval and supervision of the establishment of any professional exchange service organizations；

　　3. the directing of qualified personnel to join key industries emphasized by the State and the municipality， key governmental and State construction projects and key scientific research projects；

　　4. the handling of any disputes that arise in relation to the movement of professionals； and

　　5. responsibility for the implementation of these Regulations.

　　Under the direction of the municipal personnel bureau， the regional and county personnel bureaus shall be responsible for work related to the movement of professionals within their areas of jurisdiction.

　　PART TWO　SCOPE OF ACTIVITIES OF WORK UNITS AND INDIVIDUALS INVOLVED IN THE MOVEMENT OF PROFESSIONALS

　　Article 6　All work units and individuals involved in the movement of professionals shall comply with the provisions of laws and regulations. They shall not infringe the lawful rights and interests of any party， and shall voluntarily perform obligations as agreed in the appointment contract （hereafter， “contract”）。

　　Article 7　The movement of professionals shall not be restricted on grounds of the nature of the work unit， or of the identity， profession or sex of an individual， unless the provisions of laws and regulations stipulate otherwise.

　　Article 8　The movement of professionals may occur in the following ways：

　　1. commissioning a recommendation of professionals from a professional exchange service organization；

　　2. arrangements made at profession

al exchange conferences；

　　3. job-seeking and recruitment advertisements published or broadcast via different news media； and

　　4. other channels that facilitate the promotion of movement of professionals.

　　Article 9　Published or broadcast contents of job-seeking and recruitment advertisements shall be accurate and shall not violate the provisions of laws and regulations.

　　Article 10　In the course of personnel selection undertaken by a work unit and an individual， each party shall， on the basis of facts， briefly inform the other of their basic conditions and requirements， and provide the necessary supporting documents and other relevant materials.

　　Article 11　Work units shall not employ improper means to recruit its staff， and shall not on any pretext collect fees from any applicants.

　　Article 12　Where a work unit and an individual have come to an agreement on appointment， a contract shall be executed on the basis of equality， voluntary participation and agreement by consultation. Such matters as period of appointment， training， housing， as well as confidentiality of technology and trade secrets may also be written into the contract.

　　Article 13　Where an individual wishes to terminate a contract in advance or resign on the ground of a new job offer， he shall notify the work unit within the time limit as prescribed by the provisions of laws and regulations.

　　Article 14　Where an individual wishes to terminate a contract in advance or resign on the ground of a new job offer， and the contract he signed with the work unit contains agreements on such matters as period of appointment， training fees and housing allowance， etc.， these matters shall be handled in accordance with the agreed terms of the contract.

　　Where there are no agreements in the contract， but it is proven that the work unit has indeed paid for training or provided housing to an individual， the work unit may request compensation. Specific methods of compensation shall be stipulated by the municipal personnel bureau.

　　Article 15　Upon receipt of a written notice on advanced termination of contract or resignation， and no dispute arises in relation to the contract， or the obligations as agreed in the contract have already been performed， the work unit shall process the termination or resignation within the stipulated time limit.

　　Article 16　No individual shall engage in the following acts in the course of movement of professionals：

　　1. leaking of State secrets；

　　2. infringement of the work unit's intellectual property rights；

　　3. divulging of trade secrets of the work unit； or

　　4. perpetration of others acts that are in violation of the relevant laws and regulations.

　　Article 17　Without the consent of the work unit， key technical and managerial personnel working for key State and municipal projects and key scientific research projects shall not seek appointment elsewhere before the projects are completed.

　　Where personnel knowing State secrets wish to change their jobs， permission shall be sought in advance from the department in charge of classified information. The case shall then be dealt with in accordance with relevant provisions.

　　Personnel who are lawfully placed under investigation by judicial or administrative organizations， and the case is yet to be closed， such personnel shall not change their jobs without the consent of the investigating organizations.

　　Article 18　Where an individual goes to work for a work unit situated in another province or municipality， and is required to complete certain formalities， the work unit concerned shall complete such formalities for the individual in line with their power of authority in respect of personnel management.

　　Where professionals are in severe shortage and high demand and a work unit wishes to seek such personnel from other provinces and muni

cipalities， an application shall be submitted to the regional or county personnel bureau. Upon approval， the work unit may complete the relevant formalities.

　　Article 19　Where a work unit wishes to recruit any personnel studying abroad or foreign experts from overseas， the work unit shall complete formalities in accordance with relevant State and municipal provisions.

　　PART THREE　PROFESSIONAL EXCHANGE SERVICE ORGANIZATIONS

　　Article 20　Professional exchange service organizations are agencies that provide a channel for mutual selection in respect of a new job offer to work units and individuals. Their services shall be provided in accordance with the principles of openness， fairness and impartiality.

　　Article 21　Where a work unit wishes to establish a professional exchange service organization， it must comply with the following conditions：

　　1. it must have the necessary place of operation and facilities for the conducting of any activities related to professional exchange services；

　　2. it must employ specially trained and specialist professional staff；

　　3. it must have sound standardized working procedures and articles of association； and

　　4. it must have the capacity for independent civil liability.

　　Article 22　Work units under this municipality or work units under the central government or other provinces or municipalities operating within this municipality that need to establish a professional exchange service organization shall apply to the municipal personnel bureau. Work units under regional and county governments that need to establish a professional exchange service organization shall apply locally to their respective regional or county personnel bureaus. No individual may establish a professional exch

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/