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These People Will be Forbidden to Working in Certain Industries

GiC Team GICexpat 2020-04-25

On May 29, the search terms related to limiting the work of people involved in sexual assault to work in Shanghai hit an all-time high. 


Yesterday, the Shanghai Municipal Political and Legal Commission, The Municipal Procuratorate, The Municipal Public Security Bureau, and 16 other organizations jointly issued new regulation for people involved in sexual assault. 


Employees shall report the records of sexual assault crimes, for which the employer shall have the obligation to review and screen, and shall be held accountable for any refusal or falsification.



A total of 12 articles of the guideline provide for 8 aspects. These include the scope of application, entry examination, employment restrictions, enforcement mechanism, and supervision and management. Improving the recruitment and management of employees who have close contact with minors and strengthen the prevention of sexual assault crimes on minors.



The analysis of Shanghai procuratorial organs found that the reoffending possibility of sexual assault on minors is high. The use of professional convenience to carry out the crime of concealment is stronger and there is a necessity for implanting prevention for offenders and re-offenders.


This is China's first provincial-level restriction system for people involved in sexual assault.



The system will provide employees (including minors) with education, training, assistance, care, and medical treatment. 


In addition to teachers, doctors, coaches, child-care workers and other staff members who have work responsibilities directly to minors, other staff members such as security guards, guards and drivers who have close contact with minors are included in the applicable objects.


Volunteers recruited by employers in industries that have close contact with minors also need to be vetted before entering the workforce.


Employees in the above fields will not be employed if they are held criminally responsible for committing crimes of sexual assault such as rape or child molestation, or if they are administratively punished for committing ACTS of molestation, soliciting, accommodating or soliciting prostitution.


Employees are required to report sexual assault records. 


According to article 6 of the guideline, the job that has close contact with minors should ask employees when hiring, including foreigners, to truthfully report whether they have any criminal records such as sexual assault.


The employer shall examine whether the candidate has a criminal record of sexual assault and can verify it with the public security organ.


It also stipulates that employers should keep confidential information about other people's criminal records so as to safeguard the privacy of job-seekers.


If the candidate is found to have a criminal record of sexual assault, he or she will not be accepted. 



Meanwhile, the on-the-job staff of the company will also be checked step by step.


After hearing this news, many netizens sent thumbs up of approval and say they hope the whole country will promote and implement these rules.



Source: jcrb.com

Editor: Crystal Huang


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