Enterprise labor management rules and regulations
Enterprise labor management rules and regulations
Chapter 1 General Provisions
Article 1 In order to regulate the behavior of the enterprise and the workers, and to safeguard the lawful rights and interests of the enterprise and the workers on both sides, the regulations are formulated in accordance with the provisions of the labor law, the labor contract law, and its supporting laws and regulations, and in the light of the actual situation of the enterprise.
Article 2 These rules and regulations shall apply to the enterprise and all employees, who include managers, technicians and ordinary employees. For special positions of the workers otherwise provided for by its provisions.
Article 3: Employees shall enjoy the right to obtain labor remuneration, rest and vacation, labor safety and health protection, and social insurance and welfare, and at the same time shall fulfill their labor obligations to complete their work and abide by the rules and regulations of the enterprise and professional ethics.
Article 4: Enterprises have the obligations to pay their employees' labor remuneration, provide them with working and living conditions, and protect their legitimate labor rights and interests, and at the same time enjoy the right to make decisions on production and management, labor and personnel management, distribution of wages and bonuses, and the right to formulate rules and regulations in accordance with the law.
Article 5: Enterprises shall establish a normal wage adjustment mechanism, gradually improve and enhance the welfare benefits for employees, and improve the accommodation and working conditions for employees.
Chapter II: Labor and Employment System of Enterprises
Section I: Recruitment, Training and Education of Employees
Article 6: Employees applying for positions in an enterprise shall generally be 18 years of age or older (and must be 16 years of age or older), and shall be in possession of a resident's identity card or other legal documents.
Article 7 When applying for a position in an enterprise, an employee must truthfully and correctly fill out the Registration Form for Applicants for Employment, and may not fill out any false content.
Article 8: The resident's identity card, employment referral letter, vocational qualification certificate, academic certificate, unemployment certificate or certificate of termination of contract, etc. provided by an employee when applying for a job must be his/her own true documents, and he/she may not borrow or forge them to deceive the enterprise.
Enterprises shall not charge deposits for the recruitment of workers, ask for guarantees or collect property from workers on other pretexts, or withhold documents such as identity cards, temporary residence permits, graduation certificates and vocational qualification certificates.
Article 9: Enterprises shall strengthen the training and education of their employees, implement pre-vocational training, vocational education or on-the-job training and education in accordance with the quality of the employees and the requirements of their positions, and cultivate in their employees a sense of pride in their profession and a sense of professional ethics.
Article 10 of the enterprise to provide special training funds to send employees to professional and technical training involves matters related to the labor contract or training agreement separately agreed.
Section II of the labor contract management
Article 11 of the enterprise recruitment of workers to implement the labor contract system, within one month from the date of recruitment of workers to sign a labor contract, labor contracts signed by both parties. Enterprises shall establish an employee roster for inspection.
Article 12 of the labor contract must be signed by the employee himself, the enterprise's legal representative (or legal representative authorized in writing), and stamped with the official seal of the enterprise to take effect.
Article 13 The labor relationship is established from the date of employment, and the labor contract is established and comes into effect when it is signed and sealed by both parties.
Article 14: Enterprises shall implement a probationary period system for newly recruited workers, and shall set the probationary period according to the duration of the labor contract: if the contract term is less than three months, there shall be no probationary period; if the contract term is three months or less than one year, there shall be a probationary period of one month; if the contract term is one year or less than three years, there shall be a probationary period of two months; and if the contract term is three years or more, the probationary period shall be no more than six months. The probationary period is included in the term of the labor contract.
Article 15: An enterprise and an employee may, by consensus, conclude an open-term labor contract. In any of the following cases, where the employee proposes or agrees to renew or conclude an employment contract, the enterprise and the employee shall conclude an open-term employment contract, except where the employee proposes to conclude a fixed-term employment contract:
(1) where the employee has worked continuously in the enterprise for a full ten years;
(2) where the employee concludes a second consecutive fixed-term employment contract and the employee does not have a fixed-term employment contract as provided for in Articles 39 and 40, paragraph 1 and paragraph 2, of the Employment Contracts Law. Article 40 (1) and (2) of the Labor Contract Law, and the labor contract is renewed.
(3) If an enterprise does not conclude a written labor contract with an employee for one year from the date of employment, it shall be deemed to have concluded an open-term labor contract with the employee.
Article 16: An enterprise and an employee may terminate a labor contract by consensus; if the enterprise proposes to terminate the labor contract, it shall pay the employee economic compensation in accordance with the law; if the employee proposes to terminate the labor contract, it shall not pay the employee economic compensation.
The two parties may change the contents of the labor contract by consensus, including the duration of the contract, the work position, and the labor remuneration.
Article 17 An enterprise may terminate an employment contract if a worker is guilty of any of the following circumstances:
(1) proved to be incompatible with the conditions of employment during the probationary period;
(2) serious violation of the work system formulated by the enterprise in accordance with the law and made known to the public;
(3) serious dereliction of duty and malpractice for personal gain, which may cause significant damage to the interests of the enterprise;
(4) If the worker simultaneously establishes labor relations with other employers, which seriously affects the accomplishment of the work tasks of the unit, or if the worker refuses to rectify the situation upon the proposal of the employer;
(5) If he or she is being investigated for criminal responsibility according to the law;
(6) In other cases stipulated by the laws, regulations, and rules.
Enterprises that terminate labor contracts in accordance with the provisions of this article shall not pay economic compensation to employees.
Article 18: In any of the following cases, an enterprise may terminate a labor contract by giving 30 days' written notice to the employee:
(1) if the employee is ill or injured not due to work, and after the expiration of the medical treatment period, the employee is unable to engage in the original work, or in a suitable job that has been arranged by the enterprise;
(2) if the employee is unable to perform the work, and after training or adjusting the job, the employee still (3) If there is a significant change in the objective situation on which the labor contract was concluded, making it impossible to perform the original labor contract, and no agreement can be reached on changing the content of the labor contract after consultation.
Enterprises that terminate an employment contract in accordance with the provisions of this Article shall pay the employee economic compensation in accordance with the law.
Article 19: In any of the following cases, where there is a need to reduce the number of employees by more than 20, or where the reduction is less than 20 but accounts for more than 10% of the total number of employees of the enterprise, the enterprise shall explain the situation to the labor union or all the employees 30 days in advance, and after listening to the opinions of the labor union or the employees, and the plan for the reduction of the number of employees shall be reported to the administrative department for labor administration, and then the employees may be reduced:
(1) When reorganization is carried out in accordance with the provisions of the Law on Bankruptcy of the Enterprise (1) Reorganization in accordance with the provisions of the Law on Bankruptcy of Enterprises;
(2) Serious difficulties in production and operation;
(3) Reorganization of the enterprise, major technological innovation or adjustment of the mode of business operation, and the need to lay off personnel after changing the labor contract;
(4) Other significant changes in the objective economic situation based on the conclusion of the labor contract, rendering it impossible to fulfill the labor contract.
When reducing the number of employees, priority shall be given to retaining the following persons:
(1) those who have entered into fixed-term labor contracts of a longer term with the enterprise;
(2) those who have entered into non-fixed-term labor contracts with the enterprise;
(3) those who do not have any other employed persons in their families, and those who have elderly people or minors who need to be supported.
Enterprises that terminate labor contracts in accordance with this Article shall pay the employees economic compensation in accordance with the law.
Article 20: An enterprise shall not terminate an employment contract in accordance with the provisions of Articles 17 and 18 of these Regulations if the employee is in one of the following situations; upon expiration of the employment contract, the employment contract shall be renewed and terminated upon the disappearance of the corresponding situation:
(1) if the worker engaged in the operation of exposure to occupational disease hazards has failed to undergo a pre-departure occupational health examination or if the patient is suspected of suffering from an occupational disease during the diagnosis or medical observation;
(1) workers suffering from occupational diseases or work-related injuries are recognized to have completely lost or partially lost their labor capacity;
(2) workers suffering from diseases or work-related injuries are in the stipulated medical treatment period;
(3) female workers are in the period of pregnancy, maternity or breastfeeding;
(4) workers have worked for fifteen years continuously in the enterprise and are less than five years away from the legal retirement age;
(5) workers have been working for more than fifteen years continuously in the enterprise and are less than five years away from the legal retirement age is less than five years;
(5) other cases stipulated by laws, rules and regulations.
Article 21 If an enterprise has any of the following circumstances, the employee may terminate the labor contract at any time by notice:
(1) failure to provide labor protection or labor conditions as agreed in the labor contract;
(2) failure to pay labor remuneration in full and on time;
(3) failure to pay social insurance premiums for the employee in accordance with law;
(4) the enterprise's rules and regulations violating laws and regulations;
(5) the enterprise's rules and regulations violating laws and regulations. regulations are in violation of laws and regulations and are detrimental to the rights and interests of workers;
(5) the labor contract is invalid due to the circumstances stipulated in the first paragraph of Article 26 of the Labor Contract Law;
(6) other circumstances stipulated by laws and administrative regulations under which the worker may terminate the labor contract.
If an enterprise forces a worker to work by violence, threat, or unlawful restriction of personal freedom, or if the enterprise directs or orders risky work in violation of regulations, endangering the worker's personal safety, the worker may terminate the labor contract immediately without prior notice to the enterprise.
When an employee terminates a labor contract in accordance with the provisions of this Article, the enterprise shall pay the employee economic compensation in accordance with the law.
Article 22 An employee may terminate an employment contract by giving 30 days' written notice to the enterprise in advance. During the probationary period, the employee may terminate the labor contract by giving 3 days' notice to the enterprise.
If an employee knows the commercial secrets of the enterprise, the labor contract or the confidentiality agreement has an agreement on the advance notice period, the agreement shall apply.
The enterprise shall not pay economic compensation to an employee who terminates an employment contract in accordance with the provisions of this Article.
Article 23: The labor contract shall be terminated in any of the following cases:
(1) the expiration of the term of the labor contract;
(2) the employee begins to enjoy the basic pension insurance benefits in accordance with the law;
(3) the death of the employee or his/her death or disappearance is declared by the people's court;
(4) the enterprise is declared bankrupt in accordance with the law;
(5) the enterprise is revoked its business license, ordered to close down, revoked, or the enterprise decides to dissolve early;
(6) other cases stipulated by laws and administrative regulations.
In which, except for the case where the enterprise maintains or improves the agreed conditions for renewal of the labor contract, and the employee does not agree to the renewal, the termination of a fixed-term labor contract; the enterprise is declared bankrupt by law; the enterprise is revoked its business license, ordered to close down, or withdrawn or the enterprise decides to dissolve prematurely; and the enterprise shall pay the economic indemnity in accordance with the law.
Article 24 If an enterprise terminates or terminates a labor contract in violation of the regulations, it shall pay compensation to the employee in accordance with two times the economic compensation standard stipulated in Article 47 of the Labor Contract Law.
Article 25 Enterprises shall issue a certificate of termination of the labor contract at the time of termination, and shall handle the transfer of files and social insurance relations for the employee within 15 days.
The employee shall, in accordance with the agreement of both parties, handle the handover of work. If the enterprise pays economic compensation to the employee in accordance with the relevant provisions, it shall be paid upon completion of the work handover.
Article 26 of the economic compensation according to the employee's years of service in the organization, every year 1 month's salary is paid to the employee. 6 months more than less than 1 year, calculated on the basis of 1 year; less than 6 months, the employee is paid half a month's salary of economic compensation.
Section 3: Working Hours and Rest and Vacation
Article 27: Enterprises shall implement an eight-hour working day, and for employees in special positions, an irregular or comprehensive time-keeping working day shall be implemented.
Article 28 Normal daily working hours for employees are: 08:00 a.m. - 12:00 p.m. and 14:00 p.m. - 18:00 p.m.
Article 29 Enterprises may, in accordance with the needs of production and operation and after consultation with the employees, extend the working hours of the day in accordance with law but in accordance with state regulations.
Article 30 Other rest and vacation shall be implemented in accordance with state regulations.
Section IV Wages and Benefits
Article 31 The basic wage of an employee shall not be less than the minimum wage.
Basic wages are the wage remuneration to which employees are entitled for the completion of legal working hours.
Article 32 Enterprises implement hourly and piece-rate wages, in addition to overtime wages, bonuses, allowances and subsidies. Hourly wages and piece-rate wages are based on the agreement in the labor contract or the agreement on unit price.
Article 33 If overtime work is arranged for an employee, the enterprise shall pay overtime wages in accordance with the relevant state regulations.
Arranging for employees to work overtime on rest days, an enterprise may arrange for employees to take compensatory time off without paying overtime wages.
Article 34: If an enterprise pays wages in cash or commissions a bank to pay wages on behalf of the employee, the enterprise shall provide the employee with a list of his or her own wages (in duplicate) at the time of payment of wages, and the employee shall sign the list of wages when he or she receives his or her wages.
Article 35: Enterprises shall pay wages in full in monetary terms to employees on a monthly basis; the wages for the current month shall be paid before the 15th day of the following month; in the event of the termination of a labor contract in accordance with the law, the wages of the employee shall be paid in full in a lump sum within five days after the termination of the labor contract.
Article 36: If the suspension of work, production or business is not caused by the employee, and the time is within one wage payment cycle, the enterprise shall pay wages in accordance with the wage standard stipulated by the state or agreed in the labor contract; if the suspension of work, production or business is longer than one wage payment cycle, and the employee has not provided normal labor, the enterprise shall pay wages in accordance with the standard of not less than the minimum cost of living; and if the employee has provided normal labor. enterprise pays wages in accordance with no less than the minimum wage standard.
Article 37: If an enterprise suffers economic loss due to an employee, the enterprise may require the employee to make compensation or impose an economic penalty on the employee in accordance with the rules and regulations of the enterprise, which may be deducted from the employee's salary for the month.
Financial penalties and compensation may be carried out simultaneously, but the total amount deducted per month shall not exceed 20% of the employee's basic salary, and the balance of the salary after deduction shall not be less than the minimum wage.
Article 38 In any of the following cases, an enterprise may deduct or reduce an employee's wages without deducting wages:
(1) withholding and paying social insurance premiums personally borne by the employee;
(2) deducting expenses compensated to the enterprise in accordance with the law;
(3) deducting the employee's violation of rules and regulations and the economic penalties imposed by the enterprise;
(4) Wages or expenses that can be deducted as stipulated by laws, regulations and rules.
Section V Social Insurance
Article 39 Enterprises shall, in accordance with government regulations, carry out various social insurances for their employees, such as old-age insurance, medical insurance, unemployment insurance, work injury insurance, and maternity insurance.
Payment of all social insurance premiums shall be borne by enterprises and individuals respectively in accordance with the law.
Chapter III: Labor Discipline System for Employees
Section I: Labor Discipline and Employee Code
Article 40: Employees must comply with the following attendance and resignation system:
(1) They must go to work on time and leave work on time, and may not be late or leave early;
(2) They must punch the card themselves, and may not delegate the card to another person or punch the card on his/her behalf;
(3) out on business, omission, wrong punch and other special reasons for failure to punch the card, must be signed by the department manager or supervisor card can be valid;
(4) something, sick must be to the department manager or supervisor of the leave of absence, shall not be absent from work;
(5) leave must be filled out in advance, "leave form" reported to the department manager or supervisor for approval, and attach the relevant certificates (sick leave should be a doctor's certificate), in the In the case of last resort, the leave should be taken by telephone, telegram or entrusted to others earlier, and the leave formalities should be made up as early as possible after work;
(6) If a person is late for work or leaves early for more than 30 minutes, he should go through the leave formalities, or else be punished as an absentee;
(7) Those who are not at work without fulfillment of the procedures of taking leave, renewing leave or making up leave are punished as an absentee;
(8) If an employee asks to terminate the labor contract, he should give a month's advance notice to the department manager or supervisor, and the leave should be taken in advance. If the employee wants to terminate the labor contract, he/she should submit the Notice of Termination of Labor Contract to the department manager or supervisor one month in advance;
(9) If the employee terminates the labor contract, he/she should go through the handover procedures in a timely manner.
Article 41 Employees must abide by the following work rules and professional ethics:
(1) Entering or staying in the factory area, they must wear factory tags and work clothes in accordance with the regulations;
(2) Dedicated to their work, work diligently, and submit to the enterprise's lawful and reasonable normal transfers and work arrangements;
(3) Strictly abide by the enterprise's rules and regulations, safety production operating procedures and job responsibility system;
(4) during the work period, be loyal to their duties, do not be passive, do not do private work, do not crosstalk, do not eat snacks, do not fool around and play, etc., and do their duty to do their job;
(5) usually develop good and healthy hygiene habits, do not spit, do not throw cigarettes and sundries, and keep the enterprise's environmental hygiene and cleanliness;
(6) Care for public property, careful use of enterprise machinery and equipment, tools, materials, shall not steal, embezzlement or intentional damage to enterprise property;
(7) advocate income and expenditure, open source and reduce expenditure, save water, electricity, gas, is strictly prohibited from wasting public property and public property for private use;
(8) improve interpersonal relations within the enterprise, unity and love, shall not be unreasonably aggressive, fights, rumor mongering;
(9) Care for the enterprise, maintain the image of the enterprise, and dare to fight against behaviors detrimental to the image and interests of the enterprise.
(10) Start working as soon as the working time arrives, and do not stay after work without special business;
(11) Abide by the enterprise's confidentiality system, and do not disclose the enterprise's commercial secrets.
Article 42: Employees must abide by the following safety rules and operating procedures:
(1) Production supervisors and foremen must do a good job in the maintenance and repair of machinery and equipment and pre-use inspection, and ensure that the machinery and equipment can be used safely before they are put into use;
(2) When operating the machinery and equipment, they must strictly abide by the technical operating procedures to ensure the quality of the products, to maintain the safety of the equipment and to safeguard personal safety;
(3) When operating the machinery and equipment, they must strictly abide by the technical operating procedures, to ensure the quality of the products, to maintain the safety of the equipment and to safeguard personal safety. safety and personal safety;
(3) equipment use, such as the discovery of abnormalities, the operator should promptly inform the director of the workshop and the relevant technical personnel to deal with, not to operate blindly without authorization;
(4) found that directly endangering the safety of the person's emergency situation, we must immediately take emergency measures, and promptly report the situation to the foreman, the head of the department or the manager of the department;
(5) The fire escape routes of workplaces and warehouses must always be kept free, and no objects shall be placed therein;
(6) The fire-fighting equipments, sanitary equipments, and other hazard-preventing equipments shall not be moved, withdrawn, or diminished in their effectiveness at will;
(7) Maintenance of the machines, electrical appliances, and wires must be turned off or switched off, and the relevant technicians or electricians shall be Responsible for the operation;
(8) non-mechanical equipment operators, shall not operate mechanical equipment at will;
(9) dangerous goods must be placed in a safe place according to the regulations, and shall not be placed at random;
(10) smoking is strictly prohibited in the workshop and the warehouse, and smoking should be in the designated place, and pay full attention to the smoke and fire.
(11) It is strictly prohibited to bring flammable and explosive, toxic and hazardous dangerous goods into the enterprise;
(12) At the end of the day, we should organize the machinery, appliances, materials and documents, etc., to confirm the safety of the fire, electricity and gas, close the doors and windows, and lock the doors.
Section II Rewards and Financial Penalties
Article 43 In order to enhance the sense of responsibility of the workers, mobilize the enthusiasm and creativity of the workers, and improve the labor productivity and work efficiency, the enterprise implements a reward system for the workers who have excellent performance and outstanding achievements.
Rewards are divided into three kinds: commendation, promotion and bonus.
Article 44: Employees who have good conduct, work hard, are loyal to their duties, abide by rules and regulations, care for the enterprise, obey the arrangements, and become role models for the employees, shall be given commendation.
Article 45 of the following traits of one of the workers, in addition to giving commendation, another promotion, bonuses and rewards:
(1) production technology or management system, put forward a specific plan, the implementation of which is really effective, can improve the economic efficiency of the enterprise, and make a greater contribution to the enterprise;
(2) saving materials, or the utilization of waste material is effective, and improve the economic efficiency of the enterprise, and make a greater contribution to the enterprise;
(2) saving materials, or waste material utilization is effective, and improve the economic efficiency of the enterprise, and make a greater contribution to the enterprise. (2) saving materials, or the utilization of waste materials is effective, can improve the economic efficiency of the enterprise, contribute to the enterprise;
(3) in the event of a disaster, the courage to take responsibility, defiant, proper disposal, rescue, so that the interests of the enterprise to avoid major losses;
(4) dare to fight with bad people, bad things, report the damage to the interests of the enterprise, so that the enterprise to avoid major losses;
(5) other should be given to the reward.
Article 46 In order to maintain normal production and working order and to take factory rules and discipline seriously, the enterprise implements a punishment system for workers who violate discipline and perform poorly.
The penalties are divided into four types: verbal criticism and education, written admonition, compensation for economic losses, and termination of the labor contract.
Article 47: If any of the following circumstances are found to be true, the employee shall be verbally criticized and educated for the first time, and if the criticism and education are ineffective, the employee shall be admonished in writing once each time after the second time and shall be financially punished from 5 to 20 Yuan:
(1) entrusting others to punch the clock or punching the clock in the place of others;
(2) frequently arriving late or leaving early (for more than 10 minutes each time) without any justifiable reason;
(3) frequently arriving late or leaving early (for more than 10 minutes each time) without a justifiable reason;<
(3) AWOL or crosstalking
(4) Negative idleness, doing personal work at work;
(5) Non-operator of mechanical equipment, operating mechanical equipment at will;
(6) Bringing outsiders to stay in the production plant without authorization;
(7) Bringing dangerous goods into the plant;
(8) Smoking in the no-smoking area;
(9) Carrying items in and out of the plant in violation of the enterprise's regulations;
(10) Having other circumstances comparable to those mentioned above.
Article 48: If any of the following circumstances is found to be true, the employee shall be verbally criticized and educated for the first time; if the criticism and education are ineffective, the employee shall be admonished in writing once each time after the second time and financially punished from RMB 20 to 50 yuan; if he/she violates the regulations more than three times in a month or more than six times in a year, he/she shall be dismissed from his/her labor contract:
(1) unreasonably causing trouble and fights, and affecting the order of enterprise's production and the order of workers' life;
(2) taking advantage of the convenience of work or position to accept bribes to the detriment of the interests of the enterprise;
(3) playing cards or chess during working hours;
(4) giving internal documents and account books to people outside the enterprise to read;
(5) connecting electricity privately to the dormitory, or using an electric stove or a gas cooker;
(6) There are other circumstances comparable to those mentioned above.
Article 49: If an employee is found guilty of any of the following circumstances and criticism and education are ineffective, the labor contract shall be terminated:
(1) being absent from work for more than 15 consecutive days, or for a total of more than 30 days in a year;
(2) providing false certificates related to the employment or proof of the status of the labor relationship to trick the enterprise into accepting employment;
(3) violating operating rules and regulations;
Any other circumstances equivalent to those mentioned above. p>(3) Damaging machines, equipment and tools, wasting raw materials in violation of operating procedures, causing an economic loss of more than 1,000 yuan;
(4) Stealing, embezzling, misappropriating, or intentionally damaging the enterprise's belongings, resulting in an economic loss of more than 1,000 yuan;
(5) Violating the confidentiality system of the enterprise, divulging the enterprise's commercial secrets, causing an economic loss of 1,000 yuan (6) There are other circumstances comparable to those mentioned above.
Any other circumstances comparable to those mentioned above.
Article 50: If an employee violates the rules and discipline and causes economic loss to the enterprise, in addition to the prescribed punishment, the employee shall also compensate for the corresponding economic loss.
Article 51 of the employee's disciplinary treatment, by the disciplinary employee's workshop director in accordance with the relevant provisions of these rules and regulations to put forward a written opinion, and submitted to the personnel department, and then submitted to the general manager's office by the personnel department for approval. After approval, the personnel department will send a decision letter to the disciplined employee, and the decision must include the facts of the employee's disciplinary offense, evidence of the offense, reasons for the treatment, basis for the treatment, and the results of the treatment and other five elements. The whole process shall not exceed 30 days.
Article 52 If an employee is dissatisfied with the enterprise's handling of the matter, the employee may apply for mediation, arbitration, or file a lawsuit in accordance with the law.
Chapter IV Confidentiality System and Non-competition
Article 53 In order to safeguard the interests of the enterprise and protect the commercial secrets of the enterprise, this confidentiality system is hereby formulated, and all the employees of the enterprise must strictly abide by it.
Article 54 of the provisions of the commercial secrets referred to in this refers to not known to the public, can bring economic benefits to the enterprise, has the utility and by the enterprise to take measures of confidentiality of the technical information and business information, as well as the enterprise in accordance with the provisions of the law or the relevant agreement, the confidentiality of the external obligations of the matter.
Article 55 of the technical information that may become business secrets of the enterprise includes technical programs, engineering designs, manufacturing methods, formulas, processes, technical indicators, computer software, experimental data, experimental results, drawings, samples, models, molds, technical documents, operation manuals and so on.
Article 56 of the business information that may become a trade secret includes customer lists, customer orders, marketing plans, procurement information, financial information, purchase channels, production and marketing strategies, business objectives, business projects, management know-how, source of information, internal documents, minutes of meetings, economic contracts, cooperation agreements and so on.
Article 57 strictly abide by the enterprise secret documents, information, files, registration, borrowing and confidentiality system, secret documents should be stored in the confidentiality of the facilities of the filing cabinets, borrowing secret documents, information, files must be approved by the general manager or the director of the office; shall not be in the public *** place to talk about the enterprise secret matters and the handover of secret documents.
Article 58 of the secret documents, information, files shall not be privately copied, excerpts and outgoing. When photocopying is required for work, it shall be approved by the general manager or office director according to the relevant regulations.
Article 59 of the transfer or separation of employees, must be their own custody of secret documents, information, files or other things, in accordance with the provisions of the transfer to the general manager of the enterprise or the director of the office, shall not be arbitrarily handed over to other personnel.
Article 60 of the enterprise according to the actual situation and the need to know or may know the enterprise's commercial secrets of the workers signed a separate "confidentiality agreement", the agreement includes confidentiality of the content, scope, rights, obligations, duration, confidentiality fee and breach of contract and other matters.
Article 61 without the consent of the enterprise, the employees shall not operate their own business or business of the same kind as the enterprise for others during their employment.
Article 62: In accordance with the actual situation and needs, an enterprise shall sign a separate Non-competition Agreement with an employee who knows or is likely to know the commercial secrets of the enterprise, agreeing that the employee shall not be employed in other enterprises producing similar and competitive products for a certain period of time after leaving the enterprise, and that the enterprise shall pay to the employee a certain amount of compensation on a monthly basis.
The specific scope of the enterprise producing similar and competitive products, the non-competition period, the compensation for non-competition and the liability for breach of contract shall be agreed in accordance with the Non-competition Agreement. The maximum duration of the non-competition period shall not exceed two years, the compensation for non-competition shall be calculated on an annual basis as 1/2 of the total amount of remuneration received from the enterprise in the year before the employee leaves the enterprise and paid monthly, and the penalty for breach of contract by the employee shall be two times of the amount of compensation.
Chapter V Supplementary Provisions
Article 63 This system is the materialization of the provisions of the labor laws, rules and regulations, and in case of conflict between these provisions and the existing labor laws, rules and regulations, the provisions of the existing labor laws, rules and regulations shall prevail.
Article 64 In case of conflict between this system and the labor contract, the labor contract shall prevail.
Article 65 This system shall be supplemented or updated by means of circulars when it is not completed or when it is updated by laws and regulations.
Article 66 This system has been discussed by the staff congress (or all staff) and determined after consultation with the labor union, and announced to all staff.
The Company issues this manual to each employee, and the employee signs it as proof that it has been made public to the employee.
Article 67 This system shall come into effect on the day of January.
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