Provisions Of Making Public The Affairs Of Enterprises In Liaoning Province

Original Language Title: 辽宁省企业厂务公开规定

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(March 31, 2006, Liaoning Provincial people's Government, the 58th Executive meeting on May 8, 2006, 194th promulgated by the people's Government of Liaoning province as of July 1, 2006) the first to safeguard in accordance with law, exercise of the right to participate in the democratic management of enterprises, safeguard the legitimate rights and interests of workers, according to the People's Republic of China Law on trade unions and the People's Republic of China labour law and other relevant laws and regulations, combined with the province, these provisions are formulated.
    Enterprise in the second province within the administrative area of the application of this provision.
    Openness of factory Affairs in these rules in article, refers to certain forms and procedures will involve workers ' labor rights and other matters of interest to the workers exposed to safeguard in accordance with law, exercise of the right to participate in democratic management system.
    Article fourth of factory Affairs shall abide by the laws, rules and regulations, in accordance with the consultations on an equal footing and contribute to safeguarding workers ' legitimate rights and interests and conducive to the healthy development of the enterprises and contribute to social stability principles.
    Fifth of provinces, cities and counties (including County-level cities and districts, the same below), Trade Union and Industrial Union (hereinafter parent) to guide the openness of factory affairs according to law and democratic supervision.
    Labor and social security, State-owned assets supervision and management and other relevant administrative departments within the statutory terms of reference, and democratic supervision work of making public the Affairs of parent support.
    Sixth enterprise legal representative or responsible person in accordance with the scope of the matters of clear public, taken way in conformity with the enterprises, organize and implement the work of making public the Affairs of enterprises.
    Trade Union law of democratic supervision of the work of making public the Affairs of enterprises.
    Article seventh should be guaranteed in accordance with law, the right to participate in the democratic management of enterprises, and to expose the truth of the matter from the trade unions, support trade unions carry out democratic supervision of factory affairs according to law and the exercise of the right of safeguarding workers ' legitimate rights and interests.
    Enterprise Trade Union and the workers shall comply with corporate law rules and regulations in support of legal representative or responsible person of the enterprise management according to the law, maintaining the order of the production and operation of enterprises.
    Article eighth enterprise trade unions and workers in violation of the provisions of the Act, the right to parent reports and complaints.
    Nineth on collective contracts conclude and implement matters pertaining to workers ' rights, enterprises must open to the workers. Tenth Article State-owned enterprise, and collective enterprise and holding enterprise of following matters, should to workers public: (a) medium-and long-term development planning, restructuring (containing merger, and Division), and restructuring, and joint venture, and cooperation, liquidation, and bankruptcy programme and major technology programme, major decision situation; (ii) production business profit and loss status and reasons, financial pre accounts, and engineering construction project of enrollment bid, production business management aspects of important situation; (three) enterprise led personnel of change and democratic comments situation, Middle management personnel and the important post personnel of hired situation; (four) plant, and factory to, and warehouse, real estate or equipment, movable of property changes situation and reason, and other claims, and debt of formed and changes situation; (five) social insurance of paid situation, workers housing policy, Provident Fund, and chest of management and using situation; (six) workers rewards and punishments, and training, and safety, important regulations of developed situation; (seven) legal, and
    Regulations should be reported to the workers ' Congress or staff Council be empowered to consider matters.
    Matters prescribed in the preceding paragraph is a commercial secret, and may be withheld.
    11th article State-owned enterprise, and collective enterprise and holding enterprise restructuring process in the, its following matters should to workers public: (a) workers layoffs, and shunt, and placed programme; (ii) lifted labor contract of compensation programme, social security gold and housing Provident Fund situation; (three) General Checkup on enterprise assets, and financial audit, and assets assessment, and property trading, and restructuring reserved gold situation, assets variable now returns and using situation, within owes debt reimbursement programme,; (four) restructuring programme in the involved workers labor interests content of implementation situation.
    12th article State-owned enterprise, and collective enterprise and holding enterprise take management layer acquisition way for restructuring of, its following matters should to workers public: (a) is responsible for developed restructuring programme of personnel and implementation assets assessment of intermediary institutions of situation; (ii) enterprise restructuring of public bidding programme; (three) on management layer of audit conclusion; (four) management layer acquisition of sources; (five) acquisition price paid situation, other about matters.
    13th on important matters concerning workers ' vital interests, it shall be representatives of the employees in the form of an open; establishment of trade union organizations should be adopted by the staff representatives and management consultation forms in conformity with the enterprise, be made public.
    Business can be set up in marked location and position fixed the factory Affairs open bar, or by the factory TV, broadcast, Internet, press, poster and other forms, on general matters relating to openness of factory Affairs public.
    14th openness of factory Affairs programme by trade unions or workers ' representatives determined in consultation with business, responsible person of the legal representative. To the legal representative of the enterprise trade union shall, without delay, person in charge feedback from employees on matters of making public the Affairs of the observations and recommendations.
    On the workers ' suggestions and recommendations, legal representative of the enterprise, heads should promptly study and respond, and accept the democratic supervision of the enterprise trade unions to the implementation and rectification.
    15th article enterprise has following case one of of, superior unions right to survey verified and requirements corrected; refused to corrected of, superior unions can recommends about administrative sector will the behavior as bad records into enterprise credit evaluation system, and can recommends County above Government and about sector law processing; to workers caused loss of, law give compensation; plot serious, has crime suspected of, law transfer judicial organ processing: (a) refused to law implemented factory works public, or refused to accept unions of democratic supervision of;
    (B) does not give to legal matters should be open to the public, resulting in serious social impacts such as workers ' group appealing to many times, and (iii) to false cheating employees; (d) shall perform their duties in the work of making public the Affairs of the Trade Union officials of retribution.
    16th article superior unions staff in factory works public democratic supervision work in the has following case one of of, by its where units or about sector depending on plot weight give administrative sanctions: (a) refused to accepted enterprise unions or workers of report and complaints of; (ii) on violation this provides of behavior not law corrected of; (three) interference enterprise production business activities of; (four) has other abuse, and engages in, and negligence behavior of.
    Article 17th institutions and private non-enterprise units covered matters of personal interest of the staff, reference to these provisions.
                                                                                                                      18th article of the regulations come into force on July 1, 2006.