〔16th〕No.1

Regulations of Shanghai Municipality on Employment Promotion were adopted at the 1st Session of the Standing Committee of the 16th Shanghai Municipal People’s Congress on February 25, 2023, and are hereby promulgated. They shall shall be effective as of March 1, 2023.

Standing Committee of Shanghai Municipal People’s Congress

February 25, 2023

Regulations of Shanghai Municipality on Employment Promotion

(Adopted at the 1st Session of the Standing Committee of the 16th

Shanghai Municipal People’s Congress on February 25, 2023)

Chapter Ⅰ  General Provisions

Article 1

With a view to promoting high-quality and full employment, coordinating economic development with employment promotion, safeguarding social harmony and stability and better delivering prosperity for all, these Regulations are formulated in accordance with the Employment Promotion Law of the People’s Republic of China and other relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality,

Article 2

These Regulations shall apply to services and management as regards employment promotion within the administrative region of this Municipality.

Article 3

With the commitment to the principle that employment is pivotal to people’s well-being, this Municipality shall highlight employment expansion in its socio-economic development, further implement and optimize pro-employment strategies and policies, improve the public employment service system and encourage self-supported employment, market-guided employment, government-backed employment as well as entrepreneurship-motivated employment, expanding employment through multiple channels and creating better quality jobs.

Article 4

This Municipality shall carry forward the spirit of model workers, hard work and craftsmanship and foster the public awareness that labor is the most glorious, in order to shape an enabling environment that embraces labor.

This Municipality shall encourage laborers to develop a proper awareness of employment and enhance their ability to secure jobs and start businesses.

This Municipality shall embrace the awareness of proactive employment and prosperity through hard work among families and encourage able-bodied family members to actively engage in employment.

Article 5

Laborers are entitled by law to enjoy the right to equal employment and to seek employment on their own initiative.

Employing units are entitled by law to enjoy the right to make recruitment and employment decisions at their own discretion and shall safeguard the legitimate rights and interests of laborers.

Article 6

The Municipal People’s Government shall strengthen its organizational leadership over employment promotion, incorporate employment promotion into the national economic and social development plan and formulate mid - and long-term plans for employment promotion. The Municipal People’s Government shall establish a target responsibility system for employment promotion, reinforce fund security and guide and supervise the employment promotion performance of all districts and departments.

District people’s governments shall assume the primary responsibility for employment promotion in their own administrative regions to stimulate employment through industries, entrepreneurship and vocational training, widen employment channels, upgrade employment services, strengthen employment management and improve the employment environment.

The municipal and district people’s governments shall establish a coordinated mechanism for employment promotion, in a bid to collaboratively address major problems amid employment promotion.

Town/Township people’s governments and sub-district offices shall form an overall grasp of employment status of focus groups within their administrative regions, implement relevant policies and measures to promote employment, provide community-level public employment services, improve the employment assistance mechanism; and guide residents’ committees and villagers’ committees to assist governments and relevant departments in employment information screening, employment assistance, employment policy publicity and other public employment services.

Article 7

The municipal and district departments of human resources and social security shall be responsible for organizing, guiding and coordinating the work for employment promotion within their respective administrative areas, including advancing the investigation, analysis and judgment of employment situation, taking the initiative to formulate employment promotion policies and measures, specifying and performing the objectives and tasks for employment promotion, improving the public employment service system and building a sound vocational training and employment assistance system, with the intention of promoting high-quality and full employment.

The municipal and district departments of development and reform, economy and informatization technology, commerce, education, public security, housing and urban-rural development, transportation, agriculture and rural areas, state-owned assets supervision and administration, medical insurance, finance, taxation, market regulation, financial management, planning and natural resources, big data centers and other relevant departments or units shall, in accordance with their respective duties, jointly do well the relevant work of employment promotion.

Article 8

Trade unions, the Communist Youth League, women’s federations, associations for the handicapped and other social organizations shall assist the government and departments concerned in promoting the employment of the associated groups, providing employment services as required and safeguarding laborers’ labor rights in accordance with the law.

Industry and commerce federations, trade associations and chambers of commerce shall report to the government and departments concerned, in a timely manner, market entities’ demands in aspects of recruitment and employment, employment stabilization and vocational training, and provide corresponding services for market entities.

Higher education institutions and vocational schools (including technical schools) shall establish a sound mechanism for promoting employment and entrepreneurship and adopt multiple employment and entrepreneurship services including career planning, career experience, job application guidance, etc. to enhance students’ ability to seek employment and start businesses.

Article 9

The people’s governments at all levels and departments concerned shall publicize and interpret laws, rules, policies and measures with regard to employment promotion and guide the pubic to shape a correct awareness of employment and actively enter into employment.

Mass media such as radio, television, newspapers, websites and others shall expand publicity for public welfare by publicizing effective practices in promoting employment in ways that contribute to a favorable social environment for employment promotion.

Article 10

This Municipality shall facilitate cooperation in employment and entrepreneurship service in the Yangtze River Delta region, innovate mechanisms for personnel exchange and cooperation and unblock the mobility of human resources.

This Municipality shall, in accordance with the national requirements for East-West coordination, pairing support and pairing cooperation, improve policies and measures related to labor coordination and support rural laborers and poverty-alleviated laborers in pairing support and pairing cooperation areas as well as the central and western regions to seek employment locally, nearby, non-locally or in Shanghai.

Article 11

The municipal and district people’s governments shall, in accordance with applicable provisions, grant commendation and award to units and individuals that have made remarkable contributions to employment promotion.

Chapter II  Policy Support

Article 12

The municipal and district people’s governments shall further leverage policies on investment, industry, region, fiscal taxation, finance, education and personnel to promote employment, strengthen the coordinated linkage between employment policies and the aforesaid policies, broaden market-oriented and socialized employment channels for more job positions and optimize employment security services for enterprises for higher quality employment.

The municipal and district people’s governments and departments concerned shall improve the examination and evaluation mechanism for state-owned enterprises, whose employment promotion performance shall be included as a criterion for the examination and evaluation of state-owned enterprises and their leaders, and give play to the leading and exemplary role of state-owned enterprises in offering and driving more employment.

The municipal and district people’s governments and departments concerned shall formulate and improve relevant policies to exert the role of micro, small and medium-sized enterprises as the main channels for employment and support them to expand operations and increase job positions.

Article 13

The municipal and district people’s governments and departments of development and reform, economy and information technology , housing and urban-rural development, when appropriating government funds or determining major development projects, shall give play to the role of government investment and major development projects as an employment stimulus and give priority to projects with high employment quality and strong employment driving capacity.

Article 14

This Municipality shall advance the major manufacturing industry system and develop more technical and skill-based job positions in the manufacturing sector to absorb technical and skilled personnel for high-quality employment.

This Municipality shall upgrade traditional service industries and propel emerging service industries, in a move to improve the capacity of service sector to absorb labor force and create more employment.

This Municipality shall implement the rural revitalization strategy, giving impetus to the high-quality development of modern urban agriculture as well as developing and guiding new industries, new operation forms and new business models in rural areas, so as to promote the employment and income increase of rural labor force.

Article 15

The municipal and district people’s governments, when planning and developing key regions, shall improve the distribution of population and job positions, formulate and implement employment and entrepreneurship policies in line with regional characteristics and innovate management mechanisms for employment services, for the purpose of higher employment quality.

The Pudong New Area shall be supported to innovate and explore practices in employment, entrepreneurship, vocational training, talent development and other aspects and promote, in a timely manner, such duplicable reform practices throughout this Municipality thereafter.

Article 16

The municipal and district people’s governments shall implement financial policies in favor of employment promotion and reasonably appropriate funds for employment promotion in the light of employment situation and the objectives of employment promotion.

Departments of finance, taxation and development and reform shall, in accordance with the law, implement preferential policies on employment and entrepreneurship taxes and fees, postponing, reducing or exempting enterprise income tax, value-added tax, individual income tax and administrative fees of enterprises and laborers that satisfy relevant requirements in accordance with the applicable provisions.

Departments of human resources and social security as well as finance shall, in accordance with the law, implement policies on employment subsidy, providing employment subsidies, entrepreneurship subsidies, social insurance subsidies and vocational training subsidies for enterprises and laborers that satisfy relevant requirements in accordance with the applicable provisions.

Article 17

The department of financial management shall guide financial institutions to improve inclusive financial services and expand the coverage of inclusive finance, so as to facilitate the financing of enterprises for business expansion and consequential job position increase.

This Municipality shall leverage the government-sponsored financing guarantee system to provide credit enhancement services for the financing of micro, small and medium-sized enterprises; and encourage banking financial institutions and financing guarantee institutions to provide more financing support for micro, small and medium-sized enterprises, fostering more market entities to expand employment.

Article 18

Departments of education, development and reform, human resources and social security shall, in accordance with the employment situation and industrial development trend, formulate education policies and vocational education development plans that cater to the demands of the human resources market and carry out regular assessment of the employment situation of higher education institutions and vocational schools (including technical schools). The assessment results shall serve as an important basis for schools to set up majors and determine enrollment scale.

Article 19

The municipal and district people’s governments and departments concerned shall, in light of the planning and development of key regions as well as key and major projects, regularly issue lists of urgently-needed talents by industry, with a focus on forerunner and key industries such as the integrated circuits industry, the biomedicine industry, the artificial intelligence industry, etc., and support enterprises to increase the introduction and reserve of high-level and highly skilled talents

The relevant departments of the municipal people’s government shall optimize policies on residence permit, household registration and housing, so as to attract more professionals, returned overseas students and other talents home and abroad to apply for employment and start businesses in this Municipality.

Article 20

This Municipality shall, in accordance with the relevant provisions of the State, improve the unemployment insurance system, securing the basic subsistence of the unemployed in pursuance of law and giving play to the role of unemployment insurance in preventing unemployment and promoting employment.

The municipal people’s government shall keep unemployment insurance benefits at a level lower than the minimum wage in this Municipality but higher than the subsistence allowances for residents of this Municipality and make dynamic adjustment to it according to socio-economic development.

Chapter III  Entrepreneurship Support

Article 21

The people’s governments at all levels shall formulate and adopt measures to support entrepreneurship, improve entrepreneurship service systems and launch public benefit activities for entrepreneurship so that more laborers can be encouraged and assisted to start businesses, thus driving more employment.

Article 22

The people’s governments at all levels shall support laborers to start their own businesses by improving such supportive measures as financing guarantee, site support, start-up facilitation, tax incentives, social insurance subsidies, etc.

Departments of development and reform, finance, state-owned assets supervision and administration, economy and information technology, science and technology and education shall give play to the guiding role of policy-based venture capital funds, encourage social capital to set up venture capital funds and support the innovative development of entrepreneurial entities.

Departments of finance and human resources and social security shall refine policies on business guaranteed loan and interest subsidy, gradually expand the scope of guarantee objects and raise guaranteed amount, making business guaranteed loans more accessible for start-ups.

Article 23

The municipal and district people’s governments and departments concerned shall push for an entrepreneurship training system covering different groups of entrepreneurs and different stages of entrepreneurship, refine policies on entrepreneurship training and carry out targeted entrepreneurship training, reinforcing laborers’ entrepreneurial awareness and entrepreneurial ability.

Departments of education and human resources and social security shall provide guidance for higher education institutions and vocational schools (including technical schools) in improving the courses of innovation and entrepreneurship education and push ahead with the organic integration of professional education and innovation and entrepreneurship education.

This Municipality shall support relevant schools and training institutions to develop training materials and courses of entrepreneurship and provide entrepreneurship training and guidance for varied entrepreneurial entities.

Article 24

Public employment services shall provide policy consulting, entrepreneurship guidance and other public entrepreneurship services for different types of entrepreneurial entities.

This Municipality shall encourage all types of professional service providers to provide such services as management consulting, finance and taxation, human resources, legal consulting for entrepreneurial entities.

This Municipality shall encourage the participation of social workers, volunteers and other social forces in entrepreneurship services and give full play to the role of voluntary service organizations for entrepreneurship guidance to provide entrepreneurial entities with consultation, guidance and services in related fields such as pre-business preparation, enterprise start-up and operation, etc.

Article 25

The people’s governments at all levels shall set up entrepreneurial urban areas and entrepreneurial communities, creating and optimizing a favorable entrepreneurial environment.

Departments of human resources and social security, economy and information technology, science and technology shall promote the agglomerative development of entrepreneurial entities by establishing demonstration bases for entrepreneurship incubation, mass innovation spaces, overseas students pioneer parks, etc.

Higher education institutions and vocational schools (including technical schools) shall be supported to establish centers for entrepreneurship guidance, offering students such entrepreneurial services as policy publicity, expert consulting, entrepreneurial activities, entrepreneurship assistance and cultivation.

Article 26

This Municipality shall support innovation and entrepreneurship competitions and outstanding entrepreneurship projects. For entrepreneurial teams and entrepreneurial organizations that have won awards in national and municipal innovation and entrepreneurship competitions, departments of human resources and social security, education, science and technology and other relevant departments shall grant them awards or preferential policies in accordance with applicable provisions.

Chapter IV  Employment Equity

Article 27

The people’s governments at all levels shall create a fair employment environment, safeguard laborers’ equal employment rights and fair employment opportunities in accordance with the law, and eliminate unreasonable employment restrictions and employment discrimination that affect equal employment.

Employing units recruiting personnel, and public employment services, public talent services and profit-oriented human resource service agencies (hereinafter referred to as “human resource service agencies”) engaged in human resources services shall provide laborers with equal employment conditions and fair employment opportunities, and shall not publish recruitment information containing discriminatory content in respect of ethnicity, race, gender, religious belief and others, or, in violation of the State provisions, impose restrictions on the mobility of human resources in aspects of household registration, geography, etc.

Article 28

This Municipality shall ensure that women enjoy equal right to work as men do, protect their lawful rights and interests in employment and entrepreneurship, career development, vocational training, labor remuneration, welfare benefits, occupational health and safety, etc., and build a childbearing-friendly environment for employment.

When an employing unit recruits personnel, it shall not refuse to employ women or raise the standards for the employment of women on the grounds of sex, except for the types of work or posts unsuitable for women as prescribed by our country; it shall not stipulate such content in the Labour contract, service agreement or rules and regulations that restrict the rights of female workers to marry and give birth. For women whose employment is interrupted or whose career development is affected due to childbirth, departments of human resources and social security, women’s federations, trade unions and other relevant organizations or employing units may, according to their needs, provide targeted vocational guidance, vocational training and services for employment and entrepreneurship.

The employing units shall be encouraged to formulate measures conducive to the balance between work and family, and work out flexible leave and working modes conducive to taking care of infants and young children through consultation with the employees in accordance with the law.

Article 29

The municipal and district people’s governments shall make overall plans for the employment of disabled persons, protect their right to work in accordance with law and promote their employment.

An employing unit shall not discriminate against disabled persons when recruiting persons.

Article 30

An employing unit may not refuse to employ a laborer on the ground that he is a pathogen carrier of an infectious disease or used to suffer from an infectious disease, nor may it terminate the labor relationship with a laborer on the ground that he suffers from an infectious disease, except as otherwise provided by laws, administrative rules or the administrative department of health under the State Council.

Article 31

Unless otherwise provided for by laws and administrative rules, an employing unit or a human resource service agency shall not inquire about the diagnosis and treatment records, medical test reports, illegal and criminal records or require the laborer to provide any information unrelated to the performance of the labor contract when recruiting personnel or providing human resource services.

The health, public security and other departments and the municipal big data center shall strictly control the scope of inquiry and opening of the information provided in the preceding paragraph in accordance with the law.

Chapter V  Employment Services and Administration

Article 32

This Municipality shall improve the public employment service system covering all types of labor groups and employing units, enhance the ability of informational and intelligent public employment services, refine and improve the content and standards of services, and make public employment services more targeted, professional and convenient.

Article 33

The municipal and district people’s governments shall strengthen the construction of public employment service institutions and public talent service institutions, make overall plans to lay out public employment service outlets at all levels, fully tap regional employment service resources, and provide convenient and accessible public employment services to workers.

Trade unions, Communist Youth League, women’s federations, associations for the disabled and other social organizations shall be supported to organize public service activities for employment and entrepreneurship by relying on relevant public employment service resources.

Article 34

Public employment service institutions and public talent service institutions shall, in accordance with their respective functions and duties, provide such public employment and entrepreneurship services to laborers and employing units as employment policy consultation, vocational guidance and job introduction, information release on the supply and demand of human resources and vocational training, organization of special recruitment, talent introduction and personnel exchange, employment assistance, employment and unemployment registration, and management of floating personnel files without charge.

Article 35

Relying on the “Government Online-Offline Shanghai” platform for government affairs services, this Municipality shall promote the facilitation of public employment services, optimize the process, simplify the procedures, reduce application materials and shorten the time limit, so as to provide convenience for laborers to find employment or start their own businesses.

Article 36

The municipal department of human resources and social security shall, in conjunction with the municipal Big Data center, strengthen the construction of public employment service information platform, connect with the "Government Online-Offline Shanghai" platform, strengthen the integration and application of big data, integrate and collect job recruitment information, and provide job posting, resume delivery, employment probation, career guidance and other services to the recruitment units and workers. The department shall also provide information docking services for sharing employment among enterprises, so as to promote the matching of supply and demand in the human resources market.

Such organizations as trade unions, Communist Youth League, women’s federations, industry and commerce federations, trade associations, chambers of commerce, profit-oriented human resource service organizations are encouraged to strengthen information sharing on employment positions with public employment service information platforms.

Article 37

Departments of human resources and social security shall strengthen the construction of public employment and talent service teams, raise the professional level of services, promote the identification of such socialized vocational skill levels as vocational instructors and entrepreneurship instructors, and unblock the career development channels for public employment and talent service personnel.

The people’s governments of districts and town/townhips and sub-district offices shall strengthen the work force of community-level employment services, assign at least one full-time (part-time) worker to each neighborhood committee and villager committee by means of equipping corresponding community workers, to engage in such work as employment information survey, employment assistance, policy publicity, protection of workers’ rights and interests.

Article 38

Public employment service institutions and public personnel service institutions shall be encouraged to establish a cooperation mechanism with profit-making human resources service institutions, so as to create new modes of public employment service.

People’s governments at various levels may, in accordance with relevant provisions and through various means, support profit-oriented human resource service institutions, relevant social organizations and professional service institutions in undertaking public employment services, so as to give full play to their role of serving market players and promoting employment.

Article 39

The municipal and district people’s governments shall make comprehensive use of regional, industrial, land and other policies to promote the construction of human resource market and the high-quality development of human resources service industry.

The municipal department of human resources and social security and the relevant district people’s government shall promote the cultivation and construction of national and municipal human resources service industrial parks, promote the agglomeration of human resources service institutions, industries and functions, expand the supply of market-oriented employment services, and stimulate the vitality of the human resources market.

Profit-oriented human resource service institutions are encouraged and supported to provide professional services for the introduction of high-level talents from home and abroad and the urgently needed talents and the improvement of employment quality.

Article 40

When releasing the supply and demand information of human resources, human resource service institutions shall establish and improve the information release review and complaint handling mechanism, so as to ensure that the information released is true, legal and effective.

Human resource service agencies shall protect the information of employers and individuals collected in their business activities according to law, and shall not disclose or illegally use the business secrets, personal information or other information that should be kept confidential.

In providing human resource services through the Internet, human resource service agencies shall abide by the relevant state regulations on the management of online recruitment services, network security and Internet information services.

Where a mass media accepts the entrustment of a human resource service agency to publish recruitment information, it shall, according to law, examine the business license or relevant documents of approval for establishment, human resource service license and other materials of the entrusting party, and check the contents of the recruitment information; institutions that are unable to provide relevant materials, or recruitment information that contains discriminatory content and other illegal circumstances, shall not be provided with information publishing services.

Article 41

This Municipality shall deepen the integrated reform of employment and insurance registration.

The employing units and individuals shall go through the procedures of employment and insurance registration truthfully according to law, and shall not go through such procedures by fabricating employment information.

Article 42

This Municipality shall improve the labor resources investigation and statistics system and improve the employment monitoring system.

Departments of human resources and social security, statistics, education and other departments shall, in accordance with their respective functions and duties, carry out labor resources investigation and statistics and employment monitoring, and regularly publish to the society such information as major employment data, supply and demand in the human resources market and guiding wage levels.

The employing units and individuals shall cooperate with relevant departments in carrying out labor resources investigation and statistics and employment monitoring, and truthfully provide relevant information; if the employing unit is a labor dispatch unit, it shall also provide information on the actual employment unit and position of the dispatched workers.

Public security, market regulation, taxation and other departments as well as the municipal big data center shall provide necessary data support for carrying out employment monitoring.

Article 43

The municipal and district people’s governments shall make a overall plan to allocate employment subsidy funds, unemployment insurance funds, local additional specialized funds for education and other funds to promote employment, improve the efficiency of the use of funds and strengthen the management of performance targets.

The municipal and district people’s governments shall, in light of the employment situation and key tasks, scientifically set the factors and weights for the allocation of funds and rationally distribute the funds of employment subsidies.

Article 44

The municipal and district people’s governments shall improve the early warning system of unemployment risks, strengthen the assessment of unemployment risks, formulate risk response plans and reserve policies; in the face of such major economic risks and emergencies as natural disasters, accidents and disasters and public health events, temporary employment assistance policies shall be implemented.

Article 45

This Municipality shall strengthen pluralistic settlement of labor disputes. The people’s courts, labor and personnel dispute arbitration institutions, trade unions and mediation organizations shall handle labor disputes in a timely and proper manner according to law, promote the construction of harmonious labor relations, protect the legitimate rights and interests of laborers, and promote the steady and orderly development of market entities.

Chapter VI  Vocational Education and Training

Article 46

The municipal and district people’s governments and relevant departments shall, in the light of economic and social development and market demand, develop vocational education, strengthen vocational capacity building, optimize the type of vocational education, the layout of colleges and universities and the setting of specialties, perfect the vocational education system and the lifelong vocational skill training system. A system for training highly skilled personnel shall be established with industries and enterprises as the main body, vocational schools (including technical schools) as the foundation, and government promotion combined with social support, the mechanism for training, using, evaluating and motivating skilled personnel shall be perfected, so as to promote laborers to improve their vocational skills and enhance their ability to find employment and start businesses.

Article 47

Such departments as human resources and social security, economy and informatization technology, state-owned assets supervision, management of housing and urban and rural construction, emergency response and commerce shall, in accordance with the needs of industrial development, safe production and skill improvement of laborers of this Municipality, promote the development of vocational skills training and evaluation projects and perfect the standards for training and evaluation of skilled talents.

Article 48

Departments of human resources and social security and education shall formulate relevant supporting policies to promote institutions of higher learning, vocational schools (including technical schools) and vocational skill training institutions to provide pre-employment training, on-the-job training and re-employment training to the unemployed, on-the-job personnel and rural-transfer employment personnel and other laborers, and support employing units to carry out vocational training for their staff and workers and to train personnel with practical skills and skilled laborers.

Article 49

The employing unit shall establish a vocational training system, draw and use funds for staff and workers’ education in accordance with provisions, and provide vocational skills training and continuing education training for staff and workers; support staff and workers to participate in vocational training and improve their vocational skills.

Article 50

Institutions of higher learning, vocational schools (including technical schools) and vocational skill training institutions that conduct vocational training shall, in accordance with relevant requirements, formulate training plans, ensure the availability of teachers, places and equipment, conduct training activities in a standardized manner and improve the quality of training.

Article 51

Encourage Institutions of higher learning, vocational schools (including technical schools) and vocational skill training institutions to establish a talent training mechanism featuring school-enterprise cooperation and integration of production and education with employing units, support the construction of high-skilled personnel training bases and new-type technician colleges, carry out new-type apprenticeship training, and train all kinds of technical and skilled personnel who are urgently needed and in short supply for the development of this Municipality’s key industries.

Article 52

The municipal and district people’s governments shall, in accordance with the market demand and the direction of industrial development, rationally plan and support the construction of public training bases and open training centers by means of joint construction and sharing, and provide such services as vocational skills training, practical training, competition evaluation and teacher training to the employing units, institutions of higher learning, vocational schools (including technical schools) and vocational skills training institutions.

Article 53

This Municipality shall improve the vocational skill evaluation system for skilled personnel, give full play to the role of multiple evaluation bodies such as government departments, employing units and social training evaluation organizations, and improve diversified evaluation methods such as vocational qualification evaluation, identification of vocational skill levels and special vocational ability assessment. To the laborers who are recognized as capable in the skill evaluation, corresponding skill evaluation certificates shall be issued in accordance with the provisions.

This Municipality establishes a quality supervision system for skill evaluation under government supervision, institutional self-discipline and social supervision. Departments of human resources and social security and competent departments of relevant industries shall establish corresponding management mechanisms to guide and supervise relevant evaluation subjects to carry out evaluation activities for skilled talents in a standardized manner.

Article 54

This Municipality shall perfect the commendation and reward system for skilled talents, increase the commendation and reward for skilled talents, and perfect the incentive mechanism for skilled talents.

The employing units are encouraged to establish a mechanism combining the evaluation, use and incentive of skilled talents, to connect the career development channels of skilled talents and professional and technical talents, to establish and improve a salary system for skilled talents based on post value, ability, quality and performance contribution, and to respect and reflect the value of skilled talents.

Article 55

This Municipality shall establish a multi-level vocational skills competition system, encourage social forces to participate in the holding of competitions and carry out vocational skills competitions.

The municipal and district people’s governments shall establish and improve the competition guarantee and incentive mechanism, strengthen the construction of competition training bases, contestant teams and professional coach teams, reward the winning contestants and coaches as well as units and individuals that have made outstanding contributions to the competition in accordance with provisions and give them preferential treatment in terms of talent introduction, professional title evaluation, selection and commendation.

Article 56

This Municipality shall, in accordance with relevant provisions, give subsidies and support to laborers who participate in vocational training, skilled talents evaluation and vocational skills competition, and to the employing units that organize their workers to participate in vocational training.

The department of human resources and social security shall, jointly with relevant departments, establish a dynamic adjustment mechanism for the standard of vocational training subsidies, and give more support to the training of type of job in urgently needed and of middle and high-level skilled personnel.

Chapter VII  Employment Assistance and Key Group Employment

Article 57

This Municipality shall implement employment assistance system, give priority to supporting and helping the persons who have difficulties in finding jobs, by taking such measures as tax and fee reduction, social insurance subsidies, post subsidies, professional training subsidies, and by offering them public posts.

Article 58

The department of human resources and social security shall update the identification methods of persons with employment difficulties, establish a dynamic adjustment mechanism for the identification criteria of persons with employment difficulties, provide meticulous employment assistance services, and strengthen the tracking and evaluation of the results of employment assistance.

Town/township people’s governments and sub-district offices shall strengthen their employment assistance work, give greater aids to those who have difficulty in finding employment, and provide targeted employment assistance services.

Article 59

The municipal department of human resources and social security shall, in accordance with the economic and social development and the change of employment situation, set the scale of public welfare posts in a reasonable manner and give priority to hiring those who have difficulty in finding employment.

The competent departments of the relevant industries and the district people’s government shall, in light of the reality of the respective industries and regions, create public welfare posts such as community public administration, public health, emergency services, social assistance, greening and city appearance, environmental sanitation and cleaning, support for the elderly and the disabled and employment assistance.

District, town/township people’s governments and subdistrict offices shall assume the administrative responsibilities of public welfare posts and, in light of reality of their respective administrative regions, make overall arrangements for those unemployed persons who meet the requirements of certain posts.

Units which employ persons with employment difficulties through public welfare posts may enjoy corresponding post subsidies and social insurance payment subsidies in accordance with relevant provisions.

Article 60

A family of this Municipality whose working-age members are all unemployed may apply to public employment service agencies for employment assistance. If the public employment service agencies verify such facts, they shall provide at least one member of the family with an appropriate job.

Article 61

This Municipality shall establish a policy support system covering the whole process of employment and entrepreneurship of young people, and promote youth employment through the implementation of employment and entrepreneurship internship system and youth employment scheme.

The departments of human resources and social security and education and other departments shall support young people in participating in employment and entrepreneurship internship. Qualified employers are supported in applying for internship bases for employment and entrepreneurship, and shall provide internship positions and teaching services. Both the employment and entrepreneurship internship bases and interns may enjoy internship subsidies according to relevant provisions.

The department of human resources and social security and the Communist Youth League shall further assist the unemployed young people and encourage them to improve their ability and get employed.

Article 62

This Municipality shall establish a coordination mechanism for the employment of college graduates to promote the employment and entrepreneurship of college graduates in an overall manner.

Departments of education, human resources and social security together with other competent departments of relevant industries shall formulate and fully implement policies and measures to promote the employment and entrepreneurship of college graduates, strengthen guidance on employment and entrepreneurship, regularly organize job fairs targeted for different industries, regions and majors, and give more support to the employment of college graduates.

The people’s governments at all levels and the departments of education, human resources and social security, civil servant administration shall create primary-level service projects and jobs targeted for college graduates, and encourage and support state-owned enterprises, government agencies and public institutions to expand the recruitment scale to attract more college graduates.

Article 63

Departments of ex-servicemen, human resources and social security, education, state-owned assets supervision, civil servants administration and other departments shall formulate and improve policies and measures including targeted recruitment, preferential recruitment, employment guidance, entrepreneurship services and back-up assistance, promote the employment and entrepreneurship of ex-servicemen, and ensure that their relevant rights and interests are well protected.

Employing units that recruit ex-servicemen in accordance with the provisions of the State and this Municipality shall enjoy preferential tax treatment and other policies according to law.

Article 64

The municipal and district people’s governments shall shall formulate preferential policies and specific measures of support and protection to create job opportunities for disabled persons, implement the system of combining centralized employment with decentralized employment of disabled persons, further support self-employment and flexible employment of disabled persons, and improve the mechanism of supported employment for them.

The municipal and district disabled persons’ federations shall carry out vocational guidance, job referral and vocational training, offer help to disabled persons in seeking employment and to employers in hiring them, and encourage them to participate in vocational training and employment and entrepreneurship internships which are suitable for them.

Employing units shall, in accordance with the relevant provisions of the State and this Municipality, fulfill their obligation to provide jobs for disabled persons. Government agencies, public institutions and state-owned enterprises shall take the lead in arranging the employment of disabled persons.

Article 65

Departments of human resources and social security and judicial administration shall, in accordance with the relevant provisions of the State and this Municipality, conduct the employment guidance, vocational training, protection of rights and interests and other related work in an effective manner for people released after completing their prison sentence and community correction in an effective manner, and encourage them to start their own businesses or find jobs on their own. People who are released after completing their prison sentence and community correction, if they meet certain requirements, shall be promptly identified as people with employment difficulties and assisted in finding jobs.

Chapter Ⅷ  Flexible Employment

Article 66

The municipal and district people’s governments and relevant departments shall give more support to flexible employment methods including self-employment, part-time employment and new forms of employment, broaden channels for the development of flexible employment, optimize the environment for flexible employment, improve relevant policies and services, lift unreasonable restrictions on flexible employment, and create more opportunities for flexible employment.

Article 67

This Municipality shall incorporate people in flexible employment into public employment services, set up special sectors and columns for flexible employment on public employment service information platforms, post information on job supply and demand and new occupations, and provide employment policy consultation and career guidance.

Human resource service agencies may provide professional services such as standardized and orderly job searching activities for people seeking flexible employment by setting up special gig market and organizing job fairs as needed.

Article 68

This Municipality shall include people in flexible employment into the system of vocational skills training and assessments.

Employing units are encouraged to organize pre-job training and vocational skills upgrading training for employees in flexible employment to help them stabilize employment and improve employment quality.

People in flexible employment who participate in vocational skills training and assessments may enjoy subsidies in accordance with relevant provisions.

Article 69

This Municipality shall include people in flexible employment into the scope of labor resource investigation and statistics and establish a survey mechanism of flexible employment of the actual population.

People in flexible employment are encouraged to register for flexible employment in accordance with relevant provisions.

Article 70

The municipal and district people’s governments shall formulate, implement and improve employment and social security policies and measures matching with flexible employment so as to provide services and security for people in flexible employment.

People in flexible employment in this Municipality may participate in social insurance in accordance with relevant provisions of the State and this Municipality and enjoy social insurance benefits according to law.

Eligible people in flexible employment may apply for social insurance subsidies and employment subsidies in accordance with relevant provisions.

Eligible people in flexible employment shall be included in the scope of social assistance in accordance with relevant provisions.

Article 71

The Municipality shall support and regulate the development of new forms of employment, set regulatory rules for platform economy and other new business forms and models in a scientific and reasonable manner and promote the orderly, sound and sustainable development of new forms of employment.

Internet platform enterprises shall, according to the employment situation, conclude labor contracts with workers or define the rights and obligations of both parties through written agreements; guide and urge enterprises which provide relevant employment services to protect the legitimate rights and interests of workers in new employment forms.

Enterprises, industrial associations, trade unions, and representatives of employees may consult on such affairs as business quotas, unit price, occupational safety and health, etc., and set standards in a reasonable manner for labor quota, rules on rest, unit price, commission rate, assessment, reward and punishment, etc.

This Municipality shall establish and improve the occupational injury protection system for workers in new employment forms, give more support to the development of mutual assistance and safeguard mechanism and commercial insurance which are connected with the occupational injury protection system, and protect the rights and interests of workers in new employment forms.

Chapter Ⅸ  Supervision and Inspection

Article 72

The municipal and district people’s governments shall implement the employment-first strategy and fulfill their duties of promoting employment, set goals and tasks for promoting employment in a reasonable manner in light of the employment situation and the needs of employment, improve the assessment mechanism of the performance and effectiveness of the people’s governments and relevant departments at lower levels in promoting employment, and take the assessment results as an important reference for the annual performance assessment and the comprehensive performance assessment and appraisal of officials.

Article 73

The department of human resources and social security shall, together with relevant departments, strengthen supervision and guidance over the implementation of laws and rules on promoting employment, the employment of key groups and the guarantee of funds for promoting employment.

The department of human resources and social security and other departments shall, in accordance with their respective responsibilities, update the working mechanism of labor complaint handling and labor dispute settlement, improve the service efficiency of consultation, guidance and mediation, accept complaints and reports from units and individuals against violations of these Regulations, and verify and deal with such complaints and reports in a timely manner.

Article 74

Departments of human resources and social security and financial shall strengthen the supervision of funds for promoting employment, regulate the use of the funds, ensure the safety of funds as well as improve the efficiency of fund use. Units or individuals that fraudulently obtain such funds or use them in violation of regulations shall be dealt with by human resources and social security departments and financial departments according to law; the appropriations towards such units or individuals may be postponed or suspended, and the funds already allocated to them may be recovered.

Audit departments shall conduct audit supervision over the management and use of funds for promoting employment according to law.

Article 75

The Standing Committee of the Municipal and District People’s Congresses shall strengthen supervision over the implementation of these Regulations and employment promotion through listening to and reviewing special work reports, organizing law enforcement inspection and conducting inquiries.

The Standing Committee of the Municipal and District People’s Congresses shall give full play to the role of deputies to people’s congresses at all levels, organize deputies to people’s congresses to research and inspect the implementation of employment promotion and urge relevant departments to implement the work of employment promotion.

Chapter Ⅹ  Legal Liabilities

Article 76

If any other law or administrative rules already provide for handling acts violating the provisions of these Regulations, such law or administrative rules shall prevail.

Article 77

Where in violation of the provisions of Paragraph 4 of Article 40 of these Regulations, mass media that provide information release services for agencies which are unable to provide relevant materials or release recruitment information which contain discriminatory content or other illegal information shall be ordered by the human resources and social security department to make corrections and eliminate the adverse effects within the relevant scope; those who refuse to make corrections shall be imposed a fine of no less than 10,000 yuan but no more than 50,000 yuan; the illegal gains, if any, shall be confiscated.

Article 78

Where in violation of the provisions of Paragraph 2 of Article 41 of these Regulations, employers and individuals that fabricate employment information to go through the registration procedures of employment and insurance shall be ordered by the human resources and social security department to make corrections, and the illegal gains, if any, shall be confiscated; if the circumstances are serious, the employees who fail to truthfully go through the registration procedures of employment and insurance shall be imposed a fine of no less than 1,000 yuan but no more than 5,000 yuan; those who fraudulently obtain social insurance benefits shall be punished by the human resources and social security department in accordance with the Social Insurance Law of the People’s Republic of China.

Article 79

For acts violating the provisions of these Regulations, the relevant departments shall, in addition to holding the responsible parties legally liable according to law, collect the information on dishonesty of relevant units and individuals on public credit information service platform of this Municipality and punish the relevant units and individuals according to laws and rules.

Article 80

Where the department of human resources and social security and other departments as well as their staff fail to fulfill their duties according to law, they shall be ordered to make corrections by their units or the competent departments at the higher level; where anyone commits acts of neglect of duty, abuse of power, favoritism and malpractice, the persons directly in charge and other directly responsible persons shall be disciplined according to law; if the case constitutes a crime, the parties shall be investigated for criminal responsibility according to law.

Chapter XⅠ  Supplementary Provisions

Article 81

The Regulations shall be effective as of March 1, 2023. Provisions of Shanghai Municipality on the Promotion of Employment adopted at the 25th Session of the Standing Committee of the 12th Shanghai People’s Congress on December 29, 2005 shall be abolished at the same time.