Chapter I General Provisions Article 1 According to the "People's Republic of China *** and the State Labor Contract Law", "Measures for the Implementation of the Administrative License for Labor Dispatch" and related laws, rules, regulations and policies, in order to strengthen the management of the company's dispatched employees and to safeguard the dispatched employees' interests, better serve the commissioned dispatch unit, to establish a harmonious relationship between the labor and employment, so that the legalization of labor dispatch work, standardization and institutionalization, this system is hereby formulated.
Article 2 The company referred to in this system is ******** Limited (hereinafter referred to as "the company"); the employing unit refers to the unit that enters into a written Labor Dispatch Agreement with the company, entrusts the company to dispatch employees to provide labor and pays the company the management fee for the labor service.
Article 3 The dispatched employees referred to in this system means the employees who have established labor relations with the Company, signed the labor contract, and are managed by the Company in terms of personnel relations, employee records, remuneration and benefits, payment of social insurance premiums, and are subject to the Company's dispatch to the designated employing unit to perform the corresponding work.
Article 4 This system applies to the Company and its subsidiaries, holding subsidiaries, and shareholding subsidiaries with actual control.
The personnel to whom these measures apply are all the dispatched personnel dispatched by the employer to the labor-using unit.
Chapter II Recruitment and Employment Article 5 Recruitment Principles 1. Adhere to the principle of social orientation and fair competition; 2. Adhere to the principle of comprehensive assessment and merit-based recruitment; 3. Adhere to the principle of supply and demand, two-way choice;
4. Adhere to the principle of unified recruitment and dispatch.
Article VI Recruitment conditions 1. have good moral character, good health, and be able to adapt to the needs of the work; 2. have the educational qualifications, specialties, technologies, skills, work experience and experience that are compatible with the requirements of the jobs in the employing units; 3. meet the other requirements of the jobs recruited by the company.
Article 7 The company is responsible for formulating the recruitment program and employment test, handling the recruitment and employment formalities, qualification examination and dispatching work in accordance with the requirements and standards of the employing units, and assisting the employing units in the registration of candidates and physical examination, etc. The company will also assist the employing units in the recruitment and physical examination.
Chapter III of the labor contract management Article 8 to enter into, change, renewal of labor contracts, shall follow the principle of equality and voluntariness, consensus, honesty and credit.
Article 9 The company is responsible for handling the formalities related to the labor contract of the employees, and the employer is responsible for the daily management of the employees.
Article X of the labor contract shall be concluded in writing, in duplicate, the company, the employee himself or herself, with the same legal effect. The model labor contract is printed by the company.
Article XI of the company shall, within one month from the date of employment, enter into a written labor contract with the employee.
Article 12 according to the company's production (work) needs, to determine with the employee to enter into a fixed-term labor contract for more than two years, Article 13 for the first time to accept the company's dispatch of the personnel, are to implement the probationary period system. The probationary period is included in the term of the labor contract. If the term of the labor contract is more than two years but less than three years, the probationary period shall not exceed two months; if the term of the labor contract is more than three years, the probationary period shall not exceed six months.
Article 14: The dispatched employees shall attend the induction training organized by the employer in accordance with the regulations of the employer, and shall be allowed to work only after meeting the conditions of the employer. The company assists the employer in training the dispatched employees in the safety and operation procedures necessary for the workplace.
Article 15 After the termination of the labor contract, if due to the company's production or business needs, by consensus between the company and the employee, the written labor contract can be renewed. Renewal of the labor contract period, job content, etc. by the company, the employee and the two sides to determine by separate negotiation.
Article XVI of the employee's voluntary resignation, should be 30 days in advance by the written application, reported to the company. After the company and the employer agreed to negotiate, before leaving the formalities.
Article 17 The company may terminate the labor contract at any time if the employee has one of the following circumstances, and pursue the relevant financial and legal responsibilities depending on the circumstances:
1. Violating the relevant state laws and administrative regulations, seriously affecting the social order, and being punished by the administrative and judicial departments or pursued for criminal responsibility; 2. Privately using the name of the employing unit to engage in a variety of production, business, financial activities If the employee privately uses the name of the employing organization to engage in various production, operation, financial activities and privately carries out a second career, which damages the reputation of the employing organization; 3. If the employee violates the operation rules and regulations due to his/her personal behaviors, which causes economic disputes, and is disclosed by the news media and has a social impact; 4. If he/she discloses the commercial secrets and important information of the employing organization (the Company has the right to prosecute the person who discloses the secrets and the other party); 5. If he/she is proved to be not in compliance with the conditions for employment during the probationary period; 6. Labor discipline or relevant rules and regulations; 7. Employees refuse to obey the employing unit job adjustment, work arrangements; 8. Continuous absenteeism days and above or annual total absenteeism more than days; 9. Embezzlement, misappropriation of public funds or theft of electricity, the use of power for personal gain;
10. Violation of the operating rules and regulations system, caused by the person, equipment, or power grid and other liable accidents (the accident standard in accordance with the state and the industry's relevant regulations); 11. The relevant provisions of the implementation); 11. without the consent of the company, and other employers to establish labor relations, the completion of the work of the work order has a serious impact on the work of the company, or proposed by the company, refused to correct; 12. there are other serious dereliction of duty, self-serving behavior, to the company or the employer to cause significant damage; 13. concealment of the true identity, qualifications, performance, or any other situation; 14. employees annual Failure to pass the performance appraisal; Article 18 of the following circumstances, the company 30 days in advance in writing to inform the worker himself or pay the worker an additional one month's salary, may terminate the labor contract:
1. Cannot perform the job, after training or adjusting the work position, is still unable to perform the job; 2. Due to illness or non-work-related injuries, the company can not be engaged in the original work after the expiration of the prescribed medical period, nor can they perform the work that is required by the employing unit. Cannot perform the original work, or can not perform the work arranged by the employer; 3. The labor contract is based on the conclusion of the objective situation has changed significantly, making it impossible to fulfill the labor contract, the company and the worker negotiation, failed to reach an agreement on changing the content of the labor contract.
Chapter IV Changes in Positions Article 19 The employer may change the positions and workplaces of dispatched employees according to the needs of the work in consensus with the company and with the consent of the dispatched employees themselves.
Article 20 The employing unit may adjust the positions of the employees between the same job sequence according to the production needs.
Chapter V Labor Discipline
Article 21 Employees shall consciously abide by the rules and regulations of the company and the employing unit.
Commuting to and from work in accordance with the prescribed time, not late, not leave early, and obey the work arrangements of the company or labor unit.
Article 22 of the employees in one of the following situations are treated as absenteeism:
1. not accepting or failing to complete the work task without a valid reason; 2. late for no reason, leave early, the cumulative number of times a month by the absenteeism of the day; 3. in the working hours without leave or leave without approval and leave the workplace; 4. not in accordance with the provisions of the leave procedure or leave procedures are not complete.
Chapter 6 Labor Compensation and Welfare Article 23 The company determines the method of wage distribution and the level of wages in accordance with the production and operation characteristics and economic benefits of the unit, with reference to the local labor market prices, but shall not be lower than the minimum wage standard in the place of fulfillment of the labor contract.
Article 24 The employee's wage during the probationary period shall be 80% of the contracted wage, but shall not be lower than the minimum wage standard of the place where the labor contract is performed.
Article 25 The company pays the employee's labor remuneration on a monthly basis. During the period when the company does not arrange jobs for the dispatched employees, the company pays the dispatched employees monthly remuneration in accordance with the minimum wage standard stipulated by the people's government of the place where the company is located.
Article 26: During the period of labor dispatch, the company implements monthly and annual performance appraisal for the dispatched employees. Monthly assessment to complete a certain amount of work and attendance, the assessment results are linked to the month's labor compensation; annual assessment is mainly based on the individual's ability to work, work contribution, work performance, attendance, years of experience in the assessment, the results of the assessment and the annual adjustment of labor compensation is linked. Specific assessment methods are formulated according to the different work nature of each position.
Article 27 of the dispatched employees wages, paid by the company in accordance with the provisions of the wage payment time
for the next month before the twenty-eighth day, such as holidays can be postponed.
Article 28 of the employee absenteeism or other violations of law and discipline, the company in accordance with the law and the relevant provisions of the unit deduction of wages and salaries.
Article 29 of the company and the labor unit in accordance with national policies for employees to provide appropriate welfare benefits and the issuance of labor insurance products.
Article 30 The wage rate of dispatched employees during the medical period and the wage rate of female personnel during pregnancy, maternity and breastfeeding shall be implemented in accordance with the relevant laws and regulations of the state and local governments.
Chapter VII Social Insurance Management Article 31 The company implements the state regulations on social insurance and pays all kinds of insurance for the employees according to the law.
Article 32 The base of social insurance contribution shall be implemented according to the regulations of the local social security organization, but it shall not be lower than the local minimum contribution base. The part paid by the dispatched employees individually shall be withheld and paid by the company on behalf of the employees.
Article 33 If a dispatched employee is injured at work during the period of dispatch, the employer shall immediately notify the employer by phone or in writing within 24 hours of the incident, and promptly send the injured dispatched employee to a hospital for treatment of work-related injuries.
Article 34: The company shall be responsible for the application for the recognition of work injury and the application for the appraisal of disability grade of the dispatched staff. The treatment of work-related injuries of dispatched employees shall be handled appropriately by the employer in collaboration with the employing organization on its own initiative and *** with in accordance with the relevant state policies.
Article 35 After the expiration of the contract term of the dispatched employees, the company shall be responsible for the transfer of social insurance relations and other procedures, and the dispatched employees shall actively assist.
Chapter VIII Working Hours and Rest and Vacation
Article 36: Employees are subject to the working hours standards stipulated by the state. Due to the production characteristics, special needs of the work or the scope of duties, can not be measured in accordance with the standard working hours or the need for mobile operation, the adoption of irregular working hours. Where the nature of the work requires continuous operation, a comprehensive system of calculating working hours shall be adopted. Employees who work under the irregular or comprehensive working hour system shall arrange their own working and rest time.
Article 37 If overtime work is required due to production (work) needs, the employer shall determine the overtime work according to the overtime work approval procedure after consultation with the employees. In case of overtime work, the company or the employing unit shall arrange for the dispatched employees to take a break, and if it is not possible to arrange for a break, overtime compensation shall be paid in accordance with the provisions of the Labor Law.
Article 38 The company shall be responsible for the implementation of the attendance of dispatched employees.
Attendance of the dispatched staff includes: attendance, sick leave, lateness, early departure, absenteeism and other items.
Article 39: Dispatched personnel shall strictly implement the Company's attendance system, and arrive at work on time to complete the relevant work tasks. Article 40: Dispatched employees shall enjoy the statutory holidays stipulated by the state in accordance with the law. Employing units due to work needs, according to the relevant provisions of the state may arrange for their overtime and shift. After overtime and shift work by the employing unit or company to arrange time off, can not arrange time off, according to the provisions of the corresponding overtime pay.
Chapter IX Performance Management Article 41 In order to establish an effective incentive and constraint mechanism, fully mobilize the enthusiasm and creativity of the employees, and improve the performance of the employees and the company, the implementation of performance appraisal of employees.
Article 42 performance appraisal is divided into probationary period assessment, monthly (quarterly) assessment, annual assessment and special assessment.
Article 43 of the labor unit is responsible for mastering the implementation of personal performance plan and daily management of employees, monthly (quarterly) by the labor unit in accordance with the provisions of the performance appraisal of the employees in the work ability, work attitude, work performance and other aspects of the comprehensive and objective assessment, in accordance with the relevant provisions of the unit to give the appropriate rewards and penalties, and reported to the company for the record.
Article 44 performance appraisal grade is divided into A (excellent), B (good), C (general), D (with gap), E (unqualified).
Article 45 The results of performance appraisal shall be used as the basis for the management of employee labor relations, training and development, payment of performance salary, post adjustment, evaluation of excellence, appraisal of titles, position promotion, termination of employment, and so on.
Chapter IX Vocational Skills Identification Article 46 In order to strengthen the construction of the enterprise's workforce, promote the development of vocational skills, improve the quality of employees, the company organizes the dispatched employees to carry out vocational skills appraisal. The materials required for the appraisal shall be collected by the company or by the employing unit entrusted by the company.
Article 47 of the vocational skills appraisal strictly implement the relevant policies and regulations formulated by the higher authorities, adhere to the principle of objectivity and impartiality, and carry out the work in a standardized and orderly manner.
Article 48 The vocational skill level is divided into five grades: junior laborer, intermediate laborer, senior laborer, technician and senior technician.
Article 49 of the vocational qualification certificates as an important basis for the promotion of dispatched employees, and closely integrated with the wage level, etc., the standards are implemented in accordance with the relevant provisions of the employing organization.
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