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)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201308/20130800390306.shtml

Chinese employees management of international cooperation projects in Tibet Autonomous Region (for trial implementation) (April 16, 2013 4th Tibet Autonomous Region people's Government Executive meeting considered by people's Government of Tibet Autonomous Region, May 21, 2013 to 118th published since July 1, 2013,) first in order to further standardize the management of international cooperation projects to hire Chinese employees work, raise the level of international project management and services, benefits and the role of international cooperation projects, protect and maintain the legitimate rights and interests of Chinese employees, in accordance with the relevant laws and regulations, combined with State practice,

    These measures are formulated.

    Article these measures applicable to international cooperation projects in the autonomous region of Chinese employees hiring and management.

    These measures do not apply to foreign-funded enterprises, joint ventures, and Chinese citizens employed by foreign companies.

    Third international cooperation projects in these measures refers to the approval of the relevant departments, with foreign Governments, international organizations, foreign NGOs and enforce cooperation between individual projects.

    Project management unit in these measures refers to the cooperation agreement or Chinese agencies entrusted with the implementation of your project.

    Employers of international cooperation projects in these measures refers to foreign Governments, international organizations, foreign non-governmental organizations and individuals to implement international cooperation projects in the autonomous region to set up offices or project implementing agency.

    Chinese employees in these measures are in accordance with these rules is the employment of Chinese citizens engaged in international cooperation projects and activities.

    Fourth foreign and overseas Chinese Affairs Department of the autonomous region shall perform the following duties:

    (A) establish a pool of Chinese employee options and recommended alternatives to the employer personnel;

    (B) audit into the alternative library personnel's qualifications, conditions;

    (C) Guide and assist in the management of the project management unit of Chinese employees;

    (D) the related laws and regulations training for Chinese employees;

    (E) China employees to study abroad, study and training by the project management unit to the Foreign Affairs and overseas Chinese Affairs departments.

    Article fifth autonomous region human resources and social security, civil affairs, public security and other relevant departments, in accordance with their respective functions of Chinese employees to implement management and provide services.

    Article sixth project management unit shall perform the following duties:

    (A) is responsible for vetting the Chinese employee recruitment planning;

    (B) is responsible for the training of Chinese employees, management, and supervision;

    (C) responsible for the relevant information to the autonomous regions of the Chinese employees human resources and social security, Foreign Affairs and other authorities and the public security organ for the record.

    Seventh International cooperation project employee the employer shall, in accordance with regulations on the Chinese side to implement specific behavior management, in-service training for Chinese employees in accordance with project requirements and performance evaluation, and will assess the situation in the foreign affairs departments of the autonomous region.

    Article eighth Chinese employees subject to the following conditions:

    (A) 18 years of age, with full civil capacity;

    (B) compliance with national laws and regulations, not to endanger national security and undermine national unity and national unity criminal record;

    (C) to carry out activities related to project needs of the body condition, education and basic business skills;

    (D) has a good social ethics and professional ethics;

    (E) non-State agencies or institutions serving public officers, State-owned enterprise managers and the State secret personnel;

    (Vi) other shall satisfy the conditions specified in autonomous regions.

    Nineth voluntarily engaged in international cooperation projects and in accordance with the rules conditions of personnel, you can cover or recommended by the project management unit, by the Foreign Affairs Department of the autonomous region into Chinese employee options.

    Tenth hire Chinese employees in accordance with the following procedure:

    (A) employers of international cooperation projects based on project requirements the use of applications submitted to the audit project management unit;

    (B) the project management units to employ personnel, requirements and deadlines for review, submitted to the Foreign Affairs Department of the autonomous region;

    (C) the foreign affairs departments of the autonomous region from the Gallery of Chinese employee options provides options for employer engagement of personnel for international cooperation projects;

    (D) international cooperation project established by the employer according to recruitment plan, from foreign and overseas Chinese Affairs Department of the autonomous region for options selected in the hiring personnel.

    11th project management unit should the Chinese employees and international cooperation projects within 10 working days of the employers to sign labor contracts, relating to the State human resources and social security, Foreign Affairs and other authorities and the public security organ for the record.

    12th Chinese employees must abide by national laws and regulations, and consciously safeguard national security and interests, safeguarding national unity and ethnic solidarity, without harming national security and interests, acts that endanger national unity and national unity. 13th International cooperation projects employing unit shall, in accordance with national laws and regulations and the relevant provisions of the autonomous region, employee labor contracts with the Chinese side, specify the rights and obligations of both parties, agreed upon remuneration, working hours, rest, leave, social insurance and welfare benefits and other related matters.

    Payment shall not be less than the local minimum wage.

    14th International cooperation projects employing units need modification, rescission, termination of labor contracts, in accordance with the People's Republic of China labour contract law and other relevant regulations.

    15th International cooperation projects employing unit shall, in accordance with national laws and regulations and the relevant provisions of the autonomous region, to safeguard and maintain the legitimate rights and interests of Chinese employees, and accept the supervision and examination of human resources and Social Security Department of the autonomous region.

    16th international cooperation projects employing unit shall, in accordance with national laws and regulations and the relevant provisions of the autonomous region, to the local social insurance agency for registered and insured paid social insurance fees.

    17th international cooperation projects if an employer violates these rules without hiring Chinese employees, be warned by the foreign affairs departments of the autonomous region, and ordered its deadline for Chinese employees put in storage procedures; fails to handle and submit them to the international cooperation project approval authority to be the termination of the project activities, and no further cooperation projects with the relevant departments of the autonomous region.

    For violations of these rules without authorization to accept international cooperation projects employing units hire personal, project management units should be ordered within the time stipulated in the storage procedures; fails to handle, 3 years and then engaged in work related to international cooperation projects.

    18th Chinese employees in violation of the regulations, suspected of a crime, and transferred to the judicial organs according to law.

    19th under any of the following circumstances, be ordered by the competent foreign and overseas Chinese Affairs Department of the autonomous region project management units to correct within; it fails, and heads of the relevant departments investigate the main responsibilities:

    (A) international cooperation projects employing units hire Chinese employees options outside the library personnel;

    (B) the Chinese employees will be hired in accordance with this regulation to the relevant departments for the record;

    (C) is not required under this approach Chinese employees in overseas activities to the relevant departments for the record;

    (D) Chinese employee in the course of project implementation, of a violation of these rules. 20th these measures shall come into force on July 1, 2013. Hire Chinese employees has been accepted before the implementation of these measures must be within 3 months from the date of implementation of this approach to foreign affairs departments of the autonomous region with a replacement storage procedures.