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Chinese Employees Management Of International Cooperation Projects In Tibet Autonomous Region (For Trial Implementation)

Original Language Title: 西藏自治区国际合作项目中方雇员管理办法(试行)

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Methods of management of employees in the International Cooperation Project in the Tibetan Autonomous Region

(Summit 4th ordinary meeting of the People's Government of the Tibetan Autonomous Region, 16 April 2013, considered the adoption of Decree No. 118 of 21 May 2013 by the People's Government of the Tibetan Autonomous Region, which came into force on 1 July 2013)

In order to further regulate the management of employed Chinese employees in international cooperation projects, to increase the level of management and service of international cooperation projects and to play the effectiveness and role of international cooperation projects, to guarantee and preserve the legitimate rights and interests of Chinese employees in accordance with the relevant laws, regulations, and to develop this approach in conjunction with the self-government area.

Article II applies to the employment and management of employees in international cooperation projects in the self-government area.

This approach does not apply to Chinese citizens employed by foreign enterprises, joint ventures and foreign companies.

Article 3 of this approach refers to cooperation projects implemented between foreign Governments, international organizations, non-governmental organizations outside the country and individuals, with the approval of the relevant authorities.

The project management unit referred to in this approach refers to the subsidiary body established by the cooperation agreement or commissioned to implement the project.

This approach refers to an international cooperation project-specific unit that is established by foreign Governments, international organizations, non-governmental organizations outside the country and individuals for the implementation of international cooperation projects in self-governing areas or project implementation agencies.

This approach refers to Chinese nationals employed in international cooperation project activities under this scheme.

Article 4

(i) Establishment of an alternative pool of employees of China and recommendation to the user unit of the alternative;

(ii) Approval of eligibility and conditions for entry into an alternative pool;

(iii) Guidance, assistance to project management units in the management of Chinese employees;

(iv) Training of secondary employees in relevant laws, regulations;

(v) Chinese employees visit outside the country to study, study and training, etc. are provided by the project management units to the Aliens' Authority.

Article 5

The Project Management Unit shall perform the following functions:

(i) A review of the recruitment plan for Chinese employees;

(ii) Training, management and supervision of Chinese employees;

(iii) Relevant information on Chinese employees to the competent authorities such as human security in self-government, expatriate and public security authorities.

Article 7. The unit of the international cooperation project shall be governed by law by specific conduct for Chinese employees, conduct on-the-job training and performance appraisals for Chinese employees in accordance with project requirements, and report on the status of the registry to the Aliens' Authority.

Article 8. Chinese employees shall have the following conditions:

(i) Be up to 18 years of age, with full civil capability for conduct;

(ii) To comply with national legislation, legislation and criminal records that endanger national security, undermine national unity and national unity;

(iii) The physical conditions, education and basic operational skills required to carry out related project activities;

(iv) A good social openness and professional ethics;

(v) Incumbency of public officials, State-owned enterprise managers and State-mandated persons by non-State organs or units;

(vi) Other conditions to be established in the self-government area.

Article 9. Persons who voluntarily engage in international cooperation project services and meet the conditions set forth in this approach may be self-settled or recommended by the Project Management Unit to include the Emissions' Authorities in the self-governing area into an alternative pool of employees.

Article 10 Employees of China are governed by the following procedures:

(i) An application for employment by an international cooperation project user unit based on project requirements for approval by the project management unit;

(ii) Upon review by the Project Management Unit of the number, requirements and duration of the recruitment, the issuance of the expatriate authorities in the self-government area;

(iii) In the self-governance area, the expatriate authorities provide alternative personnel for the selection of the international cooperation project's units from an alternative pool of employees;

(iv) The international cooperation project user units are selected for the recruitment of persons from among the options offered by the self-government authorities, in accordance with the established recruitment plan.

The Article 11 project management unit shall, within 10 working days of the conclusion of the labour contract between the Chinese employee and the international cooperation project's unit, submit the relevant information to the competent authorities in the self-government area for human resources security, expatriate and public security authorities.

Article 12 Chinese employees must comply with national laws, regulations, self-respect for national security and interests, maintain national unity and national unity, without prejudice to national security and interests and endanger national unity.

In accordance with the relevant provisions of national legislation, legislation and self-government, the international cooperation project's unit shall enter into a labour contract with Chinese employees, specifying the rights, obligations of both parties, agree on matters such as labour compensation, working hours, rest leave, social security and welfare. Labour pay is not less than the local minimum wage.

Article 14. International cooperation project use units require changes, removal and termination of labour contracts, in accordance with the relevant provisions of the People's Republic of China Labour Contracts Act.

Article 15. The international cooperation project owner units shall guarantee and preserve the legitimate rights and interests of Chinese employees, in accordance with the relevant provisions of national legislation, legislation and self-government zones, and shall be inspected by the relevant sectors such as human resources security in the self-government area.

Article 16 International cooperation project user units should be registered and paid social insurance in full and on time, in accordance with the relevant provisions of national legislation, legislation and self-government zones.

Article 17: In violation of this approach by the user unit of the International Cooperation Project, it is warn by the self-governing authorities of expatriates in the self-government area and is responsible for the entry into the bank of their employees for the duration of the period of time; in the late absence of a report to the International Cooperation Project Approval Body for the termination of project activities and to refrain from cooperating with the relevant sectors of the self-government area.

In violation of this approach, the Project Management Unit should be responsible for the process of entry into the bank within the prescribed time period, and for the three-year period no longer to undertake work related to international cooperation projects.

In violation of this approach, article 18 employees are transferred to the judiciary by law, suspected of committing crimes.

In one of the following cases, the duration of the project management unit is being changed by an expatriate authority in the self-government area; the failure to change is overdue and accountability by the relevant authorities:

(i) The international cooperation project employs a person other than an alternative pool of employees;

(ii) In the absence of the present approach, the recruitment of Chinese employees is pending in the relevant sector;

(iii) Failure to make the case available to the relevant sector as provided for in this approach;

(iv) In the course of the project's implementation, Chinese employees have violations of the provisions of this approach.

Article 20 Chinese employees who have already been employed before the implementation of this scheme must be added to the bank within three months from the date of operation of the scheme to the external immigration authorities of the self-government area.