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Notice of the Ministry of Commerce on Strengthening the Administration of Foreign Labor Service Cooperation [Effective]
商务部关于加强对外劳务合作管理的通知 [现行有效]
【法宝引证码】

Notice of the Ministry of Commerce on Strengthening the Administration of Foreign Labor Service Cooperation 

商务部关于加强对外劳务合作管理的通知

(Letter No. 733 [2014] of the Ministry of Commerce) (商合函[2014]733号)

The competent commerce departments of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, and Xinjiang Production and Construction Corps: 各省、自治区、直辖市、计划单列市及新疆生产建设兵团商务主管部门:
Since the implementation of the Regulation on the Administration of Foreign Labor Service Cooperation (hereinafter referred to as the “Regulation”) in August 2012, all local competent commerce departments have strictly conducted the administration of foreign labor service cooperation in conjunction with relevant departments, and the market order has been further improved. However, there are still violations of laws and regulations despite repeated prohibitions: some illegal intermediary agencies engaged in foreign labor service cooperation without permission; some foreign labor service cooperation enterprises conducted business operation in violation of regulations; labor disputes were not handled in a timely manner; the deposit was collected from dispatched personnel; the training was not provided effectively; and the reserves were not paid in full amount, etc. In order to regulate foreign labor service cooperation and protect the lawful rights and interests of dispatched personnel, all local competent commerce departments shall continue to strengthen the administration of foreign labor service cooperation, conduct an overhaul of the order of the foreign labor dispatch service market in their respective regions, and effectively conduct the following work: 自2012年8月《对外劳务合作管理条例》(以下简称《条例》)施行以来,各地商务主管部门会同有关部门严格对外劳务合作管理,市场经营秩序进一步好转,但违法违规现象依然屡禁不止:一些非法中介未经许可擅自从事对外劳务合作;少数对外劳务合作企业违规经营,劳务纠纷处理不及时,向劳务人员收取押金,培训不到位,未足额缴存备用金等。为规范对外劳务合作,保障劳务人员合法权益,请各地商务主管部门继续加强对外劳务合作管理,清理整顿本地区外派劳务市场秩序,做好以下工作:
I. Conscientiously implementing the Regulation. The local competent commerce departments shall strengthen the publicity of foreign labor service cooperation policies, require foreign labor service cooperation enterprises to conduct business operation in accordance with the law, guide dispatched personnel in going to work overseas through formal channels, and maintain the lawful rights and interests of dispatched personnel.
......
   一、认证贯彻落实《条例》。加强对外劳务合作政策宣传,要求对外劳务合作企业依法经营,引导劳务人员通过正规渠道出境务工,维护劳务人员合法权益。
......

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