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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)

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Implementation of the National People's Republic of China's rules for the strengthening of the democratic management of the workforce of all industrial enterprises ( pilots)

(Amendment of the Decision on the Abolition, Formation and Amendment of Parts of Provincial Government Regulations, issued by the Government of the People's Republic of China on 4 March 1989

Chapter I General

Article 1 establishes this rule in the light of the People's Republic of China Act on All Industrial Enterprises for All and the Regulations of the General Assembly of Employers for All Industrial Enterprises and related provisions.

Article II, while exercising the responsibility of the head of the plant, it is important to ensure the ownership and rights of the employee through democratic management of the General Assembly of Employers (or the General Assembly of Employers, with the same) and other forms.

Article 3. The General Assembly of Employers is the basic form of the exercise of democratic management by enterprises and is the body in which they exercise democratic governance.

Business unions are the working body of the General Assembly of Employers, responsible for the day-to-day work of the Staff Union, representing and defending the interests of workers.

Article IV heads of plants will actively support the work of the General Assembly and the Trade Union to ensure the realization of the basic functions of the General Assembly by the People's Republic of China, as set out in the Law on All Industrial Enterprises of the People's Republic of China, and to implement the decisions taken by the General Assembly within its mandate.

Article 5 Employers represent the General Assembly and trade unions, and actively support the heads of plants to exercise their functions under the law, ensure that the chief is responsible for the operation of the enterprise, maintain the centrality and management authority of the plant chief.

Article 6.

Chapter II Procedures for the representation of workers in the General Assembly

Article 7. Its procedures are:

The head of the plant shall normally be given to the worker's representatives for a period of one week prior to the meeting of the Staff Union to communicate the initial programme or the corresponding report on the work of the worker and to receive widely the views and recommendations of the employee. After an integrated study by the specialized committees of the General Assembly of employees (or groups, with the same), it was made available to the head of the plant for improvement.

The head of the plant reports to the General Assembly of Employers to be considered by the employee representatives. The Bureau of the General Assembly brings together the views of delegations (or groups, with the consent) to make observations and proposals to the head of the plant, and, if necessary, to make a statement on the views and recommendations of the employee's representatives.

On the basis of the basic consensus, the General Assembly adopted a resolution on implementation.

Article 8 Employers represent the General Assembly's wage adjustment programme for enterprises, the awards allocation programme, labour protection measures, awards and other important regulations, and exercise the right to review consent or veto. Its procedures are:

In general, the first week of the General Assembly will be preceded by a preliminary programme to be submitted to trade unions by the heads of plants or administrative authorities.

The specialized committees have conducted research studies on initial programmes, proposed amendments and proposals and initiated administrative consultations.

The General Assembly was formally reminded of its adoption. If the programme was rejected, the administrative changes were continued.

Article 9. The Staff Union shall exercise the right to consider matters relating to the use of the enterprise's Employees' Welfare Fund, the Staff Housing Distribution Programme and other related employee benefits. Its procedures are:

In general, the first week of the General Assembly will be preceded by a preliminary programme to be submitted to trade unions.

Following a study by the specialized committees on the investigation, consultations were held with the heads of the various employees' delegations and the heads of specialized committees on the basis of the principle of balance between the interests of States, enterprises, workers.

A report and a change note to the General Assembly by the head of the plant or the relevant department, which is discussed and voting by the General Assembly.

The programme, as decided by the General Assembly, may be reviewed by the head of the plant, if any. After the review, there is still a different opinion that is coordinated by the superior authorities and the upper trade unions.

Article 10 Employers' representatives General Assembly exercise the right to review oversight over the executive heads at all levels of enterprises. Its requirements are:

Each year, the Department of Reviewing Investigates conducts.

The scope of the review is the administrative leadership of the in-service plant and workshop, room Clinic, with a focus on the head of the plant administration.

The evaluation is based on the editness, ability, attendance and performance of the Department, based on the objectives of the term of office and the responsibilities of the post.

Its procedures are:

The Ministry of Executive Leadership reports to the heads of the factories and the Carriage Employees, which are reviewed by the employee representatives, and polling on the basis of the review.

The CCPR summarized the views of the review, summarized, written by a person, and made recommendations for the award and dismissal.

In accordance with the management authority of the Ministry, the review materials will be sent to the competent authorities as the basis for the archaeological Department and the comments will be communicated to the archipelag. A majority of the employees' representatives are required to be dismissed from the lead department, and the authorities (including at the enterprise level) are to be carefully investigated.

Article 11

In accordance with the decision of the Government authorities, a joint meeting was held to develop electoral approaches and candidates' conditions.

Self-removal of candidates recommended by the worker and the identification of candidates by the organization.

Candidates are published in the General Assembly and responded.

Formal elections were taken in the General Assembly by a secret ballot.

The results of the elections were published and approved by the Government authorities.

The head of the election is not competent to work or to seriously lose his or her job, to be dismissed by the General Assembly of Employers and to be approved by the superior authorities.

The views of the General Assembly shall be sought by the competent government authorities when they are appointed or recruited, removed from office or removed from service, during the meetings of the General Assembly of Staff representatives; during the intersessional period, the views of the joint meetings shall be sought.

Article 12 amends and changes in decisions taken by the General Assembly of Staff representatives within the purview of the Assembly and must be agreed by the Staff Union Congress.

Chapter III

Article 13. Staff representatives shall be elected, elected every three to five years each and shall be elected for a term of office with the head of the plant, the trade union President; Joint enterprises or work units are dispersed, large-scale businesses with mobility may also be convened annually by the Employer's representative General Assembly to discuss decisions and with the consent of the parent trade union. Each General Assembly must have more than two thirds of the staff representatives.

The Bureau of the General Assembly, article XIV, is in a position to do so, consisting of the Assembly before each session. Members of the Bureau shall be elected at the preparatory meeting, in consultation with the President of the delegation, for a list of candidates from the staff representative and after the full preparation of the staff representative. More than half of the members of the Bureau should be workers, technicians, managers.

Main responsibilities of the Bureau:

Consideration of the adoption of the agenda of the General Assembly.

Activities during the General Assembly.

Hearing the work body, the work of the specialized committee and the views of delegations on the draft resolution, which was proposed by the General Assembly.

Other matters during the General Assembly.

Article 15. Employers' representatives shall be elected by law to participate in the enterprise management committee to assist the heads of plants in determining the major issues of the enterprise. Employer representatives (with trade union Presidents) should generally account for a quarter to a third of the enterprise management committees.

Staff representatives participating in the enterprise management committee will be responsible for regular reporting and supervision to the General Assembly.

The head of the plant will provide the corresponding conditions for the participation of the employee representatives of the enterprise management committee, including the inclusion of participation in the relevant meetings, the reading of the relevant documentation, and the investigation of key issues involved in decision-making.

The Trade Union and Employees' Representatives General Assembly specialized committees are to assist workers' representatives in the Business Management Committee to understand the views of the workforce.

Article 16 of the provisional nature of the inter-sessional period of the General Assembly of Employers, with the introduction of a programme in the area of corporate administration, is dealt with by the organization of joint meetings of heads of employees' delegations and heads of specialized committees.

The joint meeting may invite the heads of the enterprise administration and party and other associated personnel to participate and to address the major issues falling within the purview of the General Assembly, in accordance with the principle of consensus.

The joint meetings deal with important issues and should, to the extent possible, make the views of a wide array of representatives or employees.

The outcome of the consultations on major issues should be addressed by the next Staff Union Congress.

Article 17 may be established by the General Assembly of Employers on the basis of the needs of the exercise of its mandate by establishing specialized committees such as production operations, regulations, living benefits, labour protection, and supervision of the cadre.

The specialized committees should be based on well-established principles, with the nomination of the Bureau of the General Assembly and adoption by the General Assembly, to select workers, technicians, managers with certain operational expertise and experience in practice. A few non-staff representatives may be employed by specialized committees, as required. The heads of the trade union committees may generally be nominated as heads of these specialized committees.

The main work of the specialized committees is to consider the relevant bills submitted to the General Assembly of Employers; to review, during the intersessional period of the General Assembly of Employers' Representatives, the issue of the need for temporary decisions within the scope of the division of labour of the specialized committees; to examine, promote the treatment of the relevant departments' follow-up to the General Assembly resolutions and the Staff proposals; and to deal with other matters that are referred to by the Staff Union Congress.

Special committees are required to establish a regular system of work.

Article 18

Prior to the convening of the General Assembly of Employer Representatives, a representative of the employee was to launch a proposal by an individual or a coalition of individuals on the subject of the General Assembly's centre, with a wide consultation of the employee.

The proposal of a worker representative is registered by a specialized commission, which is dealt with by the head of the plant or other executive head, and shall normally be answered within one month. Important proposals for the general interest of workers may be dealt with, if necessary, by direct dialogue between the head of the factory or the competent administrative leadership and the specialized committees or employees representatives.

The Special Committee examines the processing of a proposal every quarter or a half year and reports at the next Staff Union Congress.

Chapter IV Staff representatives

The current employee who enjoys political rights in accordance with the law (including fixed-work, contractwork, apprenticeship, rotation, long-term temporary work in the plan) may be elected to the employee's representative. Employer representatives have a permanent system that is re-elected every three to five years and can be re-elected.

Article 20 represented the total number of workers: 50-100 enterprises, accounting for about 20 per cent; 100-500 businesses, accounting for about 15 per cent; 500-1000 businesses, accounting for about 10 per cent; enterprises of between 1,000 and 3000; businesses of about 8 per cent; businesses of 300,000 to 5,000; businesses accounting for about 6 per cent; more than 5,000.

The proportion of the various categories of staff representatives is: the number of heads of the business sector is not greater than 20 per cent; the worker is generally 45 per cent - 50 per cent; and the technical, management generally accounted for 30 per cent - 35 per cent.

The Employers' Congress may, as required, invite the enterprise party, political, industrial, mission-led cadres who have not been selected as employees, to be represented at the table by the vehicle, the head of the office, the manager, the engineering technic, the labour model and the recuperation, retirement and the number of employees.

The business of 50 persons is subject to the General Assembly of Employers.

Article 21, which elects representatives of the worker to fully promote democracy, is generally based on the production classes, groups or work paragraphs, which are nominated by the worker and elected directly. Staff representatives in technical managers may also be selected for consultation within the context of businesses and workshops. Staff representatives must be reviewed by representative qualifications and published. No one shall be a representative of the worker without a democratic election or democratic choice of the worker.

Article 2

Employers' representatives are dismissed, retired and are eligible for termination on their own behalf, and the former electoral units should be replaced by the staff representative.

Staff representatives shall be removed from their representative qualifications and shall be elected by the original electoral units.

Article 23 has the following rights as follows:

In the General Assembly of Employers, the right to vote, the right to participate in the review of the implementation of General Assembly resolutions and proposals by the General Assembly and its working bodies, the right to participate in the examination of the executive heads of enterprises.

Article 24 has the following obligations as follows:

Efforts to learn party and national approaches, policies, laws, regulations, strengthen sense of ownership and improve the ability to participate in management; act in close contact with the public, representing the legitimate interests of the worker and take the lead in the implementation of the resolutions of the General Assembly; model compliance with national laws, regulations, compliance with the regulations and labour disciplines of the enterprise.

Article 25 Employees' representatives are treated at normal duty due to their participation in democratic management activities organized by the Staff Union Congress. During the intersessional period of the General Assembly of Staff representatives, the activities of the specialized committees should be carried out as much as possible.

Chapter V

Article 26 is the basic form of the interuter democracy management. The number of cars is 50, generally appropriate for the convening of the Staff Union Congress; 50-100 persons may open the General Assembly of Employers; and more than 100 people hold the Staff Delegates' Congress. The number of employees represents, in principle, each of the classes and one of the employees.

The Cervices Congress exercises the following functions:

To hear and consider the report on the work of the Director of the Cartages and to make observations and recommendations.

Review of the agreement or rejection of the programme of economic responsibility for the workshop, the award distribution programme, and the relevant regulations within the vehicle.

Consideration of important issues related to the welfare and personal interests of workers.

Reviewing, overseeing the administrative leadership of the vehicle, proposing awards and dismissal recommendations.

At the request of the head of the plant, the Director is recommended or democratically elected.

The Carriage Employers' Congress was normally held in one quarter, and the day-to-day work was vested with the Carol Trade Union.

Article 27, the basic form of a group of democracy management, is Bangui and a democratic assembly. Cluster democracy is chaired by the trade union leader.

Its mandate is to:

Hearing, team leader's work reports on the implementation of the relevant important decisions of the Conference of Directors and Carriage Employers.

Discussions were held on the adoption of a programme of work, economic responsibility.

Issues relating to the decision classes, the allocation of funds within the group and the interest of the worker are discussed.

Election classes and panels are required at the superior level. Removal suggestions were made to the non-representative classes, the head of the group.

Between sessions and groups of democracy are usually held once a month.

Chapter VI Work of the General Assembly of Employers in the area of enterprise contracting leases

Article 28, irrespective of the form of economic responsibility, requires attention to the full ownership of the workforce and to the integration of the workforce's democracy into the whole course of operation.

Employer representatives in the enterprise solicitation committees shall normally account for about 20 per cent of the total membership. Staff representatives shall be elected democratically by the Staff Union.

The bidder established by the solicitation committee shall be made public in the course of the business programme, in the case of a speech, in the opinion of the public, in the absence of a bidder that has won the trust of the majority of employees, and generally cannot be determined as a contractor to rent the operator.

In-house tendering, the bidder will be required to speak among all employees of the contractor's rental sector, receive a vote of confidence, and ultimately to determine the contractor's renting operator with the best option.

The contractor leaser shall respect the functions of the Trade Union, the Employer's representative General Assembly and implement the decisions of the General Assembly.

The Trade Union, the Staff Union Congress should support the contractor's rental operators in the implementation of the contract rental operation programme to preserve the legitimate rights and interests of the contractor's renter.

Chapter VII

Article 29 allows businesses to exercise other forms of democratic management in parallel with the introduction of the Staff Union General Assembly system.

Article 33 Dialogue on democratic consultation is an important form of communication between the leadership and the staff, understanding, regulation of contradictions and greater solidarity, and should be actively promoted to develop a system of progressive development.

Dialogue should reflect the principles of equality consultation, bi-way communication, openness and mutual respect. The head of the plant and the executive leadership will be required to increase transparency in their work, to make the system and the results of the operation open and to listen to the views of the employee. Employers should take full account of the specific difficulties of businesses and properly address the interests of States, businesses and workers.

Business unions should engage in a democratic consultation dialogue on behalf and organizers with the heads of plants and administration as an important task for themselves.

Article 31 may also choose to adopt the following forms of democratic management, as required:

The establishment of a slogan.

Establishment of a system for the reception of the plant governor.

The event was held.

Convening a democratic clemency.

Establishment of a system of representation of employees.

Chapter VIII

Article 32, the General Assembly of Employers, with trade unions, has important decisions to consider businesses, oversee the executive leadership and maintain a common function of the legitimate rights and interests of workers. In cases where workers are largely involved in trade unions, the General Assembly of Employers may be held in parallel with the General Assembly.

In addition to individual non-members, staff representatives may also be a member's representative.

The special work committees of the General Assembly of Employers may be merged with the different committees of trade unions.

The Caroler Representative of the General Assembly and Head of the Cluster Trades may be elected at the same time and by one.

Article 33 Unilateral trade unions assume the following work as a working body of the General Assembly of Employers:

Promotion of the nature, competence and role of the Staff Union Congress and the organization of staff to learn about policy, legislation and management knowledge and to strengthen the sense of ownership of the workforce.

Organization of the election of employees. Training for staff representatives to improve the quality of staff representatives.

The development of a programme for the convening of the Staff Union Congress to make recommendations on the topic of the General Assembly responsible for the preparation of the Conference and the organization of work during the meeting.

Chair of the joint meeting of the Director of the Staff delegation and heads of specialized committees.

Organizing specialized commissions to investigate and make recommendations to the General Assembly of Employers to review the implementation of General Assembly resolutions and to launch the implementation of General Assembly resolutions by employees.

Complaints and recommendations received and processed by the employee representative.

Guidance, support for the proper exercise of the duties of the Carriage Employers' Congress to promote continuous improvement in the management of classes and clusters of democracy.

The third article XIV trade union has the responsibility to guide, support and maintain the exercise of the functions of the General Assembly by the enterprise worker.

Chapter IX

Article XV, in violation of the provisions of the Business Act, does not give special reasons to the holding of a General Assembly of Employer Representatives or the grave violations of the functions of the General Assembly by the Employer, which may be brought together by the General Assembly of the General Assembly of Business Employers.

Article 36 applies to all enterprises such as industrial, transport, basic construction, mail, geological exploration, commercial, foreign trade, goods, agroforestry, water and electricity for all.

The units of scientific research, teaching and health may be implemented in accordance with this rule.

Article 37 is piloted from the date of publication. The State has new provisions that are conditional on the State's provisions.