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.

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.

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;

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;

(1) if the term of the labor contract is not full, it does not conform to the tenth provision.

(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.

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.

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.

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.

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.

After the retirees are retired, the social insurance institution determines the pension standard according to the amount of the retirement pension and the length of the retirement pension, and will be paid monthly.

Twenty-first employees of private enterprises refer to the unemployment insurance system referring to the Provisional Regulations on unemployment insurance for workers in state-owned enterprises.

Twenty-second employees of private enterprises suffer from occupational injuries or occupational diseases. The wages are paid during the treatment period, and the necessary medical expenses are paid by enterprises.

Twenty-third employees of private enterprises are injured or not injured by work. Enterprises should give medical treatment for three to six months according to their working hours.

Twenty-fourth women workers in private enterprises are born according to the regulations on labor protection for women workers and relevant provisions.

The twenty-fifth operators of private enterprises should extract appropriate employee welfare funds from their profits and organize collective welfare undertakings for their employees.

The fifth chapter is labor safety and health.

The twenty-sixth private enterprises must carry out state regulations and standards concerning labor safety and health, adopt labor protection measures, improve labor conditions, establish safety production rules and regulations, ensure safety in production and health of workers and staff members, and accept supervision by labor administrative departments and supervision by trade union organizations.

The twenty-seventh operators are fully responsible for the safe production of enterprises.

The twenty-eighth production and operation sites and facilities of private enterprises should meet the requirements of the state. The safety and hygiene protection devices of all kinds of equipment must be complete, and the relevant technical conditions should conform to the national standards.

Twenty-ninth private enterprises engaged in mining, boilers, pressure vessels, lifting appliances and other dangerous production equipment design, manufacture, installation and maintenance operations, must be in accordance with the relevant provisions of the state, after obtaining the corresponding qualification certificate after examination, it can be reported to the industry and commerce administration department issued a business license.

The safety and health facilities for newly built private enterprises when they are designed, completed and put into operation shall be submitted to the labor administrative department for examination and acceptance. New equipment, new processes and new technologies should be organized for technical appraisal before they are put into production, and the local labor administrative departments shall be invited to participate.

The thirtieth private enterprises should correctly and effectively manage workers' work, carry out safety education and technical training, and make safety operation rules.

Private enterprises should have special personnel to conduct regular safety inspections on production sites and dangerous equipment, eliminate hidden dangers and correct violations.

The thirty-first private enterprises shall regularly conduct physical examinations and other measures that are conducive to the health of workers and workers engaged in toxic and harmful operations.

Enterprises shall, according to the requirements of labor production, issue workers' labor protection articles in accordance with the provisions of the state.

Enterprises should do well the labor protection work of female workers and underage workers (16~18 years old), and not arrange jobs that are not suitable for them.

A factory owner who has engaged in flammable, explosive and toxic or harmful operations must undergo safety training and be certified by the labor administrative department. The person without assessment can not be appointed as the factory (mine) chief.

Thirty-second workers in private enterprises should report to local labor administrative departments and trade union organizations in time for workers' casualties, acute poisoning, occupational diseases, boiler and pressure vessel equipment damage and serious non casualties accidents in mines, and accept their investigation and handling of accidents.

The thirty-third private enterprises should implement a daily working system of not more than eight hours, due to production.