Qingdao Interim Measures for the Management of Chinese Cadres in Foreign-Invested Enterprises

Chapter I General Provisions Article 1 In order to strengthen the city's Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures and foreign-funded enterprises (hereinafter referred to as foreign-invested enterprises) of the management of the Chinese cadres, to protect the autonomy of the foreign-invested enterprises, according to the "State Council on the encouragement of foreign investment in the provisions of the State Council" and the relevant provisions of the city's actual situation, the formulation of these measures. Article 2 The Chinese cadres referred to in these Measures refer to those who have the status of national cadres and work in foreign-invested enterprises. Chapter II Appointment and Recruitment Article 3 The Chinese cadres serving as chairman, vice-chairman and director of a foreign-invested enterprise shall be appointed by the Chinese joint venture or partner; if the contract stipulates that the Chinese cadres shall serve as the general manager, vice-general manager, chief engineer, chief accountant and auditor, they shall be appointed by the board of directors after the Chinese joint venture or partner recommends the candidates. Article 4 The senior management and technical personnel appointed or recommended by the Chinese party as listed in the preceding Article shall have the following conditions:

(1) adherence to the four basic principles and familiarity with the relevant foreign-related economic laws, regulations and policies of the State;

(2) familiarity with the production and technical business of the industry and good at operation and management;

(3) honesty, integrity and uprightness, and good at adhering to the principles and at cooperating with foreigners in *** matters. and foreign cooperation **** things.

Senior management and technical personnel of large and medium-sized enterprises, in addition to the conditions listed in the preceding paragraph, should also have a college degree or above. Article 5 Foreign-invested enterprises in the city to recruit Chinese cadres, shall not be recruited to participate in national, provincial or municipal key projects, scientific research projects have not yet been completed and no replacement, as well as the state provides that other cadres are not suitable for work in foreign-invested enterprises. Article 6 The recruitment of Chinese cadres by foreign-invested enterprises shall formulate the recruitment brief and the standard text of the employment contract, and shall be recruited on the basis of merit through open recruitment with the consent of the Talent Exchange Service Center of the enterprise's city or county (city or district). The employed cadres shall be supported by their organizations and allowed to move. In the event of a dispute, the enterprise and the relevant departments to negotiate a solution. If the negotiation fails, the talent exchange service center where the enterprise is located shall adjudicate.

Foreign-invested enterprises employing serving cadres, under the same conditions, shall give priority to the employment of joint ventures, cooperation of the original personnel of the Chinese enterprises. Article VII foreign-invested enterprises to employ Chinese cadres and the state unified allocation of fresh graduate students or college graduates, by the enterprise's city, county (city, district) talent exchange service centers and the relevant departments to coordinate the solution; Sino-foreign equity joint ventures, co-operative enterprises to employ the state unified allocation of fresh graduates of graduate students or college graduates, by the competent department of the enterprise with the coordination of the relevant departments to solve the problem. Article 8 When a foreign-invested enterprise borrows and employs in-service cadres in the city, it shall sign a contract with the unit to which the borrowed person belongs on the basis of the principle of mutual benefit in respect of labor remuneration, welfare benefits, compensation fee standard, and the time of borrowing and employing. Article 9 Foreign-invested enterprises in need of Chinese cadres, the city can not meet the needs of the Personnel Bureau where the enterprise is located with the assistance of recruitment outside the administrative area of the city. Article 10 Sino-foreign joint ventures, cooperative enterprises in the form of transfer of Chinese cadres employed in the form of transfer, from the central and provincial units in Qingdao, where the recruitment of the enterprise's city, county (city, district) Personnel Bureau to assist in the transfer formalities; from the municipal units recruited from the competent departments of the unit and the joint venture, cooperative enterprises in charge of the transfer formalities; from outside the administrative area of the recruitment of the joint venture, cooperative enterprises, the competent departments reported to the enterprise's city, county (city, district) personnel bureau to the city, county (city, district) to the city administrative area outside of recruitment. The competent department shall report to the Personnel Bureau of the city or county (city or district) where the enterprise is located for approval and transfer procedures.

Foreign-invested enterprises to recruit Chinese cadres, by the enterprise's city, county (city, district) personnel exchange service centers to assist the Chinese cadres of the original unit of the competent authorities for the relevant procedures. Article XI to work in foreign-invested enterprises of the Chinese cadres, all implement the contract system. The contract shall clearly stipulate the rights and obligations of both parties and the validity period of the contract, the conditions for change, termination and dissolution of the contract, and the responsibilities of both parties in case of violation of the contract. After the contract is signed, it shall be sent to the competent department of the joint venture or cooperative enterprise and the unit that stores the administrative relationship of the Chinese cadres for record. Upon expiration of the contract, the contract may be renewed with the consent of both parties. If a cadre is sentenced to imprisonment or re-education through labor during the period of employment, the contract shall be terminated by itself. Article 12 A foreign-invested enterprise shall not terminate the contract of a Chinese cadre under any of the following circumstances:

(1) if he/she is sick or injured at work, and is under the prescribed period of medical treatment;

(2) if he/she is undergoing medical treatment and recuperation due to work-related injury or occupational disease or if his/her capacity for work is partially or partially lost as determined by the health department after the medical treatment is terminated;

(3) if he/she is under the period of pregnancy, maternity or breast-feeding; or (4) if he/she is under the condition of being a doctor, a doctor, a nurse or a doctor. (c) during pregnancy, childbirth or breastfeeding. Article 13 If an enterprise with foreign investment has one of the following circumstances, the Chinese cadres may propose to terminate the contract or resign:

(1) the labor safety and health conditions of the enterprise are poor and seriously jeopardize the safety and health of the Chinese cadres as confirmed by the labor and health departments in the place where the enterprise is located;

(2) the enterprise fails to perform the contract or harms the legitimate rights and interests of the Chinese cadres;

(3) there are other justifiable reasons. (C) There are other justifiable reasons. Article 14 If a foreign-invested enterprise or a Chinese cadre needs to terminate the employment contract in the middle of the contract, it shall notify the other party one month in advance. The termination of the contract by either party shall be reported for the record by the enterprise to its competent department or the unit in which the administrative relationship is stored on its behalf. Article 15 After the termination or dissolution of the contract of a Chinese cadre working in a foreign-invested enterprise, the principle of his placement shall be as follows:

(1) If he is employed on loan, he shall return to work in his original unit;

(2) If he is appointed or recommended by the Chinese joint venture or cooperative partner, or if he is recruited after going through mobilization formalities, or if he is appointed by the State to be a graduate student or a graduate of a university or a junior high school or a college, he shall be arranged for work by the competent departments of the joint venture or the cooperating enterprise;

(3) Chinese cadres of foreign-funded enterprises and graduate students and college graduates uniformly assigned by the State shall have their administrative relations transferred to the new unit by the Talent Exchange Service Center where the administrative relations are deposited on behalf of them or by the individuals after contacting the work units, their original status shall be recognized, and the length of service shall be calculated consecutively.