When an employing unit hires a worker, it should in accordance with the law truthfully inform the worker of the job duties, conditions of work, place of work, occupational hazards, safe production conditions, remunerations and any other matters that the worker wishes to know. The employing unit has the right to know the basic data of the worker that are directly relevant to the employment contract. The worker is obliged to provide such data truthfully.
The employing unit should keep the personal data of the worker in strict confidence. Before disclosing a worker’s personal data or using his/her technological or intellectual works, the employing unit should seek the written consent of the worker concerned. The employing unit should not hire workers by inappropriate means such as defaming other employing units or commercial bribery.
In hiring a Taiwan, Hong Kong or Macau resident, an enterprise should report to the local labour and social security department and apply for an Employment Permit for Personnel from Taiwan, Hong Kong and Macau for the employee. In hiring a foreign national, an application for a People’s Republic of China Employment Permit for Foreigners should be made to the local labour and social security department before the foreign national arrives in China and the appointment can only commence after the application is approved and the employment permit is granted.
When hiring workers for special job types involving public safety, personal health, and life and property safety, the employing unit should hire people who hold vocational qualification certificates of the relevant job types; otherwise, arrangements should be made for the workers to receive special training and obtain the necessary vocational qualification certificates before they could start work.
An employing unit may not refuse to hire female workers or raise their eligibility criteria for the sake of their gender provided that the job types or positions concerned are not deemed by the state as inappropriate for women. An employing unit may not refuse to hire people who are carriers of infectious disease causative agents. However, people who carry causative agents must not engage in activities that are deemed by laws, administrative rules and the State Council’s health departments to have high risk of spreading the infectious disease, until it has been clinically proven that the people concerned have been cured of the disease or the risk of transmitting the disease to others has been cleared.
On 10 February 2010, the Ministry of Human Resources and Social Security issued the Notification on Further Regulating the Physical Examination to Maintain Hepatitis B Surface Antigen Carriers' Rights of Education and Employment, which stipulated that, other than certain special occupations approved by the Ministry of Health, employing units shall not reject, dismiss or terminate workers based on the reason that they are carriers of hepatitis B surface antigen.
Any employing unit committing the following acts in recruiting staff is in violation of the law:
(1) Providing false information with regard to staff recruitment or posting false job advertisements;
(2) Withholding the identity card or other documentations of the recruits;
(3) Demanding money or valuables from applicants as guarantee;
(4) Hiring people under the age of 16 or people prohibited from taking up employment by state laws and administrative rules and regulations;
(5) Hiring people without legal identity documents;
(6) Making improper economic gains or carrying out illegal activities under the pretence of recruitment.
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