Suzhou Industrial Park, Suzhou Municipal People's Government On The Revision Of The Labor Of The Interim Measures For The Administration Of The Decision

Original Language Title: 苏州市人民政府关于修改《苏州工业园区劳动管理暂行办法》的决定

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(May 18, 2004 Suzhou municipal people's Government at the 29th Executive meeting on May 19, 2004 the Suzhou municipal government released 52nd come into force on the date of promulgation) under the People's Republic of China relevant provisions of the law on administrative licensing, decisions on interim measures for the administration of labour in the Suzhou Industrial Park as follows: first, the fifth is amended as: "labour authorities are responsible for organizing the labour force.
    Employer recruiter brochures should be reported to the Labour Department for the record in advance. " Bis, the 11th is amended as: "the conclusion and revision of labour contracts shall follow the principle of equality, voluntariness and unanimity, shall not violate the provisions of laws and regulations. Employers and employees can refer to the Labour Department to provide labor contract labor contract, conclusion, alteration of labor contract shall be reported to the Labour Department for the record.
    "Third, by deleting article 36th.
    In addition, under the provisions of this decision on the part of the order is adjusted accordingly.
    Purposes from the date of publication of this decision.
    Interim measures for the administration of labour in the Suzhou Industrial Park, in accordance with this decision be revised and republished. Attached: Suzhou Industrial Park labor management provisional approach (2004 amendment this) (March 16, 1997 Suzhou Government 24th, makes released May 19, 2004 Suzhou Government 52nd, makes Amendment) first chapter General first article for strengthening Suzhou Industrial Park (following referred to Park) labor management, established and Park social, and economic development phase adapted of new labor management system, established enterprise and employees Zhijian harmony of labor relationship, created good of investment environment, according to
    People's Republic of China labor law, combined with the Park's specific circumstances, this approach is formulated.
    Second approach applies to park planning area within the enterprise, individual economic organizations (hereinafter referred to as the employer) and the formation of workers in labour relations (short staff), State organs, institutions, social organizations and established the labor contract with workers, in accordance with these rules.
    Article Park is Park community career Labor Department (hereinafter referred to as the Labor Department) responsible for labor-management work within the Park, and for the employer to provide a variety of support services.
    Chapter staff hired and trained fourth employer according to production needs, can independently determine the units of organization, staffing and recruitment, independent recruitment. Article fifth labour authorities are responsible for organizing the labour force.
    Employer recruiter brochures should be reported to the Labour Department for the record in advance. Sixth zones within the scope of employment through labour authorities established by the human resources service agencies.
    Human resources service agencies must provide human resources for employers information, placement, custody and transfer services such as employee records, being engaged by an employer recruiting and employment services can be authorized by the labour authorities to exercise other functions. Seventh an employing unit shall establish the employee handbook for registration and file system.
    The employee handbook for registration by the Department of Labor issued, the employer is responsible for filling out for future reference. Article eighth Labor departments should take various measures to develop vocational training, responsible for organizing the vocational skills examination and assessment work.
    The employer shall establish a system of vocational training, special types of implementation of the certified system. Nineth employer should be proportional to the employee wages must be extracted and the use of special funds for employee skills development, vocational training for employees.
    Labor Department supervision management of special funds for employee skills development, specific management measures shall be formulated separately by the Park Management Committee. Chapter III article tenth labor contracts to establish labour relations labour contract shall be concluded.
    Labor contracts is the employee and the employer determine the labor relationship, specify the rights and obligations of both parties of the agreement. Workers and enterprises can also be remuneration, working hours, rest and vacation, labor safety and health, social insurance and welfare matters, conclude a collective contract.
    Collective contract may be entered into by a trade union representing the employees and the employer; absence of a trade union of the enterprise, and also by the staff representatives of the collective contracts with the employer. 11th the conclusion and revision of labor contract shall follow the principle of equality, voluntariness and unanimity, shall not violate the provisions of laws and regulations.
    Employers and employees can refer to the Labour Department to provide labor contract labor contract, conclusion, alteration of labor contract shall be reported to the Labour Department for the record. 12th a labour contract shall be concluded in written form, its provisions shall include the term of the labor contract, content of work, labour protection and working conditions, remuneration, discipline, and termination of labor contract conditions, liability for breach of contract and other content.
    Consultation can also agreed by the parties. 13th labour contract can be probation, probation shall not exceed six months.
    Term of a labor contract has a fixed duration, fixed-term or to complete certain work for the term.
    By consensus by the Labor Party, may terminate the labor contract.
    14th expiry of contract or the parties mutually agreed termination of the labour contract conditions, the labor contract shall be terminated. 15th article has following case one of of, employing units can lifted labor contract: (a) employees in probation was proved not meet recruitment hired standard of; (ii) employees serious violation discipline or employing units law developed of regulations, or dereliction of, and commits, on employing units interests caused damage of; (three) employees was law held criminal of; (four) employing units law bankruptcy or dissolved of; (five) labor contract made Shi by according to of objective situation occurred major changes, The original labor contract can not be carried out, by the parties cannot reach agreement on the revision of labour contracts, and (vi) employee illness or non-work-related injuries, after the expiry of medical, not original work or work by the employer. Paragraph (d) (e) dismiss a staff member, the employer shall be given to financial compensation, according to employees at the employer's actual work experience for each full year of the indemnity to the amount of one month's take-home pay, but not more than 12 months. Subsection (f) dismiss a staff member, the employer shall be given to living subsidies and Medicaid. Standard of living standards and economic compensation. Medicaid to work longer to determine standards, less than five years of work, sent to me three months ' take-home pay, for more than five years for six months ' take-home pay.
    Working in this company for more than six months but less than one year, calculated according to the year.
    Take-home wage base for the 12 months prior to the termination of the contract the average monthly take-home pay.
    16th article employees has following case one of of, employing units shall not lifted labor contract: (a) in this units patient occupational or injury was confirmed completely or part lost labor capacity of; (ii) sick or wounded, in provides of medical period within of; (three) female workers in pregnancy, and perinatal and the lactation within of; (four) legal, and administrative regulations provides of other case.
    17th under any of the following circumstances, employees may notify the employer terminates the labor contract: (a) during the trial period, (ii) the employer by means of violence, intimidation or illegal forced labour, (iii) the employer fails to pay remuneration or provide the working conditions agreed upon in the contract; (d) the employment contracts under other circumstances.
    18th labor contract either party's request to terminate the contract during the contract period, in addition to 15th (a) (ii) (iii), and 17th in the case, must give written notice to the other party. 19th only 17th in the case, employees of unilateral termination of labor contract during the contract period, employers should be given compensation, the compensation in the employment contract explicit provisions, compensation under the contract. Not explicitly stated in the labor contract according to the actual working hours and calculated as the difference between the contract and compensation for every one year a monthly take-home pay.
    Calculate take-home pay by the 15th article.
    20th an employer failing to statutory consolidation or serious difficulties in production and management, it needs to reduce its personnel should be 30th in advance to the Trade Union or staff to explain the situation, listen to the views of the Trade Union or the employees, after they have been reported to the Labor Department, can downsizing.
    Staff reductions in the employer pursuant to the preceding paragraph, again in six months hired staff, shall give preference to employees by. The fourth chapter working hours, rest and leave 21st employer imposed 40 hours a week at work.
    The implementation of piece rate employee, the employer shall, in accordance with the preceding paragraph, reasonable determination of its quota and piece-rate pay standards.
    22nd an employer work longer hours shall comply with the relevant laws and regulations, and pursuant to the relevant provisions to pay the employee overtime pay.
    23rd the employer he shall arrange holidays for its workers in the following festivals: (a) new year's day, vacation day; (b) the Spring Festival vacation 3rd; (c) the international labour day, vacation day; (d) the national day vacation 2nd (v) other holiday prescribed by laws and regulations. Article 24th female employees to maternity enjoy maternity leave of not less than 90 days.
    Specific measures according to the relevant State provisions. 25th employee for more than one year of continuous service, right to paid annual leave.
    Specific measures according to the relevant State provisions.
    The fifth chapter of wages, insurance and welfare 26th the zones established by the Management Committee of the Department representative, the employer representative and employee representative tripartite wage wage guidelines of the policy of the guidance Council, the Governing Council under the State macro-control policy, productivity growth, market competition, inflation and other factors, formation of wage guidelines, published by the Park Department of labor, for employers ' reference. 27th an employer reference wage guidance shall independently determine the wage levels, internal distribution and distribution form.

    Article 28th of the Park Reserve includes medical (including childbirth), pension, housing, unemployment, social security, employer in accordance with park management measures.
    Park Management Committee is responsible for the management of other regions, according to the current national social security system, conditional Township Provident Fund may, in accordance with park management measures.
    29th the employer has the obligation to build industrial accident and occupational disease insurance, and shall consider their economic capacities, and other supplemental insurance for their employees.
    Article 30th employee illness or non-work-related injury, requires long-term treatment stopped working, according to the length of the employing unit to have a three-month to 12-month period.
    31st an employer shall create conditions to improve collective welfare and raise workers ' welfare.
    32nd of the sixth chapter security, health the employer must establish and improve the system of occupational safety and health, strict implementation of the national occupational safety and health regulations and standards, occupational safety and health education to employees to prevent occupational accidents, reduce occupational hazards, protection at work.
    Article 33rd labour safety and health care facilities must conform to the State standards, new construction, renovation or expansion projects of occupational safety and health facilities must be the overall project design, construction, inspection and used in production simultaneously.
    34th the employer must comply with national regulations for staff of the labour safety and health conditions and necessary labour protection articles, for employees engaged in hazardous jobs should be regular health checks.
    35th an employer shall establish a casualty accident and occupational disease statistical report processing system and safety and health related information, archive, work-related accidents must be reported within 24 hours of occurrence; accidents must be reported within 12 hours of death.
    36th unit production manager should have labor safety and hygiene expertise or labor departments of professional training.
    37th on women and the special protection of minors, in accordance with the People's Republic of China labor law and relevant laws and regulations.
    Seventh chapter in engineering contracts 38th labor management undertook a variety of construction projects in the park range of employers and their employees have to accept Park Labor Department of labor management. 39th in the Park general contractor to undertake the project should be within the scope of the enterprise staff and subcontractor employees strict labor management. All staff involved in the project (including the directly employed by the contractor or are employed by subcontractors) in the implementation of labor regulations on an equal footing. General Contractor shall nevertheless be liable for all staff involved in the project of labor management rights and obligations.
    General contractors subcontract labor management as a subcontract should be content when subcontracting occurs when any act of violation of the provisions of the labor-management, the General Contractor shall not be liable for any excuse or obligations. Eighth chapter 40th labor disputes between employer and employee labor dispute, should be resolved through consultation by the parties, may also apply for mediation, arbitration and litigation.
    Labor disputes, mediation as the basic principle.
    41st, existence of a labour dispute arbitration Committee, composed of representatives of the Labour Department, composed of representatives of trade unions and representatives of the Department of Economics and management, representative of the Labour Department Director.
    42nd Nineth trade unions in accordance with the People's Republic of China labor law and the People's Republic of China Law on trade unions, employer's employees shall have the right to participate in, to form trade unions.
    43rd employer employees to form trade unions, shall apply in writing to the Federation of trade unions in the zones.
    Federation of trade unions after the receipt of the application, consult with the staff, qualified, approved the establishment of trade unions according to law.
    44th zones trade unions at all levels shall, in accordance with the People's Republic of China Law on trade union activities, organizing various emulation, mass character rationalization proposals, technological innovation and technical cooperation activities, improve the employer's labour productivity and economic efficiency, in order to create a good investment environment, establish harmonious labor relations, to play an active role.
    45th the employing unit shall, in accordance with the People's Republic of China labor law requirements in research to identify the unit wages, benefits, labor protection, social security and other vital interests of employees issues, listen to the views and suggestions of the trade unions and staff.
    Tenth chapter article 46th Labor Department of labour inspection in accordance with the regulations on the labour inspection is responsible for overseeing the implementation of the provisions of the labor-management.
    47th article of any individual or for violation of any of the provisions of the labor-management issues, right to the labor authorities to explain the situation, report it.
    48th the employer has an obligation to assist the labor authorities review this unit the employee handbook for registration, work files and materials relating to labor-management, health, safety, provide copies of the material for the record. 49th the employer's employees and managers, have the obligation to accept the Labor Department investigation or call, and answer the questions.
    Labor Department if you need to investigate employee or an employee, the employer shall provide assistance.
    50th labor authorities may, if necessary to the employer or the staff of the unit ordered the labour inspection notice of inquiry, within its 10th after receiving a request made to the Labour Department in writing.
    51st a Labor Department inspectors should be documented in the performance of law enforcement, any acts in violation of these measures has the right to immediately halt or the correct opinion and, if necessary, may be issued as the written decision of administrative penalty.
    52nd Labor Department inspectors investigating employer situation, involving the secret it shall be kept confidential. 11th 53rd chapter penalties a contravention of these measures, Park labor authorities according to the circumstances, parties will be punished.
    To constitute a crime according to law transferred to judicial organs for handling.
    54th employer violates article 16th, by the Department of labor shall order rectification of damage to employees shall bear the compensation responsibility.
    55th employer, fifth article of fraud in recruitment activity, apart from the outside shall be ordered to correct, to harm, a fine of 5000 to 10000 Yuan in fines. 56th employer violations of the 32nd, 34th and 35th article, apart from the outside shall be ordered to correct, and a fine of 10000 Yuan fine. Violate the provisions of article 33rd, impose a fine of 10000 to 30000 Yuan.
    In serious cases, Labor departments will be brought to the Park Management Committee decision shall be ordered to suspend production for rectification.
    57th of labour administrative departments of the parties refuses to accept the punishment, to the Park may, in accordance with the Management Committee may apply for administrative reconsideration or bring a lawsuit. 12th chapter supplementary articles 58th article this way, the term "special type", refers to the operator himself and others in and around major hazard facilities security jobs.
    Special jobs of range has 10 class: (1) electrical job; (2) boiler fireman; (3) pressure container operation; (4) lifting mechanical operation; (5) blasting job; (6) metal welding (cutting) job; (7) coal mine Xia gas test; (8) mobile vehicles driving; (9) mobile ship driving, and turbine operation; (10) building ascended erection job.
    59th herein, the term "employee handbook for registration", refers to the employer's employees, such as your name, gender, address, position (job), wages and the registration Handbook.
    60th article this way, the term "occupational disease" means is not completely overcome the adverse working conditions, and workers produce a lesion.
    61st article this way, the term "labour inspection inquiry notice" refers to the Department of labor assigned by the employee to the employer or the unit, its labor-management within a certain period of a reply or an aspect of the notice.
    62nd article this way, the term "administrative punishment decision letter" refers to the Department of labor for employers or employees for violation of labor management regulations of the Act on the punishment of written material. 63rd to specific problems in the application of these measures, by the Park Management Committee is responsible for the interpretation.
    Park Management Committee can be based on these measures, formulate implementing rules and regulations.
    Park Management Committee is responsible for the management of labour management in other areas, in accordance with the measures implemented.
                                    64th these measures shall come into force on March 1, 1999.