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

ange service organization.

　　The municipal， regional and county personnel bureaus shall decide whether or not to grant approval within 30 days from the date of receipt of the relevant application. If after examination it is found that the applicant possesses the necessary qualifications， a “Shanghai Municipality Professional Exchange Services Permit” will be issued. Where some cases must also undertake industrial and commercial registration， formalities shall be completed at the department-in-charge of the administration for industry and commerce.

　　No work unit shall engage in professional exchange services activities without approval.

　　Article 23　The scope of service of professional exchange service organizations shall cover the following areas：

　　1. accepting commissions from work units and hire and recruit professionals required by and for such work units；

　　2. accepting individuals' commissions and recommending individuals to the relevant work units；

　　3. providing labour market information and an enquiry service to work units and individuals；

　　4. holding a variety of training courses relevant to job-seeking and recruitment； and

　　5. other approved service projects.

　　Professional exchange service organizations under the municipal personnel bureau， or regional and county personnel bureaus may， when commissioned by the municipal， regional or county personnel bureaus， handle such matters as keeping personnel files and records， and acting as a personnel agency， etc.， in accordance with relevant State regulations.

　　Article 24　Where a professional exchange service organization wishes to hold a large-scale municipal or profession-oriented professional exchange event， it shall report to the municipal personnel bureau for examination and approval 15 days before the date on which the event is to be held. Where no approval is given， no large-scale professional exchange events shall be held.

　　Article 25　Professional exchange service organizations shall carry out intermediary service-oriented activities on the basis of facts， and shall not provide false or dece

ptive information.

　　Article 26　The municipal bureau for commodity pricing shall， in conjunction with the municipal bureau of finance and the municipal personnel bureau， examine and determine which types of service offered by a professional exchange service organization should be charged， and the standard rate of each service.

　　PART FOUR　HANDLING OF PROFESSIONAL EXCHANGE DISPUTES

　　Article 27　Disputes that arise from professional exchange shall be handled in accordance with the principles of lawfulness， fairness and promptness. The lawful rights and interests of the parties concerned shall be safeguarded.

　　Article 28　Where a professional exchange dispute arises， the parties concerned shall settle the dispute through consultation in accordance with the provisions of laws and regulations and pursuant to the agreements made under the contract. The parties concerned may also apply for mediation to the personnel dispute mediation body of the next higher department-in-charge of the work unit concerned.

　　Article 29　Where consultation or mediation fails， the parties concerned may apply for adjudication by the regional or county personnel bureau where the work unit is located. Where the parties concerned are work units under the central government or other provinces or municipalities operating within this municipality， or the case involves a serious and complicated professional exchange dispute， an application for adjudication may be made directly to the municipal personnel bureau.

　　Article 30　The municipal， regional or county personnel bureaus shall， within seven days from the date of receipt of a written application for adjudication submitted by the parties concerned， decide whether or not the case shall be granted a hearing.

　　Where a hearing is granted， the municipal， regional or county personnel bureau concerned shall give a ruling within 60 days from the date of acceptance of the case.

　　Article 31　Where the parties concerned do not wish to comply with the ruling given by the municipal， regional or county personnel bureau， they may initiate a proceeding with a people's court in accordance with the law.

　　PART FIVE

　　LEGAL LIABILITY

　　Article 32　Where a work unit violates Article 11 hereof and uses improper means to recruit professionals， thereby causes losses to the work unit in which the person concerned originally worked， the recruiting work unit shall be liable for compensation.

　　Article 33　Where a work unit violates Article 15 hereof and does not process the termination of contract or resignation for an individual within the stipulated time limit， thereby causes losses to that individual， the work unit shall be liable for compensation.

　　Article 34　Where an individual violates Article 16 hereof and perpetrates any prohibited acts， thereby causes damage to a work unit， he shall be liable for compensation. Where State secrets are leaked， but the degree is not serious enough for the imposition of criminal punishment， an administrative penalty shall be imposed. Where the act constitutes a criminal offence， the criminal liability shall be pursued in accordance with the law.

　　Article 35　Where a professional exchange service organization violates Article 25 hereof and deliberately provides false or deceptive information， thereby causes losses to the parties concerned， the professional exchange service organization shall be liable for compensation.

　　Article 36　Where the following acts are perpetrated in violation of these Regulations， the municipal， district or county personnel bureau shall impose a penalty in accordance with the following provisions：

　　1. where a professional exchange service organization is established without approval in violation of Paragraph Three of Article 22 hereof， the organization shall be banned in accordance with the law， its illegal income confiscated and， in the light of

the severity of the circumstances， a fine of less than Rmb 5，000 may be imposed；

　　2. where a professional exchange service organization violates Article 24 hereof and holds a large-scale professional exchange event without undergoing examination and approval， it shall be ordered to suspend its holding of the event， any illegal income shall be confiscated and， in the light of the severity of the circumstances， a fine of less than Rmb 10，000 may be imposed； and

　　3. where a professional exchange service organization violates Article 25 hereof and does not carry out its intermediary activities on the basis of facts， and provides false or deceptive information， a warning shall be given or a fine of less than Rmb 5，000 shall be imposed and， where the circumstances are serious， its “Shanghai Municipality Professional Exchange Services Permit” shall be revoked.

　　Article 37　Where a work unit violates Article 11 hereof and collects fees from job-seeking personnel or where a professional exchange service organization violates Article 26 hereof and collects charges but not according to the list of chargeable items and the standard rates， the administration department of commodity prices shall impose a penalty in accordance with relevant provisions.

　　Article 38　Where the staff of the municipal， regional or county personnel bureau derelict in their duties， abuse their power， practise graft， thereby infringes the lawful rights and interests of any work units， individuals or professional exchange service organizations， the municipal， regional or county personnel bureau concerned shall impose an administrative penalty in the line with their powers of administration. Where the act constitutes a criminal offence， the criminal liability shall be pursued in accordance with the law.

　　Article 39　Where the parties concerned are not satisfied with any specific administrative acts imposed by an administrative administration department， the parties concerned may apply for an administrative review or initiate an administrative proceeding in accordance with the PRC， Administrative Review Law or the PRC， Administrative Litigation Law.

　　Where the parties concerned fail to apply for an administrative review， to initiate a proceeding or to comply with a specific administrative ruling within the time limit as stipulated by the law， the department that made the ruling may apply to the people's court for enforcement.

　　PART SIX　SUPPLEMENTARY PROVISIONS

　　Article 40　Such matters as pension， unemployment insurance and medical insurance， which may be affected in the course of job-seeking and professional exchange， shall be dealt with in accordance with the relevant laws of the State and this municipality.

　　Article 41　Resident representative offices of foreign enterprises and other foreign resident offices situated in this municipality that wish to recruit capable personnel， shall be handled in accordance with the relevant regulations of the State and this municipality.

　　Article 42　The municipal personnel bureau shall be responsible for interpretation of any issues related to specific application of these Regulations.

　　Article 43　These Regulations shall be implemented as of 1 April 1997

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