Key Benefits:
(Adopted at the 29th ordinary meeting of the People's Government of Sus State on 18 May 2004, No. 52 on the date of publication of Government Order No. 52 of 19 May 2004) In accordance with the relevant provisions of the National People's Republic of China's Administrative Accreditation Act, it is now decided to amend the provisional approach to labour management in the industrial parks in the State of Sus State as follows: Amending article 5 as follows: “The labour authorities are responsible for organizing the labour force. The manual recruitment of staff by a person unit should be submitted in advance to the labour authorities. Article 11 should be amended to read: “The conclusion and modification of the labour contract shall be governed by the principle of equality of voluntary, consensual and shall not be in violation of the provisions of the law, legislation and regulations. A person unit and employee may enter into a labour contract in the light of the model labour contract provided by the labour authorities, and the text of a revised labour contract shall be presented to the labour authorities.” Delete article 36. In addition, the order of some provisions is adjusted accordingly in accordance with this decision. This decision is implemented from the date of publication. The provisional approach to labour management in the Sang State Industrial Parks was released in accordance with this decision. Annex: Provisional approach to labour management in the industrial parks in Sus State (Amendment (2004)) (Act No. 24 of 16 March 1997 No. 24 of the People's Government of Sus State of 19 May 2004 (Amendment No. 52 of the People's Government of Sus State) Chapter I General Article 1 establishes a new system of labour management that is adapted to the social and economic development of the sanctuary area and creates a favourable investment environment, in line with the National People's Labour Code, which combines the specific circumstances of the park area. Article II applies to enterprises in the area of planning for the parking area, individual economic organizations (hereinafter referred to as agents) and labour-related workers (hereinafter referred to as employees), State agencies, business organizations, social groups and workers associated with the establishment of labour contracts, and is implemented in accordance with this approach. Article 3. The Social Works Agency is the labour authority in the parking area (hereinafter referred to as the labour authority), which is responsible for the management of labour within the area of the gardens and provides a variety of services for the user units. Chapter II Article IV allows the self-employment of employees in accordance with the requirements for the production of business. Article 5 Labour authorities are responsible for organizing the coordination of the labour force. The manual recruitment of staff by a user unit should be presented in advance by the labour authorities. Labour employment within the area of parks should be established through human resources services established by the labour authorities. Human resources services should provide human resources information, career presentations, custody and transfer of staff files to the user unit, accept the recruitment of employees by the user's units and authorize other employment service functions by the labour authorities. Article VII should establish the Staff Registration Manual and the Staff Archives System. The Staff Registration Manual was issued by the labour authorities and the user unit was responsible for completing the identification. Article 8. Labour authorities should take measures to develop vocational training and be responsible for the organization of vocational skills assessment. There should be a system of vocational training, with special workers having a certificate-based induction system. Article 9. The user unit shall draw and utilize the specific requirements for the development of the skills of the employee in proportion to the total salary of the employee for vocational training. The labour authorities have oversight over the specific requirements for staff skills development, and specific management approaches are developed by the parking committees. Chapter III Labour contracts Article 10 establishes labour relations. The labour contract is an agreement between the employee and the user unit to determine labour relations and to clarify the rights and obligations of both parties. Workers and businesses may also enter into collective contracts on matters such as labour compensation, working hours, rest leave, labour safety and insurance benefits. Collective contracts may be entered into by trade union representatives with the user units; enterprises that do not have trade unions or by staff-driven representatives to enter into collective contracts with the user units. Article 11. The conclusion and modification of labour contracts should be guided by the principle of equality of voluntary, consensual and non-compliance with legal, legislative and regulatory provisions. A person unit and employee may enter into a labour contract in the light of the model labour contract provided by the labour authorities, and the text of a revised labour contract shall be presented to the labour authorities. Article 12 Labour contracts should be concluded in writing and their provisions should include the duration of labour contracts, the content of work, the protection of labour and the conditions of work, the compensation of work, the conditions for termination of labour contracts, and the responsibility to violate labour contracts. The parties may also consult on other elements. Article 13. Labour contracts may agree on probationary periods for a maximum period not exceeding six months. The duration of the labour contract is fixed, unlimited and completed. Labour contracts may be dismissed by consensus among the parties to the labour contract. Article 14. Terms of termination of the labour contract or agreed by the parties are terminated. Article 15 is one of the following cases where a person's unit can lift the labour contract: (i) Staff members were proved to be incompatible with recruitment standards during probationary periods; (ii) Staff members are in grave breach of the regulations established by law by the labour discipline or by the agent's unit, or are incapacitated or in private fraud, which undermines the interests of the agent; (iii) Staff are criminalized by law; (iv) The insolvency or dissolution of a person's unit by law; (v) Significant changes in the objective circumstances on which the labour contract is entered into, resulting in the inability of the former labour contract to perform and, in consultation with the parties, cannot reach agreement on changes in the labour contract; (vi) Employees are sick or not injured by work, and after the expiry of the medical period, they cannot be employed in the original service or otherwise arranged by the user unit. As a result of the resignation of a staff member in subparagraph (iv) (v), the person's unit shall be paid an economic compensation payment, which shall be paid at the time of the actual work of the employee's unit at the rate of one month's pay equal to a month's actual salary, up to twelve months. As a result of the resignation of a staff member in subparagraph (vi), a person's unit shall be paid a living allowance and a medical allowance. The standard of living benefits is the same as economic compensation. The medical benefits are determined by the duration of the work, which is less than five years, are paid to the real pay for the three months, and the real pay for more than five years is six months. More than six months of this unit's work, it is calculated by one year. The real wage base is calculated on the average monthly salary of the 12 months prior to the termination of the contract. Article 16 has one of the following conditions for the employee, and the person's unit shall not be removed from the labour contract: (i) A person who suffers from occupational illness or work injury is recognized to be fully or partially deprived of the labour capacity; (ii) The illness or injury and the duration of the prescribed medical period; (iii) Female workers during pregnancy, childbirth and breastfeeding periods; (iv) Other circumstances under the law, administrative regulations. In one of the following cases, the employee may at any time communicate the dismissal of the labour contract by the user unit: (i) During the probationary period; (ii) Forced labour by a person unit with violence, threat or unlawful means; (iii) A person's unit does not pay for labour or provide labour conditions in accordance with a contract agreement; (iv) Other conditions under labour contracts. Any party to the labour contract requires the removal of the contract within the contract period of the contract and, in addition to article 15 (i) (ii) (iii) and article 17, must notify the counterpart in advance. In addition to article 17, the employee's unilateral dismissal of labour contracts during the contract period shall be compensated by the user unit and the compensation shall be specified in the labour contract and shall be compensated in accordance with the contract. The labour contract is not clearly defined and, according to the difference between the actual working hours and the contract period, every one year is compensated for the monthly wage. The calculation of real wages is governed by article 15. Article 20 presents serious difficulties in the event of an insolvency during a statutory reorganization or in the production of the operation, and requires a reduction in the number of personnel, which should be presented to trade unions or to all employees in advance, with the advice of trade unions or employees and, after reporting to the labour authorities, a reduction of personnel. The reduction of staff by the user unit in accordance with the previous paragraph should be given priority to the use of the reduced staff within six months. Chapter IV Working hours and rest leave Article 21 imposes a system of work of 40 hours per week by a person unit. For the employees who perform the salary, the unit of the person shall, in accordance with the preceding paragraph, make reasonable determination of the amount of its work and the criteria for payment. The extension of working hours by a person's unit shall be in accordance with the relevant laws, regulations and, in accordance with the relevant provisions, pay the employee's excess pay. Article 23: Staff leave shall be arranged in accordance with the law for the period following: (i) Jordan, one day; (ii) spring, three days leave; (iii) International Labour Day, one day; (iv) The festival, 2 days; (v) Other holidays provided for by law, regulations. Article 24 gives female employees less than 910 maternity leave. Specific approaches are implemented in accordance with relevant national provisions. Article 25 Employees have paid annual leave for more than one year of continuous work. Specific approaches are implemented in accordance with relevant national provisions. Chapter V Article 26 establishes a salary guide to the salary policy composed of representatives of the relevant functional departments of the Management Committee, representatives of user units and employees representing the Tripartite Commission, which is based on national macro-monitoring policies, productivity development, market competition, inflation, etc., and provides guidance on the level of wages, which is published by the labour authorities of the parked area for reference by the user units. Article 27 establishes the level of wages of this unit, internal distribution relations and the form of distribution, in accordance with the terms of salary. Article 28 provides for basic social insurance, including maternity, old-age, housing and unemployment, and is implemented by a unit in accordance with the scheme of charging. Other areas administered by the Parks Management Committee may be implemented in accordance with the State's existing social security system, in accordance with the scheme of public deposit management. Article 29 obligations of a user unit to establish a work injury and occupational injury insurance for employees and to establish additional insurance for employees, depending on their economic capacity. Article 33 Staff illness or non-worker injury requires a cessation of long-term treatment and a medical period of three months to twelve months, in accordance with its length of working hours. Article 31 should create conditions to improve collective welfare and improve the welfare of workers. Chapter VI Article 32 requires the establishment, maintenance of a labour safety and health system, strict enforcement of national labour safety health protocols and standards, and the provision of labour safety education for employees, prevention of labour accidents, reduction of occupational hazards and labour protection. Article 33 Safety of sanitation must be in line with national standards, and new construction, alteration, construction and expansion of labour safety facilities must be designed in conjunction with overall works, accompanied by construction, inspection and inputs for production. Article XIV must provide workers with labour safety conditions and necessary labour protection supplies consistent with the State's requirements, and workers engaged in occupational hazards should conduct regular health inspections. Article 33 fifier units should establish a system for reporting on accidents and occupational diseases and safety, health-related information, archives, accidents and accidents to be reported within 24 hours; and death accidents must be reported within 12 hours. Article 36 Production manager of a person's unit should have labour safety, health expertise or professional training organized by the labour authorities. The special labour protection of women employees and minors is governed by the Labour Code of the People's Republic of China and the relevant legislation. Chapter VII Labour management in engineering contracts Article 338 performs units of various construction works within the area of parks and their employees must accept labour management by the labour authorities of the parking area. The total contractor performing the work within the area of parking shall exercise strict labour management for the employees of the enterprise and subcontractors. All employees involved in the work, including those directly recruited by the contractor or employed by the subcontractor, are not discriminated against in the implementation of labour management provisions. The overall contractor should assume the rights and obligations of all employees involved in the work. In subcontracting, the overall contractor should use labour management as a subcontractor's contract and, when it found any violation of the provisions of labour management, the contractor should not reject the responsibility or obligations under any pretext. Chapter VIII Labour disputes Article 40. Labour disputes arise between the user unit and the employee, and the parties should consult as much as possible or apply for mediation, arbitration, prosecution. Addressing labour disputes is fundamental to mediation. Article 40 establishes a Labour Dispute Arbitration Commission composed of representatives of labour authorities, trade union representatives and economic management, and the labour authorities represent the Director. Trade union Article 42, in accordance with the Law of the People's Republic of China and the Trade Union Act of the People's Republic of China, employees of a human unit are entitled to participate in the law and to organize trade unions. Article 43 establishes trade unions for employees of the unit of the owner and shall make written requests to the Federation of Trade Unions in the parking area. The Trade Union Confederation, after application, consulted with the unit's employees in accordance with conditions and approved by law the establishment of trade unions. Article 44 Trade unions at all levels of the gardens should operate in accordance with the Trade Union Act of the People's Republic of China, organize employees in various labour competitions, undertake public-level rationalization recommendations, technological innovation and technical collaboration activities, increase labour productivity and economic benefits of the user's units, and play an active role in creating a favourable investment environment, establishing harmonious labour relations. Article 42 should receive advice and proposals from trade unions and employees of this unit, as required by the Labour Code of the People's Republic of China. Chapter X Labour inspection Article 46 oversees the implementation of the provisions of labour management, in accordance with the Labour Inspectorate. Any individual or unit of article 47 is entitled to report to the labour authorities on any question that violates the provisions of labour management. Article 488 is obliged to assist the labour authorities in accessing the Unit's Staff Registration Manual, the Labour Archives and related labour management, health and safety-related materials to provide copies of the materials. Article 49 employees and managers of the unit of the person are obliged to receive on-site investigations or telephone queries from the labour authorities and to answer questions. Where the labour authority is required to investigate the situation of the employee or to request a employee to attend the site, the unit should be assisted. Article 50, when necessary, the labour authorities may issue a notice of labour oversight inquiries to employees of the user unit or the unit and request that they submit written replies to the labour authorities within 10 days of receipt. Article 50 states that inspectors of the labour authorities should be given evidence of law enforcement in the exercise of their official duties, discover any violation of this approach, have the right to immediately halt or make corrective opinions and, if necessary, to make the Administrative Punishment Decision. Article 52, the Inspector General of the Labour Authority, when investigating the use of the unit, should be confidential. Chapter XI Article 53 punishes the parties in the light of the gravity of the situation. Individuals who constitute crimes are brought to justice by law. Article 54, in breach of article 16, is modified by an act of responsibility by the labour authorities; liability for compensation should be borne in respect of injury to employees. Article 55 provides for fraud in the recruitment of employees under article 4, paragraph 5, with prompt corrective action, and imposes a fine of between 5,000 and 10000. Article 56, in violation of article 32, article 34, article 33, article 35, article 35, reads as follows: In violation of article 33, a fine of $100,000 to $300,000 was imposed. In the event of a serious situation, the labour authorities will draw the decision of the District Management Committee to suspend the maternity leave. Article 57 is incompatible with the administrative penalties imposed by the parties against the labour authorities and may apply to the District Council for administrative review or prosecution to the People's Court by law. Chapter XII Article 58 refers to “special types of work” as described in this approach to the types of work that have a significant impact on the safety of operators themselves and others and surrounding facilities. There are 10 types of work types: (1) Electrical work; (2) The stoves; (3) The operation of the pressure container; (4) Strike operation; (5) Extrample operations; (6) The metal welding to operate (mobourg); (7) Was test for coal mines; (8) motor vehicle drivers; (9) motor ships driving, rotary operators; (10) Construction of a high-level operation. Article 59 of this approach refers to a manual for the registration of employees from the user unit, such as names, sex, residence, job (working) and salary income. Article sixtieth of this approach refers to the adverse labour conditions, which are not completely overcome, resulting in a disease from workers. Article 63 refers to the letter of reference to a labour inspectorate referred to by the labour authorities to a unit of the user or to the employee of the unit, which requires it to respond to a matter of labour management within a certain period of time or to a particular aspect. Article 62 states in this approach “Administrative penalties decision” and refers to written material sanctioned by the labour authorities for acts committed by a person's unit or employee in violation of the labour administration. The question of the specific application of this approach is explained by the Committee on Plant Management. The parking management committee may establish rules and regulations based on this approach. Labour management in other areas administered by the Parking Zone Management Committee is implemented in the light of this approach. Article 64 of this approach has been implemented since 1 September 199. |
