Regulations of Shanghai flow of talent
2013-06-22 12:55
Shanghai talent flow regulation Wikipedia card (December 19, 1996 in Shanghai Tenth People's Congress Standing Committee of the thirty-second session under the June 26, 2003 Shanghai Municipal People's Congress Standing Committee five meetings "on amending
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Chapter I Chapter II talent flow units and individuals conduct personnel exchange service agencies Chapter Chapter talent flow in dispute Chapter V Legal Liability Chapter VI Supplementary Provisions edit Chapter I General Provisions of this paragraph the city in order to strengthen the flow of talent management, regulate the flow of talent order to protect the legitimate interests of entities and individuals, safeguarding public interests, promote economic construction and social development, according to relevant laws and regulations , combined with the actual situation in the city, the enactment of this Ordinance. Article 2 The alleged flow of talent,Nike Total90, is a professional technical staff or management ability, through mutual choice with the unit to achieve personal career or workplace change. Article III of the Regulations apply to occur within the city and its associated flow of talent acts and activities. Laws, regulations otherwise provide, shall prevail. Article shall follow the flow of talent to promote the rational allocation of human resources, talent career autonomy, respect for the principle of employers' autonomy. Encourage people to focus on strengthening the country's industries, sectors and national key construction projects and key research projects flow. Article Shanghai Municipal Personnel Bureau (hereinafter referred to as the Municipal Personnel Bureau) is the city's flow of talent working in administrative departments. Its main duties are: (a) manage and direct the flow of talent working city; (two) responsible for the establishment of personnel exchange service agencies for approval and supervision; (three) to guide personnel to focus on strengthening the state and city's industries, sectors and key Current research projects and key construction projects; (four) flow of talent in handling disputes; (five) is responsible for the implementation of these regulations. District, County Personnel under the guidance of the Municipal Personnel Bureau is responsible for the administrative area of the flow of talent working. Edit this paragraph in Chapter talent flow units and individuals of conduct Article units and individuals in the flow of talent, we must comply with laws and regulations, shall not infringe the legitimate interests of all parties, and to conscientiously fulfill their employment contract (hereinafter referred to as contract) contract obligations. Article VII of the nature of the flow of talent from units, personal identity,nike mercurial 2013, professional and gender restrictions. But the laws and regulations except as otherwise provided. Article talent flow channels can be achieved through the following: (a) commissioned personnel exchange service agencies recommended; (two) through various talent exchange negotiations; (three) through a variety of media published, broadcast recruitment, job notices; ( four) Other conducive to promoting talent mobility channel. Article IX published, broadcast recruitment, job posting content should be accurate, and shall not violate laws and regulations. Article units and individuals in the mutual selection, you should truly introduced to each other their respective basic conditions and requirements, and provide the necessary supporting documents, or other related materials. Article XI units shall not use unfair means to recruit talent, may use any name to candidates charged. Article XII of units and individuals to determine employment relationship, it should be equal, consensus on the basis of a contract and can service period, training, housing, and preserve the secrets, business secrets and other aspects of contract related matters. Article 13 The termination of the contract in advance due to the flow of talent or resignation shall be in accordance with laws and regulations of the notice period units. Article 14 In the flow of talent in advance due to the resignation or termination of the contract, and the unit has signed a contract term of service, training costs and housing compensation agreement, the contract shall be in accordance with these matters. No contract, while the unit training or indeed for individual investors to provide housing units can claim compensation. The specific measures for compensation Municipal Personnel Bureau regulations. Article XV units receive a personal written notice to terminate the contract early or written request to resign, the absence of a contract dispute or already fulfill their contractual obligations, the prescribed period for separation procedures. Article XVI individuals may not have the talent flow in the following acts: (a) divulging State secrets; (two) units of intellectual property infringement; (three) infringement of the trade secrets; (four) the relevant laws and regulations prohibit the other acts . Article XVII responsible national and municipal key projects, key research projects of the main technical, personnel management responsibility in engineering, project units prior to completion without consent shall not flow. Involving state secrets movement of persons, a prior consent of the security department's consent, and in accordance with relevant regulations. Undergoing judicial or administrative authorities shall examine, yet concluded staff uncensored authority agrees not flow. Article 18 Where the work units to other provinces and cities, the formalities required by the relevant units in accordance with the personnel management authority for the formalities. Units need to introduce the city from other provinces shortage of much-needed talent to the city, district or county personnel bureau to apply for approval through the formalities. Article XIX unit recruitment of overseas students studying abroad or the introduction of foreign experts shall, in accordance with the relevant provisions of state and city to complete the formalities. Edit this paragraph Chapter Article XX personnel exchange service personnel exchange service agencies is in accordance with open, fair and impartial manner, as between units and individuals choose to provide intermediary services. Article 21 The establishment of personnel exchange service institution shall meet the following conditions: (a) there is talent exchange service activities necessary to carry out the premises, facilities; (two) have trained full-time staff; (three) have sound feasible work norms and regulations; (four) ability to independently bear civil liability. Twenty-two municipal units and in the city center, other provinces and cities need to set up their units talent exchange services, it shall make an application to the Municipal Personnel Bureau; district, county units need to establish personnel exchange service agencies, should to the local district, County Personnel apply. Individual may establish personnel exchange service agencies. City, district or county Personnel shall receive the application within thirty days from the date of approval to make a decision, after examination, the issue of a "talent exchange service license in Shanghai." Which must apply for business registration, it shall be to the administrative department for industry and commerce registration. Unauthorized personnel exchange service shall not engage in activities. Twenty-three talent exchange service agencies range of services are: (a) accept the unit entrusted its recruit or hire the necessary personnel; (two) accept personal entrusted to the unit recommended; (three) units and individuals with talent supply and demand information and advisory services; (four) organize various training related to the flow of talent; (five) other approved services. City, district or county Personnel belongs personnel exchange service agencies, but also according to the municipal or district, County Personnel of the commission, in accordance with relevant state regulations custody mobile staff personnel files, personnel agency and other matters. Twenty-four personnel exchange service institutions need to hold city-wide or industry-wide large-scale talent exchange service activities, it shall hold fifteen days from the date of approval of the Municipal Personnel Bureau. Unapproved not organize large-scale talent exchange activities. Twenty-five talent exchange service agency shall carry out factual intermediary services, may not provide false information. Twenty-six personnel exchange service agency fees and standards, the Municipal Price Bureau in conjunction with the Municipal Finance Bureau and the Municipal Personnel Bureau for approval. Edit this paragraph talent flow in Chapter IV Article 27 dispute settlement process flow of talent dispute should be in accordance with the legal, equitable, timely principle and safeguard the legitimate rights and interests. Article 28 The controversy occurs when the flow of talent, the parties shall in accordance with laws and regulations and the contract, negotiated settlement matters in dispute; also to the higher authorities of the unit personnel dispute mediation mechanism for mediation. Article 29 consultation or mediation fails, the parties may apply to the local district units, County Personnel apply for a ruling. Where the parties are in the city center, outside the provincial affiliation, as well as major, complex flow of talent dispute cases, you can apply directly to the City Personnel ruling. Article 30 The municipal, district or County Personnel shall receive the ruling party applications written application made within seven days from the date of the decision to accept or do not accept. Decision on admissibility, city, district or county Personnel shall accept the application within sixty days from the date of judgment. Article 31 The parties to the municipal or district, County Personnel's decision may appeal to the people's court proceedings. Edit this paragraph Chapter V Legal Liability Article 32 units in violation of the provisions of Article 11 provisions, the use of improper means to recruit talent, the original unit personnel losses, it shall be liable for compensation. Article 33 violates the provisions of Article 15 provides that the provisions are not in accordance with the deadline for individual separation procedures, damage caused to individuals shall be liable for damages. Article 34 individuals in violation of the provisions of Article 16 provides that in the flow of talent has prohibited acts, cause damage to the unit, it shall be liable for damages. Leaking state secrets, enough for criminal punishment can be given administrative sanctions; constitutes a crime, be held criminally responsible. Article 35 personnel exchange service agencies in violation of the provisions of Article 25 shall knowingly provide false information, causing damage to the parties, they shall be liable for compensation. Violation of Article 36 of this Ordinance the following acts, municipal, district or county Personnel shall be punished in accordance with the following provisions: (a) in violation of the provisions of Article 22 (3) provides that unauthorized personnel exchanges established services, shall be banned, confiscate the illegal income, and may be punishable according to the seriousness five thousand yuan shall be imposed. (Two) personnel exchange service agency violates the provisions of Article 24, without the approval of organizing large-scale talent exchange activities, and ordered to stop their activities,adidas f50 adizero, confiscate the illegal income, and may be based on the circumstances impose a fine of less. (Three) personnel exchange service agencies in violation of the provisions of Article 25 shall not factual intermediaries, providing false information, be a warning or impose a fine of five thousand; serious cases, revocation of his "talent exchange services in Shanghai permit. " Article 37 units in violation of the provisions of Article 11 provides that fees charged to candidates; talent exchange service agencies in violation of the provisions of Article 26 provisions not in accordance with prescribed fee charging items and standards, and by the price shall be punished in accordance with the relevant departments. Article 38 The municipal, district or county Personnel who neglects his duty, abuse of power, corruption, violation of units and individuals, personnel exchange service agencies legitimate rights and interests, the municipal, district or county Personnel management authority to give administrative sanction in accordance with ; constitutes a crime, be held criminally responsible. Article 39 The parties to the administrative department refuses to accept a specific administrative act, in accordance with the "PRC Administrative Reconsideration Law" or the "PRC Administrative Litigation Law," the provisions apply for administrative reconsideration or bring an administrative lawsuit. Parties within the statutory time limit does not apply for reconsideration is not filed suit nor complies with the specific administrative act of the department may apply to court for enforcement. Edit this paragraph Chapter VI Supplementary Provisions Article 40 The flow of talent in the staff pension insurance, unemployment insurance and medical insurance matters, in accordance with state and city regulations. Article 41 in the city's resident representative offices of foreign enterprises and other foreign resident agencies need to recruit personnel, in accordance with state and city regulations. Article 42 The specific application of this Ordinance, the Municipal Personnel Bureau is responsible for interpretation. Article 43 of the Ordinance since April 1, 1997 into effect.