Do not use recruitment to induce individuals to participate in loans! The first regulation on the management of human resources service institutions sets these "red lines" for services, personal information, and human resources
On June 30th, the Ministry of Human Resources and Social Security issued the "Regulations on the Management of Human Resource Service Institutions", which is China's first systematic regulation of human resource service institutions and related activities. It will be implemented from August 1st, 2023.
What regulations have been established for human resources service agencies to address issues of public concern such as false recruitment and personal information leakage? What service "red lines" have been established? How will we strengthen the supervision of institutions? The reporter interviewed the head of the Human Resources Mobility Management Department of the Ministry of Human Resources and Social Security.
Further strengthen management and safeguard the rights and interests of workers through legislation
The human resources market, including online recruitment such as Zhilian Recruitment, 51job, BOSS Direct Recruitment, and 58.com, has become the main channel for workers to seek employment and employers to recruit. As of the end of 2022, there were a total of 63000 human resource service institutions and 1.042 million employees in China. In that year, the entire industry provided various employment services to 310 million workers and provided professional support to 52.68 million secondary employers.
Why is this regulation introduced at this time? The person in charge of the Human Resources Mobility Management Department of the Ministry of Human Resources and Social Security stated that currently, the overall order of the human resources market is stable and orderly. The vast majority of human resources service institutions can provide honest services and standardized operations, providing strong support for promoting employment for workers, ensuring employment for enterprises, and optimizing the allocation of human resources mobility.
At the same time, with the rapid growth of the number of business entities, the forms of market activities are becoming increasingly diverse. Issues such as illegal job referrals, false recruitment, leakage of personal information, and illegal fees that harm the rights and interests of workers occur from time to time. It is urgent to further strengthen the management of human resources service institutions and standardize human resources service activities through legislation and other means.
The introduction of regulations is an urgent need to optimize the business environment of the human resources market, protect the legitimate rights and interests of workers and human resources service institutions, and also an important measure to better play the role of the human resources service industry in serving employment, talent, and service development.
Adhere to a problem oriented approach and define the "red line" for carrying out services
What human resource service activities have been specifically regulated by the regulations? The above-mentioned person in charge stated that the regulations should focus on the prominent issues in recruitment information management, personal information protection, and business fees in the human resources service industry, with a focus on improving management efficiency and regulating market order. A "red line" for carrying out service activities should be established, and relevant legal responsibilities should be determined——
Require service agencies to establish a recruitment information management system and review the authenticity and legality of the materials provided by employers in accordance with the law; Clarify the complaint and handling methods, and stipulate that service agencies should promptly verify, suspend or terminate services if they discover suspected illegal activities such as false recruitment or receive complaint reports.
It is stipulated that service agencies shall not forge, alter, or transfer human resources service licenses, provide occupational intermediary services to employers without legal licenses, or introduce minors under the age of 16 for employment.
Clarify the methods and principles for handling personal information, determine that the collection of personal information should be limited to the minimum scope for achieving job search and recruitment purposes, and require service agencies to establish mechanisms for personal information protection, personal information security monitoring and early warning, and take necessary measures to prevent illegal activities such as theft, trafficking, and leakage of personal information.
It is stipulated that individuals shall not be charged service fees other than those explicitly stated in the service items under the guise of providing recruitment services, and shall not be induced or forced to participate in activities such as loans, equity investments, and fundraising under various pretexts; Do not disturb the price order of the human resources market.
Strengthening Law Enforcement and Supervision to Promote the Healthy Development of the Industry
In order to strengthen the supervision and management of human resources service institutions, regulations have further standardized management methods such as daily inspections, credit management, and social supervision. For the first time, clear provisions have been made on determining jurisdiction, revoking and canceling licenses, strengthening departmental collaboration, and other aspects. A comprehensive management system has been constructed that combines pre approval and post supervision, departmental collaboration, and collaborative efforts from all parties.
"We will guide various regions to innovate in-process and post regulatory methods, explore new regulatory methods such as credit management, increase daily management and special law enforcement efforts, crack down on various illegal and irregular issues, standardize the implementation of revocation and cancellation of human resources service licenses, maintain good market order, and effectively protect the legitimate rights and interests of workers and other entities," said the person in charge.
The person in charge stated that the guidance and training for human resources and social security departments in various regions will be strengthened to ensure that the regulations are truly implemented; At the same time, through the implementation of regulations, we will further stimulate market vitality, optimize the business environment, improve industry positive incentives and survival of the fittest mechanisms, continuously expand industry scale, and enhance service capabilities. The Ministry of Human Resources and Social Security will adhere to promoting industry development and implementing effective supervision, continuously improving the standardization level of the human resources market, and promoting the rapid and healthy development of the industry.