Implementation Of Shaanxi Province People's Republic Of China On Industrial Enterprises Owned By Method Of Strengthening The Democratic Management Of Workers Regulations (Trial)

Original Language Title: 陕西省贯彻执行中华人民共和国全民所有制工业企业法加强职工民主管理实施细则(试行)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399521.shtml

Implementation of Shaanxi Province People's Republic of China on industrial enterprises owned by method of strengthening the democratic management of workers regulations (trial)

    (March 4, 1989 released on March 18, 2014, Shaanxi Provincial people's Government of Shaanxi Province about abolition, declared invalid, and modified part of the revision of the decision of the provincial government regulations) Chapter I General provisions

    Article in accordance with the People's Republic of China on industrial enterprises owned by law and industrial enterprises owned by the workers ' Congress and the relevant provisions of the Ordinance and, combined with the actual formulated rules.

    Second enterprise in implementing the system at the same time, through workers ' Congress (or staff, the same below) and other forms of democratic governance to ensure ownership and rights of workers.

Third Congress of workers is the basic form of democratic management in enterprises and workers to exercise democratic management in the institutions of power.

    Bodies working in the Trade Union Congress of workers, workers ' Congress is responsible for the day-to-day work of representing and safeguarding workers ' interests.

    Article fourth Director to actively support the work of workers ' Congress and the Trade Union, ensure that the People's Republic of China Law on industrial enterprises owned by the realization of the basic terms of reference of the provisions of the workers ' Congress, implementation of the decisions made within the terms of reference of the workers ' Congress.

    Fifth Congress of workers and trade unions, to actively support the factory Director shall exercise functions, implementation of the guarantee system in the enterprise, maintaining the centrality of Director and management authority.

    Article sixth congresses of democratic centralism.

    Chapter II terms of reference of workers ' Congress and the exercise of authority procedures Article seventh congresses for enterprise management, long-term and annual plans, programmes for capital construction and major technical transformation scheme, staff training, retention of funds allocation and use of programme, contract and lease management responsibility and labour protection programmes, exercise the right of scrutiny, opinions and recommendations to the Director.

The program is: 1. Director General workers ' Congress should meet one week before the preliminary programme or Trade Union to report on the work of trade union representatives, listen to their views and suggestions.

By the workers ' Congress Special Committee (or group, the same below) after a comprehensive study, provide to the Director for modification. 2. Director report to the workers ' Congress, drew attention to the workers ' representatives for consideration.

The Bureau of the Assembly brings together delegations (or group, the same below) views, opinions and recommendations to the Director and, if necessary, by the Director on the workers ' representative considered observations and recommendations made. 3.

    In comments on a consistent basis, to implement the resolutions of the General Assembly. Article eighth congresses on enterprises ' wage adjustment programmes, bonus distribution, protection measures, incentives and other important rules and regulations, examination and approval or veto.

The program is: 1.

One week before the convening of the General Assembly, the Director or administrative departments will preliminary plan submitted to the trade unions. 2.

Relevant special committees to study the preliminary programme, proposed amendments and suggestions, and to initiate consultations with the administration. 3. Attention of the General Assembly to review the adoption.

    If proposal is rejected, modified by the Administration continue to investigate. Nineth congresses the workers ' Welfare Fund of the enterprise usage scenarios, staff housing allocation scheme and other relevant major issues of workers ' welfare in the exercise to consider the decision.

The program is: 1.

One week before the convening of the General Assembly, the Director or the relevant Department on the preliminary programme, submitted to the trade unions. 2.

Panel on relevant research, by the joint meetings of the heads of staff representatives and the head of the Special Commission, the spirit of the State, enterprises and workers the benefit of the principle of consultation. 3.

Director or department concerned to report to the General Assembly and modify the description, discussion and a vote by the General Assembly. 4. Consideration of the programmes decided by the General Assembly, the Director if there are different views, to submit for reconsideration.

    After reconsideration if they still have different views, reported to the competent Department and parent coordination. Article tenth congresses on enterprises ' leading administrative cadres at various levels, exercise the right of review oversight.

The requirements are: 1.

Council leaders once a year. 2.

Scope of the review is working class and workshop, Department of administrative cadres, with an emphasis on plant-level leading administrative cadres. 3.

Review content is the cadre of ethics, ability, diligence, performance, goal and responsibility on the basis of the mandate to primarily assess cadres performance.

The program is: 1.

Administrative cadres to the factory and shop Chairman for a progress report, for review by the staff representatives, in comments made on the basis of opinion polls or vote. 2.

Cadre Review Committee comments on the review summarizes and totals, by people who write comments and made recommendations on rewards and punishments, appointment and removal. 3. According to cadre management jurisdiction, to review material distributed to the competent Department, as a basis for assessment of cadres, and comments in a timely manner to convey comments of cadres.

    For most worker representatives called for the removal of leading cadres, the competent authorities (including higher authorities), to seriously investigate and deal with.

11th Congress of workers according to the decision of the competent Department of the Government elections Director, the program is: 1.

According to the Government Department, held joint conditions established approaches and candidates for election. 2.

Mobilise workers in recommending candidates from the bottom up, and organizes a sure candidate. 3.

Factory speech organization candidates in the General Assembly, and in reply. 4.

Secret multi-candidate election approach at the Conference, the official election. 5.

Results will be announced, and approval of the competent Department of the Government. 6.

Elections Director of incompetence or serious misconduct, by the workers ' Congress removed and submitted to the approval of the competent authorities. 7.

    Government authorities when appointing or hiring, firing or dismissal of the Director, staff Council meeting, should seek the views of the General Assembly; during the inter-sessional period, should seek the opinion of the joint meeting.

    Article 12th congresses decisions taken within the framework of its terms of reference to modify, change, must be agreed by the workers ' Congress.

    The third chapter of the workers ' Congress system 13th congresses once every 3-5 years, General and Director, President of the Union in line with every six months to convene the General Assembly. Joint venture or work units dispersed, mobility of large and medium enterprises, and also by the workers ' Congress decided and agreed by the parent Union, held once a year.

    Each must have more than two-thirds workers represented by the General Assembly. 14th system, permanent implementation of the Bureau of the Assembly, composed before each General Assembly. Meeting of the members of the Bureau should be made by delegations, in consultation from staff representatives in proposing the list of candidates, by staff listens later, elected at a preparatory.

Workers, technicians, management personnel are members of the Bureau should be more than half.

The main responsibilities of the Bureau: 1.

Agenda for consideration by the General Assembly. 2. Presiding over the General Assembly period.

The activities. 3.

Listen to the body of work, the Special Committee's report and the views of delegations on motion to consider proposed draft resolutions of the General Assembly. 4.

    Dealing with other matters during the General Assembly. 15th congresses of elected staff representatives to participate in the Management Committee in accordance with law, assisting the Director determines an enterprise's major problems.

Staff representatives (Union President) General Accounting for the members of the Commission should be one-fourth to one-third.

To participate in the Management Committee of the Trade Union representative, are responsible for the workers ' Congress, reporting on a regular basis, and accept their supervision.

Director of staff representatives to participate in the Management Committee to provide the appropriate conditions, including participation in meetings, reading relevant documents, participation in decision-making on major issues were investigated.

    Trade unions and the workers ' Congress Special Committee to help participate in the Management Committee of the trade union representatives about the opinions of the masses of workers.

16th worker's Congress during the temporary important issues, Enterprise Administration, a proposal convened by the trade union representatives of staff head of the consultation of the joint and the head of the Special Commission.

Joint Conference may invite the enterprise administration and head of the Party Committee and other relevant personnel, in accordance with the principle of consensus, belongs to the congresses of major issues within the terms of reference.

Joint consultations deal with the major problems, which should be widely solicit the views of staff representatives or trade union in advance.

    Results of consultation on major issues should be brought to the next staff Council confirmation.

17th Congress exercises its powers in accordance with the needs of employees, and setting up production operations, rules and regulations, benefits, labor protection, cadre Review Panel on oversight. Should the principle of expertise in the specialized commissions, nominated by the Bureau of the Congress of workers and the General Assembly, the selection of staff representatives have certain business expertise and practical experience of the workers, technicians and managers. Special committees as needed, you may retain a few non-represented employees.

Head of the Working Committee of the Trade Union-related, can be nominated as the head of the Special Commission.

Major work of the Panel is: consideration of the motion submitted to the workers ' Congress; in the workers ' congresses, audited within the Special Committee within the bounds of shared problems to be decided; check workers ' Congress, urging relevant departments to implement resolutions and proposals of employees; handling other matters assigned by the workers ' Congress.

    Each Special Committee to establish a regular schedule.

Proposal for article 18th of collection and treatment:

In a staff meeting before Congress, to carry out staff representatives around the central theme of the General Assembly, solicited workers ' views of individuals or groups to submit proposals. The proposal by the Special Committee of staff representatives register, by the Director or other administrative person in charge, respectively, should generally be replied within 1 month.

For employees of general interest important proposals, if necessary, by the Director or competent administrative leadership direct dialogue with the Special Committee or worker representative, consultative process.

    Special Committee once every quarter or half year proposal to handle the situation in the next report on the workers ' Congress.

    The fourth chapter staff representatives Article 19th enjoyment of political rights of serving staff (including fixed workers, contract workers, apprentices, rotation, plan long-term temporary workers, etc), can be elected to trade union representatives.
Staff representatives carrying out permanent system, once every 3-5 years, but shall be eligible for re-election.

    20th article workers representative accounted for workers total of proportion is: 50 people to 100 people of enterprise, accounted for 20% around; 100 people to 500 people of enterprise, accounted for 15% around; 500 people to 1000 people of enterprise, accounted for 10% around; 1000 to 3000 people of enterprise, accounted for 8% around; 3000 people to 5000 people of enterprise, accounted for 6% around; 5000 people above of enterprise, accounted for 4% around.

Proportion of staff representatives in the staff is: middle-level leading cadres above amount must not be greater than 20% workers generally account for 45%-50% technical knowledge and management 30%-35%.

Staff Council may, as required, invitation was not elected staff representatives of the party, Government, workers, cadres, workshop, Department leaders, managers, engineers and technicians, model workers and retired, retirees, families of employees of several individuals, for the delegates.

    Below 50 enterprises may implement Trades Union Congress. Article 21st election of employee representatives to fully carry forward democracy, essentially at the class, group, or section as a unit, nominated by the Trade Union, direct elections. Staff representative for technical managers, or in enterprises and within the scope of the workshop and consultation are elected. The staff representatives must be credentials and posted.

    Any non-elected through democratic elections or democracy, not of a trade union representative.

22nd staff mobilization, representation is not retained, units which elected staff representative for the by-election.

Staff representatives have retired, retirement, termination of representation itself, units which elected staff representative for the by-election.

    Employees represent more than serious warning to illegal, criminal or disciplinary action, shall revoke the credentials, and the former electors by-election.

23rd staff representative has the following rights:

    At the Trade Union Congress has the right to vote, be elected and the right to vote, right to participate in the staff Council and its working bodies of the General Assembly resolution and inspection of the implementation of the proposal, the question of the right to participate in administrative leadership.

24th staff representatives have the following obligations:

    Work hard party and State guidelines, policies, laws and regulations, enhance the sense of responsibility, improve ability to participate in management; close ties with the masses, the workers ' legitimate interests spearheaded workers Congress resolution models comply with national laws and regulations, compliance with the company's rules and regulations and discipline, do their job. 25th employee representatives for their participation in the democratic management of workers ' Congress organization activities, and amount of production or work time and attendance enjoy should be treated as normal.

    Workers ' congresses, special activities of the Committee should take up work as little as possible.

    Fifth chapter workshops and classes, group of democratic management 26th workshop is the basic form of democratic management and workers ' Congress or the TUC. Workshop number of up to 50 people, generally in a staff meeting; 50 to 100 people can open the Assembly, you can also open the workers ' Congress; more than 100 people, held congresses.

Number of staff representatives, in principle, groups should be 1 staff representatives in each class.

Shop workers Congress main exercises the following powers: 1.

Listen to and consider the Director's report, comments and suggestions. 2.

Examined and approved or rejected economic responsibility, and bonus distribution scheme of workshops and workshops within the relevant rules and regulations. 3.

Consideration of decision workshop important issues related to staff welfare and interests. 4.

Evaluate and supervise administrative cadres, rewards and punishments, appointment proposals put forward. 5.

According to the Director's requirements, recommending or democratic elections Director.

    Shop workers Congress quarterly 1, by workplace trade unions are responsible for the daily work. 27th class, group, is the basic form of democratic management, the Group's democratic will.

Classes, groups, democracy will be presided over by the head of the Trade Union.

Terms of reference for the class, group, democracy is: 1.

Listen to the head of the class, reporting to discuss follow-up to the Director of the workshop and the workshop of the workers ' Congress on important decisions. 2.

Discussion through the class, groups of economic responsibility. 3.

Discussion classes, groups, internal capital allocation and related issues such as workers ' vital interests. 4. Required class, head of the election.

Recall proposal against the incompetent head of the class,.

    Classes, groups, democracy will be held 1 time per month.

    Chapter Sixth Congress of workers work in the business contract leasing

28th enterprise no matter which form of economic responsibility, should pay attention to giving full play to trade unions role of ownership, through to the democratic management of workers engaged in the whole process. 1. Corporate tender Committee of staff representatives shall normally be members account for around 20%.

Workers ' representatives shall be democratically elected by the workers ' Congress. 2.

Tenders tenderers established by the Committee, shall be published in the workers ' representatives or workers engaged in programmes, speeches in reply, those polled, the bidders did not win a majority of employees trust, generally cannot be determined for the contract lease management. 3.

Internal tendering, tenderers to lecture in the leasing sector staff reply, received a vote of confidence, and finally contracted by the Director and optimize the rental operators. 4.

Contract lease operators to respect the competence of the Trade Union, workers ' Congress, implementation of the decision of the workers ' Congress. 5.

    Trade unions, workers ' Congress should support the contract lease operators to implement contract lease management plan, protect legal rights of contracted rental operators.

    The seventh chapter democratic consultations and dialogues and other forms of management

    Article 29th in the implementation of the workers ' Congress system at the same time, according to the need for other forms of democratic governance.

Article 30th democratic dialogue and consultation is the communication between leadership and employees thinking, enhance understanding and regulation of conflicts, strengthen unity of form, should be actively promoted, and extensive, and gradually form a system. Dialogue should reflect the equal consultation, communication, honesty, mutual respect for principles. Director and Executive cadres should improve the transparency of its work, administrative systems and work results, listen to their views.

Workers to the overall situation, understand the enterprise's specific difficulties, correctly handle the relationship between the interests of the State, enterprises and trade unions.

    Enterprise trade unions and organizations representative of workers and democratic consultation dialogue with the Director, administrative, as one of the most important tasks.

31st democratic management in enterprises can also choose the following form: 1.

Established factory box. 2.

Establish the factory open day system. 3.

Convening of the Conference. 4.

Democratic discussion will be held. 5.

    Establishment of staff representatives ' duty roster.

    Eighth chapter congresses and trade unions Article 32nd Congress of workers and trade unions with consideration of significant decision-making, supervision and administrative cadres and safeguard their legitimate rights and interests of common functions.

In the case workers to join a Union, workers ' Congress and the Congress of trade union members may sit simultaneously.

Apart from the individual non-members, and workers are representative or Member representative.

Various working committees with the unions of the workers ' Congress Special Committee, nature identical or similar, could be merged.

    Workshop staff Council representative and team leader of trade unions can be simultaneously, by one of their number.

Bodies working in the 33rd article enterprise trade unions as workers ' Congress, assume the following: 1.

Promotional nature, mandate and role of the workers ' Congress, organize the relevant policy, regulatory and management knowledge, enhanced employee ownership. 2. To organize election of staff representatives.

Training of staff representatives, improving the quality of workers ' representatives. 3.

Develop a staff meeting programme of the Congress, presented to the General Assembly recommendations on the subject of responsible for preparations for the Conference and meeting Organization of work for the period. 4.

Presided over the head of the workers ' representatives, joint meeting of the heads of special committees. 5.

Panel on organizational studies, make recommendations to the workers ' Congress, check the implementation of the resolutions of the General Assembly, launch staff implement the resolutions of the General Assembly. 6.

Receiving and handling complaints and suggestions of the staff representatives. 7.

    Guidance, support to workshop workers ' Congress the right to exercise authority, promoting the democratic management of class, group work and constantly improve.

    Article 34th parent guidance, support and maintenance responsibility acting in an enterprise workers ' Congress.

    Nineth chapter by-laws

    35th enterprises that violate the provisions of the law, without special reasons, not regular convening of congresses of workers ' Congress or serious violations of terms of reference, business congresses can be brought to the competent Department and parent work together in coordination and arbitration.

36th herein applies to industrial, transportation, capital construction, owned by telecommunications, geological exploration, Commerce, foreign trade, goods, agriculture, forestry, water conservancy, and other enterprises.

    Scientific research, culture, education, health and other institutions, may refer to the implementation of these rules. 37th article of the rules since the release date of the trial. Countries when there is a new provision, is subject to national requirements.