To all district & county Labour & Social Security Bureaus:
In order to improve management and administration of unemployment registration in the Municipality, timely collect and analyze the information of the unemployed, provide effective employment service to better promote employment, in accordance with the Labour Law of P.R.C. and relevant laws and regulations, Provisions on Unemployment Registration in Shanghai Municipality are as follows:
Article 1 Scope of Unemployment Registration
Permanent Shanghai urban residents within the statutory working age possessing labour capacity and willingness to work, when meeting one of the following conditions, shall handle the unemployment registration at Job Agencies in the community or town where he/she has the household residence registered:
1. Young graduates (or school leavers) over age of 16 that have ceased to pursue higher education;
2. Employees whose labour relations with their employers have expired or been terminated / dismissed;
3. People that transfer from suburban resident to urban resident and meanwhile, lose the contracted land;
4. Soldiers that have left the military service and are not placed by the State;
5. People released after serving full term of a sentence, those on parole, or those released from reeducation-through-labour or released upon reduction of the reeducation period;
6. Other unemployed that have met the required conditions as in the Provisions.
Article 2 Managing Departments
The concerned labour & social security departments at district/county level shall manage the unemployment registration work in their respective administrative areas. Job Agencies in the communities/towns shall handle the specific work of unemployment registration within their respective administrative areas.
The Job Agencies (Centers) for the Disabled at district/county level may, entrusted by the administrative Labour & Social Security Departments at the same level, handle unemployment registration and provide service for the disabled who meet the requirements.
Article 3 Documentations & Procedures for Unemployment Registration
Labour Handbook shall be produced for unemployment registration. Those who do not possess Labour Handbook shall apply for it according to relevant laws and regulations, applications of Labour Handbook can be handled together with the unemployment registration.
The Job Agencies handling unemployment registration shall record the date of unemployment registration on the Labour Handbook, and include the registered individuals in the management of the unemployed in the administrative areas.
Article 4 Duration of Unemployment Registration
Each unemployment registration shall be valid for 6 months. The unemployed who still meet the requirements of unemployment registration, upon the expiration of latest registration, shall have their unemployment registration renewed.
Article 5 Rights & Obligations of the Registered Unemployed
1. The registered unemployed shall be eligible to the following rights:
(1) Free job services and career guidance provided by the Public Job Agencies;
(2) Vocational training programs meeting the labour market demands, and the training cost incurred may be partly or totally refunded as per relevant laws and regulations;
(3) Preferential employment promotion policies as per the laws and regulations;
(4) Unemployment benefits, in case the requirements of unemployment insurance and other unemployment benefits stipulated by relevant laws and regulations are met.
2. The registered unemployed are obliged to the following responsibilities:
(1) Actively reporting his job seeking experiences to the administrative departments of unemployment registration;
(2) Actively applying for jobs recommended by Public Job Agencies and accepting career guidance;
(3) Actively participating in the free vocational training programs and the employment promotion programs organized by the Labour & Social Security departments;
(4) Accepting and cooperating with the investigations conducted by job assistants on information of job seeking, job orientation, vocational training participation etc. of the registered unemployed;
(5) The registered unemployed, who still do not find jobs upon expiration of the unemployment registration period, shall apply to have their unemployment registration renewed.
Article 6 Withdrawal of Unemployment Registration
The registered unemployed shall withdraw from unemployment registration in case one of the following conditions has been met,
1) Employment registration has been completed;
2) The industry & commerce business licenses or other relevant business certificates have been received;
3) Social insurance contribution have been made on monthly basis;
4) Engagement in paid jobs has been confirmed by the concerned individual;
5) Pension benefits have been distributed;
6) Enter into school or military service;
7) Migrate abroad or out of the Municipality;
8) Sentenced to prison or reeducated-through-labour;
9) Assessed by relevant departments as complete incapacity;
10) Personally confirmed for serious illnesses and thus temporarily do not have willingness to work;
11) Beyond statutory working age, missing or dead;
12) The period of unemployment registration have expired, and new registration have yet been handled;
13) Others who are not in the status of unemployed.
Article 7 Administration and Services
Job Agencies shall strengthen routine administration of the registered unemployed and provide the following corresponding services:
1) Provide free services for unemployment registration and unemployment registration renewal as per relevant laws and regulations;
2) Provide career guidance, advise vocational training programs, and offer job information and other public employment promotion services to the registered unemployed;
3) Guide the unemployed who meet the requirements of unemployment benefits for application and claim of the unemployment benefits as per relevant procedures;
4) Organize job assistants in the communities to conduct quarterly investigations on dynamic changes of the registered unemployed, timely collect the information of the registered unemployed in the administrative areas, and record the information in the Labour & Social Security Information Database;
5) Provide free services of file-keeping for registered unemployed;
6) Conduct administration and investigations on the conditions of the unemployed who are qualified for unemployment registration but have yet handled the unemployment registration, the laid-offs who still maintain their social insurance relationship with their previous employing unit, and the surplus suburban workforce who have handled the Job Seeking Registration Card for Surplus Suburban Workforce, and provide corresponding services referring to the Provisions;
7) Other responsibilities stipulated by the Labour & Social Security Administrative Departments in the Municipality.
These Provisions shall become effective as of March 1, 2004. In case of any inconsistency between previous regulations and the Provisions, these Provisions shall prevail.