(Jinzheng Fa [2006] No. 104)
People's Governments of the Districts and Counties, Committees and Bureaus, and All Units Directly Affiliated to the Municipal Government Security Bureau, the Municipal State-owned Assets Supervision and Administration Commission and the Municipal Finance Bureau on the Opinions on the Overall Resettlement of Employees and the Exit of Three Types of Enterprises from the Market According to Law, which is hereby forwarded to you for your compliance.
Tianjin Municipal People's Government?
December 6, 2006 Opinions on the Overall Resettlement of Workers and Withdrawal of Three Types of Enterprises from the Market According to the Law of the People's Republic of China on the Bankruptcy of Enterprises and Other Laws and Regulations, and in conjunction with the organization and implementation of the Interim Measures for the Overall Resettlement of Workers and Withdrawal of Workers from the Market by the State-owned Special Difficulties Enterprises in Tianjin, it is hereby forwarded to you for compliance with the Opinions of the People's Government of Tianjin. Interim Measures for the Integral Triage and Resettlement of Employees of State-owned Special Difficulties Enterprises of Tianjin Municipality (Jin Zheng Fa [2004] No. 108) and other relevant documents, the formulation of this opinion. I. Scope of enterprises withdrawing from the market in accordance with law The scope of enterprises withdrawing from the market in accordance with law is as follows: policy bankruptcy enterprises listed in the national plan (hereinafter referred to as "bankruptcy enterprises within the plan"), and enterprises which have been recognized as bankrupt in accordance with laws and regulations by the Municipal State-owned Assets Supervision, Municipal Bureau of Labor and Social Security and Municipal Bureau of Finance (hereinafter referred to as "bankruptcy enterprises outside the plan"). (hereinafter referred to as "unplanned bankruptcy enterprises"), and enterprises in difficulty that have withdrawn from the market in accordance with the Interim Measures for Integral Triage and Resettlement of Employees of State-owned Enterprises in Special Difficulties in Tianjin City (hereinafter referred to as "enterprises withdrawn from the market", and collectively referred to as the "three types of enterprises" above). Guiding ideology and working principles Guided by Deng Xiaoping Theory and the Important Thought of "Three Represents", comprehensively establish and implement the scientific outlook on development, conscientiously do a good job in the overall resettlement of employees of the three types of enterprises and the withdrawal of enterprises from the market, deepen the reform of state-owned enterprises, promote economic restructuring, realize the optimization and upgrading of industries, improve the quality of enterprise assets, and enhance the quality of the enterprises. It will also deepen the reform of state-owned enterprises, promote economic restructuring, realize industrial optimization and upgrading, and improve the quality and efficiency of enterprise assets. Adhere to the people-oriented principle, resettle enterprise workers as a whole through trusteeship, streaming and other means, and thoroughly resolve the debts owed by enterprises to their employees. With this in mind, organize the withdrawal of three types of enterprises from the market in accordance with the law. We are striving to basically complete the withdrawal of 1,018 three types of enterprises from the market in the three years from 2007 to 2009. We will insist on the implementation of democratic decision-making procedures in enterprises, give full play to the roles of workers' congresses and trade union organizations, effectively safeguard the democratic rights and interests of workers, and strive to maintain social stability. Each municipal group company and each district and county shall set up three types of enterprise employee trust service center (hereinafter referred to as "trust center"), and be responsible for the management and service work of the employees entering the trust center. Third, the proper placement of all employees of the diversion of enterprises The municipal group companies and districts and counties to organize the three types of enterprises to the proper placement of all employees, the strict implementation of policies to ensure the legitimate rights and interests of employees. (A) the management and service work of retired cadres. The municipal group companies and districts and counties in accordance with the Municipal Party Committee General Office, the General Office of the Municipal Government "on the forwarding of the Municipal Party Committee Organization Department, the Bureau of Old Cadres, the Municipal Finance Bureau, the Personnel Bureau, the Bureau of Labor and Social Security, the Municipal Assets Supervision and Administration Commission of the city on the city's state-owned restructuring and insolvency of the opinions of the management of cadres and retired cadres service work" notice "(Jin Party Office of the 〔2006〕 No. 14), unified responsible for the three types of enterprise The municipal government is responsible for the management and service of retired cadres and their survivors in the three types of enterprises, and helps the enterprises to actively raise funds and set aside expenses for the management and service of retired cadres in the three types of enterprises. The municipal government allocates a one-time subsidy for the management and service expenses of retired cadres to each municipal group company and each district and county in accordance with the standard of 60,000 yuan per person. (ii) Management and service of retired employees. All retired employees of the three types of enterprises have entered the trusteeship center. Enterprises in the three categories shall, in accordance with the relevant regulations, set aside expenses such as housing subsidies and heating subsidies for retirees. Retirees of enterprises originally participating in the basic medical insurance enterprises shall have their medical insurance treatment unchanged, and the treatment shall be implemented in accordance with the Interim Measures for Overall Triage and Resettlement of Employees of State-owned Special Difficulties Enterprises in Tianjin. Retirees of enterprises who originally participated in the general medical insurance and those who did not participate in the medical insurance shall enjoy the medical insurance treatment of general medical insurance. The outpatient medical treatment shall be formulated by the Municipal Bureau of Labor and Social Security in conjunction with the Municipal Bureau of Finance and reported to the municipal government for approval and implementation. (c) The livelihood security of retired personnel streamlined in the 1960s. The three types of enterprises shall, in accordance with the Notice on Adjusting the Standard of Living Difficulty Subsidies for Retired Personnel Streamlined in the Sixties (Jinlao Bureaus 〔2005〕 No. 141), reserve living difficulty subsidies for retired personnel streamlined in the sixties to guarantee their basic lives. (iv) Livelihood protection for retired personnel. The three types of enterprises shall, in accordance with the relevant policies of the city, set aside living expenses for retired personnel to guarantee their basic livelihood. (e) Life protection for employees who have lost their labor capacity and have been disabled by work-related injuries. Employees who have been appraised by the Labor Appraisal Committee to be totally incapacitated or mostly incapacitated, and those who have been disabled by work-related injuries of grades 1 to 6, will enter the management of the trusteeship centers. The trusteeship center will pay monthly basic living expenses based on the city's minimum subsistence guarantee standard for urban residents, and provide pension and corresponding medical insurance subsidies based on the minimum contribution base for social insurance. The required social insurance premiums and basic living expenses are paid out of the re-employment funds. Employees who are disabled by work-related injuries of grades 7 to 10 and who are at least 50 years old for men and 40 years old for women, or who have completed 30 years of service, are admitted to the trusteeship centers and enjoy the relevant policies. Enterprises may terminate the labor relationship with disabled employees of grades 7 to 10 who do not meet the above conditions, and pay placement fees or economic compensation, one-time medical benefits for work-related injuries, and employment benefits for disabilities in accordance with the regulations. (vi) Resettlement of registered employees. Planned resettlement of employees of bankrupt enterprises. At the end of the bankruptcy of an enterprise, employees who joined the workforce before 1984 shall be paid a one-time resettlement fee in accordance with the regulations, the standard of which shall be calculated on the basis of the average monthly salary of the employees of the enterprise in the city in the previous year, and the salary shall be paid to them for every one year they have worked, up to a maximum of 36 months' salary; for the labor contract employees who joined the workforce after 1984, the employees shall be paid an economic indemnity in accordance with the number of years they have worked for the enterprise, the standard of which shall be paid to them for every one year they have worked. The standard is one month's economic compensation for every year of work, up to a maximum of 12 months. The monthly salary of the employee refers to the average monthly salary of the 12 months prior to the termination of the labor contract under normal production conditions of the enterprise, and if the average monthly salary of the employee is lower than the average monthly salary of the enterprise, it shall be paid according to the standard of the average monthly salary of the enterprise. If the average monthly wage of the enterprise is lower than the minimum wage standard, it is paid according to the minimum wage standard. According to the Circular of the State Council on Issues Relating to the Trial Bankruptcy of State-owned Enterprises in a Number of Cities (Guo Fa [1994] No. 59), workers who are less than five years away from their retirement age and who meet the conditions for early retirement may be allowed to take early retirement upon their own application. Employees who are 50 years of age for men, 40 years of age for women, or have completed 30 years of service may, on a voluntary basis, be admitted to trusteeship centers, encouraged to take up flexible employment, and entitled to social insurance subsidies, subject to deduction of their resettlement fees or economic compensation. Resettlement of employees of unplanned bankrupt enterprises and enterprises withdrawing from the market. For employees who have reached the age of 50 for men, 40 for women or 30 years of service, if there is a receiving unit, they will be transferred to a new employer; if there is no receiving unit, they will, in principle, be managed and serviced by the trusteeship center, encouraged to take up flexible employment and enjoy social insurance subsidies, with no further payment of economic compensation. For employees who do not meet the above conditions, economic compensation equal to one month's salary is paid for each year of employment with the organization. The standard for the economic compensation is the average monthly wage of the worker for the 12 months prior to the termination of the contract in the case of normal production by the enterprise. If the worker's average monthly wage is lower than the average monthly wage of the enterprise, the payment shall be based on the standard of the average monthly wage of the enterprise. If the average monthly wage of the enterprise is lower than the minimum wage standard of the city, it shall be paid according to the minimum wage standard. (vii) Resolving debts owed to workers by enterprises. The three types of enterprises shall revitalize their effective assets, raise funds through multiple channels, and properly deal with the debts of their employees. The realized assets of the enterprises shall give priority to the payment of resettlement fees or economic compensation for the termination of labor contracts, the outstanding wages of the employees, the collection of capital, pensions, disability grants, funeral expenses, out-of-coordination pensions, provident funds, and other debts, so as to effectively safeguard the lawful rights and interests of the employees. (viii) Encouraging enterprises to take on and employees to become self-employed. Employers are encouraged to take in workers from three types of enterprises. Receiving units that are service-oriented and have signed labor contracts with their employees for more than one year will be given social insurance subsidies in accordance with the current policy; receiving units that are non-service-oriented and have signed labor contracts with their employees for more than three years will be given a one-time subsidy of 5,000 yuan per person. The subsidy will be paid out of the re-employment fund. Employees in the three types of enterprises who have terminated their labor relations are entitled to unemployment insurance treatment if they meet the provisions of the Tianjin Unemployment Insurance Regulations. Employees are encouraged to seek self-employment, and the unemployment insurance benefits to which they are entitled are given to them in a lump sum, but not exceeding 12 months at the longest, and they are also given a subsidy of 3,000 yuan for self-employment. The subsidy will be paid out of the unemployment insurance fund. Fourth, the proper handling of enterprises and employees of social insurance arrears Three types of enterprises and employees transfer labor relations and social insurance relations, enterprises and I owe social insurance premiums should be made up. For those who have difficulties in making up the outstanding contributions, they should make up the outstanding part of the employees' individual accounts for pension insurance, as well as the part of the outstanding unemployment insurance premiums per capita calculated on the basis of those who are entitled to unemployment insurance treatment. The outstanding medical insurance premiums owed by enterprises shall be implemented in accordance with the provisions of the Notice on the Issuance of the Provisions on Strengthening the Registration of Social Insurance and the Collection of Social Insurance Premiums by the Municipal Government (Jinzheng Fa [2005] No. 71) and other provisions. The remaining social insurance premiums owed by the three types of enterprises, belonging to planned bankruptcy enterprises or unplanned bankruptcy enterprises, can be written off upon application by the group company, examination by the labor and social security department, review by the financial department, and approval by the municipal government; belonging to the enterprises withdrawing from the market, if there are real difficulties in funding, the repayment plan can be formulated by the enterprise, and the repayment plan can be handled in accordance with the relevant provisions after the enterprise has withdrawn from the market. Fifth, the realization of enterprise assets and debt disposal Actively do a good job in the realization of land, plant, equipment and other business assets, through a variety of effective ways, and actively raise funds for the proper resettlement of streaming workers. In strict accordance with the Administrative Measures for the Appraisal of State-owned Assets (Decree No. 91 of the State Council), Interim Measures for the Administration of the Transfer of State-owned Property Rights of Enterprises (Decree No. 3 of the Ministry of Finance of the State-owned Assets Supervision and Administration Commission of the State Council), Interim Measures for the Administration of Appraisal of State-owned Assets of Enterprises (Decree No. 12 of the State-owned Assets Supervision and Administration Commission of the State Council), and other relevant provisions, the financial auditing, asset appraisal, and entry into the market and other procedures are earnestly carried out, so as to prevent the loss of state assets. The property of bankrupt enterprises within the plan and bankrupt enterprises outside the plan shall be entrusted by the bankruptcy liquidation group to an asset appraisal organization certified by the Municipal State-owned Assets Supervision and Administration Commission and the Municipal Bureau of Finance to conduct appraisal, and the results of the appraisal shall be reported to and confirmed by the two departments, with the appraisal value as the reserve price, and be transferred in accordance with the law by way of auction and bidding. Land use rights acquired by bankrupt enterprises under the program shall be transferred by way of auction or tender in accordance with the law, and the proceeds of the transfer shall first be used for resettlement of employees. The remaining funds after the resettlement of the employees shall be included in the distribution plan of the bankruptcy estate in unison with other bankruptcy estates. State-owned land use rights acquired by way of allocation by an unplanned bankrupt enterprise shall not be counted as part of the bankruptcy estate. Except for the effective mortgage already set, after the enterprise enters into bankruptcy proceedings, the bankruptcy liquidation group shall transfer the land to the enterprise group company for transfer, and the income from the transfer shall be taken as the source of realizing the assets of the enterprise, and all of it shall be used for resettlement of the employees. Enterprises exiting the market shall actively realize all of their assets, and the proceeds shall be used to resettle employees as a matter of priority. Any assets that cannot be realized shall be closed. Included in the city's land acquisition and reserve program for the implementation of the acquisition of the exiting market enterprise land, the acquisition of land costs are fully paid to the exiting market enterprises. The land of the three types of enterprises shall be offered for transfer in accordance with national laws and according to the actual situation. If the remaining portion of all revenues from the realization of the land, after deducting the land transfer premium, is used for the resettlement of employees, the land will be exempted from all taxes and fees in the process of land transfer and property transfer. The disposal of debts and liabilities of the three types of enterprises shall be carried out in accordance with the Interim Measures for the Integral Resettlement of Employees in State-owned Special Difficulties Enterprises in Tianjin and other relevant regulations. VI. Sources of expenses for the overall resettlement of employees of enterprises The expenses for the overall resettlement of employees of bankrupt enterprises under the plan shall be resolved with the income from the transfer of land use rights, realization of assets and other funds. Where an insolvent enterprise uses land use rights as collateral, the proceeds from the transfer shall also be used to resettle employees in the first instance, and if insufficient, the shortfall shall be paid from the proceeds from the disposal of unencumbered and mortgaged property in that order. If the proceeds from the auction of the bankrupt enterprise's property are still insufficient for the resettlement of workers, the people's government at the same level shall bear the burden. The costs of resettling employees of unplanned bankrupt enterprises and enterprises exiting the market as a whole shall be met mainly from funds such as income from land realization and the realization of other assets. Where there are insufficient assets realized by an enterprise for the resettlement of displaced workers, the group company shall raise funds to meet the shortfall. If there is still a shortfall in funds, appropriate subsidies will be provided from the municipal re-employment funds in accordance with the policy. The main items of subsidies are: economic compensation subsidies for employees who terminate their labor relations in accordance with the standard of up to RMB 6,000 per person after review; subsidies for arrears of wages, extra-coordinated pensions, and other items to protect the basic life of individuals in accordance with the standard of RMB 2,000 per capita for all employees. The rest of the shortfall will be financed by the Group companies. After granting the above two subsidies, if there is still a shortfall in the funds of an unplanned bankruptcy enterprise, upon examination and approval, the competent department of the enterprise and the municipal finance shall each bear 50% of the shortfall, and the funds shall be transferred to the designated account at the same time. By the Municipal State-owned Assets Supervision and Administration Commission, the Municipal Bureau of Labor and Social Security, the Municipal Bureau of Finance, included in the city's three types of enterprises to exit the market plan of the three types of enterprises in the districts and counties, in accordance with the subsidy standards for municipal enterprises, from the city re-employment funds to the districts and counties to give a 70% subsidy to the districts and counties, 90% subsidy to the districts and counties in financial difficulties. Seven, funds and assets management The municipal group companies and districts and counties to unify the management of the three types of enterprise funds and assets, transfer between the three types of enterprises, to ensure that the three types of enterprises to exit the market costs. Municipal group companies and districts and counties of the trusteeship center, to establish a book, according to the needs of the work and the nature of the funds, respectively, the establishment of retirees housing subsidies and heating subsidies set aside costs, streamlining of retired staff set aside the cost of living in difficult circumstances, retirees set aside the cost of retired living expenses, the assets of the funds and financial subsidies set aside funds and other special accounts, centralized and unified accounting of all the trusteeship of the management, services and reserved funds and other funds. Centralized and unified accounting for the management, service and reserved funds and expenses of all trustees. The financial department of each municipal group company and the designated department of each district and county government shall set up a special account book for assets, and centralize the assets of all enterprises that fail to realize and do the sealing of accounts for unified management and accounting. Municipal land consolidation and acquisition center for the acquisition of corporate land, the municipal group companies can be bought back as a whole. Eight, strengthen the organization and leadership, strictly regulate the operation (a) strengthen organizational leadership. Municipal government set up three types of enterprises to exit the market leading group, led by the city as head of the Municipal SASAC, the Municipal Finance Bureau, the Municipal Bureau of Labor and Social Security, the Municipal Bureau of Land and Housing Authority as the deputy head of the Municipal SASAC, the Municipal Finance Bureau, the Municipal Labor and Social Security Bureau, the Municipal Land and Housing Authority, the Municipal Bureau of Industry and Commerce and Municipal Government Legislative Affairs Office of the leaders of the sub-leadership as members. The leading group has set up an office, which is jointly operated by the Municipal State-owned Assets Supervision and Administration Commission, the Municipal Finance Bureau, the Municipal Bureau of Labor and Social Security, the Municipal Bureau of Land and Housing Administration and other departments. Each district and county governments and heavy workload of the main management committee of the enterprise to set up the corresponding leading group and its office, responsible for organizing the three types of enterprises to exit the market work. Implement the responsibility system for the work of the three types of enterprises to withdraw from the market. The district and county governments, the relevant committees and group companies are responsible for the overall resettlement of workers and the withdrawal of three types of enterprises from the market in accordance with the law, to ensure the stability of enterprises and society. (ii) Strictly implementing the procedures for the withdrawal of three types of enterprises from the market according to law. The declaration, approval and operation procedures of planned bankruptcy enterprises and unplanned bankruptcy enterprises shall be carried out in accordance with the "Notice of the State Council on Issues Relating to the Bankruptcy of State-owned Enterprises on a Trial Basis in a Number of Cities", the "Supplementary Notice of the State Council on Issues Relating to the Merger and Bankruptcy of State-owned Enterprises and Re-employment of Employees on a Trial Basis in a Number of Cities", and the "Office of the State Council Transmits Information from the National Leading Group of the Work of Merger and Bankruptcy of Enterprises and Re-employment of Workers on Further Notice on the Opinions of the Leading Group of National Enterprise Mergers and Bankruptcies and Employee Re-employment on Further Improving the Work of Policy Closure and Bankruptcy of State-owned Enterprises" (Guo Ban Fa [2006] No. 3) and other documents. The declaration, approval and operation procedures of enterprises withdrawing from the market shall be carried out in accordance with the Interim Measures for the Integral Triage and Resettlement of Employees of State-owned Enterprises in Special Difficulties in Tianjin and other provisions. In order to ensure the legitimate rights and interests of employees, the implementation of democratic decision-making in accordance with the law, and effectively strengthen democratic supervision, the formulation and implementation of the overall resettlement program for the three types of enterprises, the implementation of the pre-trial, approval and audit that is, the three-trial system, in accordance with the "Interim Measures for Overall Trial and Resettlement of Employees in the State-owned Enterprises in Special Difficulties in Tianjin" and other provisions of the implementation of the specific measures.
Tianjin Municipal Bureau of Labor and Social Security Tianjin Municipal People's Government State-owned Assets Supervision and Administration Commission Tianjin Municipal Finance Bureau November 5, 2006 Issuing Department: Tianjin Municipal Government Issue Date: December 06, 2006 Implementation Date: December 06, 2006 (local regulations)