Interim Provisions On Labor Management In Private Enterprises

general provisions

Article 1 in order to strengthen the labor management of private enterprises, protect the legitimate rights and interests of operators and workers, and promote the healthy development of private enterprises, these Provisions are formulated in accordance with the Provisional Regulations of the People's Republic of China on private enterprises and relevant labor laws and regulations.

The second private enterprises must strictly enforce the state's labor policies and the relevant labor management laws and regulations, and establish and improve the labor management system.

The third employees of private enterprises should engage in labour in a positive manner, observe labour discipline and rules and regulations, and complete the tasks of production and work.

Fourth operators of private enterprises should not abuse, abuse or insult employees.

The fifth provision applies to private enterprises in cities and towns, and the private enterprises in rural areas can be referred to for execution.

The second chapter is about employment and labor contracts.

The sixth private enterprises have the right to work independently. According to the characteristics of the industry and the needs of production and operation, the number of employees, the conditions of employment and the assessment methods can be determined.

The employment of private enterprises should be mainly recruited in cities and towns, and registered with the local labor administrative departments. Students who are not under sixteen years of age should not be allowed to employ children.

The seventh private enterprises must sign labor contracts in written form in accordance with the principle of equality, voluntariness and consensus, and determine the rights and obligations of both parties. After the labor contract is signed, the local labor administrative department shall be certified and filed for the record.

Trade unions in private enterprises have the right to sign collective contracts on behalf of workers and enterprises.

The eighth labor contract shall include the following contents:

(1) requirements for the quality and quantity of workers' labor;
(two) the term of contract;
(three) working conditions;
(four) labor remuneration, insurance and welfare benefits;
(five) working hours and vacations;
(six) labor discipline;
(seven) the responsibility to be violated in the labor contract;
(eight) other matters agreed upon by both parties.
The ninth private enterprises may change the contents of the contract by changing their production projects, adjusting production items or changing the situation.

After the change, the labor contract must be reported to the local labor administrative department for verification and filing.

Tenth, under the following circumstances, the private enterprise may terminate the labor contract:

(1) employees who are employed do not meet the employment requirements;
(two) workers who are sick or not injured by work are unable to engage in the original work after the expiration of their medical treatment and unable to arrange other work.
(three) in accordance with the Provisional Regulations of the State Council on the dismissal of employees in violation of discipline by state owned enterprises, they should be dismissed.
(four) when an enterprise goes out of business, declares bankruptcy, or is on the verge of bankruptcy, it is in the period of statutory rectification.
The eleventh private enterprise shall not terminate the labor contract under the following circumstances:

(1) if the term of the labor contract is not full, it does not conform to the tenth provision.
(two) workers suffering from occupational diseases or injured by work and confirmed by the medical labor appraisal committee.
(three) the sick or non injured workers are in the prescribed period of medical treatment.
(four) female workers during pregnancy, maternity leave and breastfeeding.
Twelfth, under the following circumstances, the workers may rescind the labor contract:

(1) in violation of state regulations, enterprises have no safety protection facilities, and their labor safety and hygiene conditions are abominable, seriously endangering the health of workers.
(two) the enterprise is unable or fails to pay the workers' labor remuneration in accordance with the provisions of the labor contract.
(three) enterprises do not fulfill their labor contracts or violate state policies and regulations, infringing upon the legitimate rights and interests of workers;
(four) the workers themselves have justified reasons for their resignation.
The thirteenth labor contract of the private enterprise is reeducated by labor, and is subject to criminal punishment.

The fourteenth Party of a private enterprise or worker shall terminate the labor contract ten days in advance, and notify the other party in advance, and handle the formalities for rescission of the labor contract.

If any party or any employee of an enterprise violates the labor contract and causes economic losses to the other party, it shall make compensation according to its consequences and responsibilities.

When the enterprise terminates the labor contract, it shall seek the opinions of the trade union organization of this enterprise.

The dissolution of a labor contract shall be reported to the local labor administrative department for record.

The fifteenth private enterprises have terminated their labor contracts because of bankruptcy or business closedown. The operators have issued a refund of the workers' standard wages for one month according to one year's work, which is more than half a year's less than one year's calculation. At the same time, the workers who have not reached the contract period have to pay the compensation fee for the loss within the contract period. The standard is: the time limit for the contract is not yet full, and the compensation fee equivalent to one month's salary is equivalent to one month's salary per year. The total compensation fee shall not exceed twelve months' standard salary.

Third chapter salary

The sixteenth private enterprises have the right to determine the wage system and wage forms in accordance with national laws and relevant policies.

Enterprises shall pay wages on a monthly basis. If the salary date exceeds the stipulated date of the month, from sixth days, the employee will be compensated by 1% of the employee's wages.

The minimum wage of seventeenth employees in private enterprises must not be lower than the minimum wage level of workers in the same industry as collective owned enterprises in the same industry. Men and women should pay equal pay for equal work.

The wage standards of private enterprises shall be formulated by consultation with the staff representatives or trade union organizations, and shall be implemented after the consent of the local labor administrative departments.

The eighteenth private enterprises should gradually raise their wage level according to the production and development of enterprises.

In addition to paying taxes according to the state regulations, the nineteenth private enterprises shall pay the personal income adjustment tax according to the regulations if the incomes of the managers and employees of the enterprises exceed those prescribed by the state.

The fourth chapter is insurance benefits.

The twentieth country applies the social insurance system to the retired employees of private enterprises.

According to the fifteen percent of the total wages of the employees, the employees will not pay more than three percent of their wages, and they will pay the retirement pension to the social insurance administration bureau of the local labor administrative departments on a monthly basis. The retirement pension fund paid by enterprises is at the forefront of income tax payment.