The Ministry of Labor and Social Security (MLSS) Prohibits Enterprises from Using the Words of ‘Monthly Salary Open for Discussion’ in Recruitment Information
On August 20, 2009, the MLSS released a statement that the Provisions for Employment Service and Employment Management (the Provisions) would take effect on New Year’s Day of next year. Furthermore, it should be noted that this is the first time that the Provisions stipulate that employers will be fined 1,000 RMB if they force the employees to be tested for hepatitis B.
Under the Provisions, if an employment agency fails to provide agreed upon services for its clients it should return the relevant fees. Employers cannot use the words of ‘monthly salary open for discussion’ in recruitment information and must specify a salary. When hiring female employees, employers must not make use of clauses in contracts that limit female employees’ ability to marry and give birth. Rural laborers are entitled to the same rights as urban laborers when working in the city and discriminatory restrictions cannot be placed on rural laborers.
Furthermore, the Provisions establish limitations on the location of employment offices, employment office equipment, and the capital of the employment agencies. At the same time the Provisions state that employment agencies should have a full staff of qualified professionals.