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Chengdu City Labor And Social Security Interim Provisions Governing The Management

Original Language Title: 成都市劳动用工和社会保险管理暂行规定

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(Conference No. 93 of the Decree No. 93 of 19 December 2002 of the Government of Metropolitan People)

Chapter I General
Article 1, in order to strengthen labour and social security management, expand employment and promote re-employment, regulate labour relations, regulate labour market order, protect the legitimate rights and interests of user units and workers, develop this provision in line with the People's Republic of China Labour Law and relevant legislation.
Article 2
Article 3 refers to the enterprise, business units, individual economic organizations, non-commercial units and State organs, social groups within the present municipal administration.
This provision applies to the user units within the city's administration and to workers who are working with them, the unemployed in towns (hereinafter referred to as unemployed) and other persons already employed.
The civil service and the reference to the management of the civil service are implemented in accordance with the relevant national provisions.
Article IV improves market-led employment mechanisms and implements the principle of the self-employment of workers, market regulation of employment and government promotion of employment.
State-owned enterprises are encouraged to self-employment, entrepreneurship and non-time employment.
Article 5 The Labour Security Administration may entrust the employment service management and social insurance agencies with specific services for labour and social security management.
The Government's authorities, as well as the street offices, town (communes), perform their respective duties in accordance with the relevant provisions and support trade unions to defend their legitimate rights and interests under the law.
Chapter II
Article 6. Applicants should be directed at the public admission of the society and determine, by law, the time, manner, conditions and quantity of the personnel to be recruited, and any sector and unit shall not be subjected to unlawful interference.
The State organs recruit civil servants and those who take advantage of civil service management, in accordance with the relevant provisions of the State.
Article 7. The recruitment of personnel by a user unit shall be accompanied by a brief chapter of the solicitation staff, which will be presented and made public.
Article 8. The use of air conditioners and the information of recruiters was published through the Urban Labour Market Information Network.
Article 9. When recruiting personnel, the user unit shall not reject the recruitment or promotion of the criteria on the basis of sex, age, ethnicity, race, religion or belief, in addition to the State's provision for work or employment that is not appropriate.
The State provides for the prohibition of the recruitment of persons and the recruitment of persons, in accordance with the relevant provisions.
Article 10 Practitioners should be admitted to technical practitioners from the same professional qualifications certificate. For technical workers who have not yet been trained by local training institutions, retraining may be offered before approval by the local labour security administration to meet the corresponding vocational skills requirements.
Article 11 encourages the use of State-owned enterprises to recruit and unemployed persons. The use of State-owned enterprises to recruit and unemployed persons has benefited from the State-mandated employment and re-employment support policy.
Article 12 When the worker is registered by the user unit, the labour relationship shall be established within 30 days in writing with it. The labour contract may, in addition to the mandatory provisions of the law, agree on other elements in accordance with the law. The non-time labour contract is implemented in accordance with article 18, article 19, article 20 of this provision.
The labour contract may agree on a probationary period with the duration of the probationary period. The labour contract only agreed on the probationary period, which was the duration of the labour contract.
Parts of the labour contract are not in accordance with statutory labour standards, and the owner's unit should assume its obligations under the statutory labour standards and amend the content of the labour contract in accordance with the statutory labour standards.
Article 13. The wages and the actual payment of wages to workers by a person's unit and the worker's labour contract shall not be lower than the current minimum wage set by this city.
Article 14. After the termination or dismissal of labour relations between the user unit and the worker, the local labour security administration should be filed within 7 days.
Article 15. Educer units perform economic or scale reduction personnel under the law and shall be briefed and heard by trade unions or by all workers on 30 June; the reduction of the separation of staff is subject to discussion by the General Assembly of Employers or the Employer's Congress to submit a local labour security administration case.
The unit does not pay, in accordance with the law, the economic compensation paid by the reduced person for the dismissal of the labour contract and the failure to properly resolve its debt.
Article 16 Labour workers have one of the following cases, and the unit of the person may lift the labour contract:
(i) Serious violations of labour discipline;
(ii) Serious violations of the regulations of the user units;
(iii) Serious negligence, private fraud and significant damage to the corporate interests of the user;
(iv) Other cases provided for by law, regulations and regulations.
Article 17 has one of the following cases in State-owned enterprises, and the business shall be free of labour relations by law:
(i) To receive business licenses and to engage in private businesses for more than half a year of personal operation;
(ii) The fact-finding relationship with the new user unit for more than half a year;
(iii) Re-employment during the enterprise re-employment service centre;
(iv) Basic living guarantees and re-employment agreements concluded with the Business Renewal Employment Services Centre;
(v) No business re-employment service centre or a business re-employment service centre agreement was signed for three years.
Article 18 Workers engaged in part-time work, a person's unit or an employer shall enter into a full-time labour contract in writing or in other form by the worker; a written form by the party shall be used in writing.
The parties to the non-time labour contract may agree on the terms of labour time, the content of work, the duration of work, the payment of labour and the form of payment, and the commercial secrets of conservative units. The labour contract does not agree on the duration of the work, one of which may at any time communicate the termination of the labour relationship.
Article 19, non-first-time work, which is calculated on a hourly basis, shall not pay less than the minimum hour wage for non-time work determined by this city. The salary is paid at least once a month.
The minimum hour salary rate for non-time work is established by the municipal labour security administration and is published after the approval of the municipal government.
Workers who use a person's unit or employer, as well as part-time workers, shall participate in social insurance by law. Specific approaches to paying social insurance are developed separately.
Workers who are not working on a full-time basis should assume the corresponding responsibility in the labour process for work injury or for occupational illnesses.
Chapter III Employment and unemployment registration
Article 21 shall be registered by the local labour security administration for the record-keeping and employment registration and for social insurance procedures within 30 days of the date of publication.
Article 22 provides for ex-worker workers by a user unit and shall be subject to the local labour security administration to conduct an engineering certificate and, within 15 days of the date of the recruitment of ex-worker workers, to the local labour security administration to conduct the employment certificate of external workers and employment registration.
Article 23. The unemployed persons shall be registered in their streets, town (communication) labour security institutions for employment on 30 days from the date on which they are registered by the user's units or engaged in their individual operations, returning to the unemployment certificate, from the streets, town (community) labour security agencies to pay employment certificates; unemployment insurance payments for those who receive unemployment insurance payments, and other unemployment insurance treatment.
When workers migrate to unemployment, they should be registered with job security agencies in the streets of their families, town (communes) working in the town, and unemployment certificate.
Article 24 Registration of unemployment is governed by:
(i) unemployed persons without employment experience are required to obtain the relevant testimony of their own identity documents and their status, as well as to receive vocational education, vocational training, to register unemployment;
(ii) Job unemployed persons with employment experience are subject to registration of unemployment, such as termination of their own identity documents and proof of labour relations, etc.;
(iii) The unemployment registration of unemployed persons, which is transferred to streets, town (communication) labour security institutions by a person's unit or an unemployed person. Labour security institutions in streets, town (communes) should register records of unemployed persons registered and be kept in custody. In the event of spikes, reciprocation, relocation and other reasons, the labour security institutions in the former streets, townships (communes) should handle the transfer of archives in a timely manner.
The municipal and district (commune) districts and the street, town (communication) labour security institutions should establish a job-management centre for unemployed persons and centrally manage the files of unemployed persons.
Article 25 unemployed persons who have been registered with unemployment shall report to the workplace, town (communication) labour security agencies within the prescribed time. The unemployed were not justified by refusing to accept the work of the labour-service agency to stop their unemployment insurance treatment.
Unregistered unemployed persons are not included in the management of unemployed persons.
Chapter IV Social security management
All units that should pay social insurance contributions (hereinafter referred to as payment units) should be processed in a timely manner and pay social insurance contributions in full.
The worker shall pay social insurance contributions in accordance with the provisions of the law.
Article 27: The following units and persons are covered by the payment of basic old-age premiums, and shall pay basic old-age premiums in accordance with the Delivering Scheme for the Integration and Integration of the Basic Insurance Society for the Workers of Tropical Enterprises with the Personal Account, and the Executive Office of the Metropolitan People's Government on the adjustment of basic old-age rates and contributions base payments for private enterprises in towns and their employees and their self-employed workers:
(i) Various towns and their employees;
(ii) The establishment of the enterpriseized management unit and its employees;
(iii) Civil service units and their employees;
(iv) Individuals of the town and their employees who have been employed and do not have the employment of the individual business and industry;
(v) Self-employed and free occupation personnel.
The following eighteen units and persons are covered by the payment of basic health insurance expenses, which shall be paid in accordance with the provisional scheme for basic health insurance for the workers of the city.
(i) Various towns and their employees;
(ii) National organs and their staff;
(iii) Factors and their employees;
(iv) Civil service units and their employees;
(v) Social groups and their dedicated personnel;
(vi) Individuals of the urban and private sectors with the employment of the employed workers, as well as their employees, who are not employed in the town's own businesses;
(vii) Self-employed and free occupation personnel.
The following units and persons are covered by the payment of unemployment insurance contributions, which shall be paid in accordance with the Sichuan unemployment Insurance Regulations:
(i) Various towns and their employees;
(ii) Factors and their employees;
(iii) Providers and labour contract workers in State organs;
(iv) Social groups and their dedicated personnel;
(v) Civil service units and their employees;
(vi) Individual commercial and industrial workers and their employees who are employed.
Article 33
Article 31, all types of town enterprises, the establishment of a business-administered business unit, the non-commercial unit of the civil service, the individual businessmen and their employees who have been employed, the self-employed and self-employed workers and the self-employed and free occupational personnel, are covered by the payment of maternity insurance contributions, and shall pay maternity benefits in accordance with the provisional scheme for maternity insurance for commercial enterprises.
Article 32 Persons who are employed with the dismissal of labour-related personnel and enterprise insolvencies shall be allowed to receive self-employed employment in a timely manner by local social insurance agencies to re-establish social insurance relations and to co-calculate the annual payment period before and after the extension of social insurance relations as a basis for social insurance treatment.
Article 33 Refrains and non-commune practitioners working with them and other non-commune practitioners working in the city should participate in integrated social insurance and pay comprehensive social insurance in full and on time. Non-communities practitioners who fulfil their obligations of pay are given the following treatment by local social insurance agencies to the Social Insurance Cardage of Tropical Workers in Tropical Ecology:
(i) Compensation for work injury;
(ii) Reimburse inpatient medical expenses, mutatis mutandis, for basic medical insurance for workers in the city;
(iii) When males reach 60 years of age and 50 years of age, a one-time allowance is paid to old-age benefits, which are based on the cumulative stock of the individual accounts and the amount calculated on the basis of the annual payment rate.
Non-client practitioners do not meet the age set out in paragraph (iii) of the previous paragraph, leave the city or stop the business, and the accumulated stock in the individual accounts is returned to themselves in proportion to the contributions base.
Specific approaches to comprehensive social security for non-commercial practitioners have been developed.
Article 34 State organs, utilities, social groups and workers who have been employed in the production of ex-cruited personnel and workers, units and themselves shall participate in social insurance in accordance with article 27 of this provision, article 28, article 29, article 31, article 31 and article 31, and shall pay social insurance contributions;
Article 33 fifiers, for example, are not able to pay their social insurance in full on time, should provide financial statements and related proof materials and make payment plans by the paying unit and the agencies that have the right to dispose of their property, subject to the property rights certificate of the assessment and the related licensor management, to the local labour security administration. The property reserve for the contributory units should be processed in a timely manner.
The period of return is up to one year. During the recuperation period, the contributory unit shall not transfer the property that has been submitted. The property in the case should be paid as a matter of priority by law for social insurance payments.
As a result of the rowing period, the contributory unit has not yet paid its social contribution in full or transferred the property in question at the time of the payment, and the labour security administration can apply to the enforcement of the People's Court in accordance with the law.
Oversight inspection
Article XVI guarantees the executive branch, inter alia, by conducting regular inspections, special inspections and annual inspections, to monitor compliance and enforcement of labour security laws, regulations and regulations, in accordance with the law, to regulate the labour market order and to preserve the legitimate rights and interests of workers and agents' units.
Article 337, when the Labour Security Administration conducts a labour security inspection and labour security review under the law, the relevant user units and persons shall be provided with assistance, if any, without false information or false testimony, and shall not be false, concealed and shall not conceal, destroy the relevant evidence and deny and block the inspection.
Article 338 units shall be subject to annual labour security inspections in accordance with the relevant provisions in respect of compliance and enforcement of labour guarantees legislation, recruitment of vouchers and registration of employment, signing and enforcing labour contracts, payment of social insurance, payment of wages.
Any unit or individual who violates the labour security laws and regulations shall be entitled to submit a complaint to the labour security administration. The Ministry of Labour Guarantees should register, investigate and deal with the issues identified in the labour security inspection in a timely manner.
Article 40. Labour guarantees, finance, public safety, business, tax, civil affairs, personnel, education, construction, transport, health, family planning and other sectors should be actively aligned with work in such areas as labour use, promotion of re-employment and social insurance. In the event of the following matters, a person's unit shall submit a certificate of payment of social insurance contributions in full by the Social Insurance Registration and Social Insurance Agency, which shall be registered in the relevant sector, and if not submitted, the relevant departments shall notify the labour security administration in writing, by month, of the name, address, names of the legal representative and telephones:
(i) The annual inspection, write-off of licences for business of enterprises, individuals and businesses;
(ii) The organization of registration certificates, changes, write-offs;
(iii) The annual inspection, change and write-off of certificates by the organization of the cause;
(iv) The registration, modification and write-off of a certificate by a non-commercial unit;
(v) The acquisition of small automotives, which are subject to annual inspections.
Chapter VI Legal responsibility
Article 40 states that a person's unit is in breach of article 7 of this provision and is subject to a fine of 1000.
Article 42, in violation of article 10 of the present article, was warned by the Labour Guarantee Administration that the time limit for the person concerned was to be trained and that the corresponding vocational qualifications certificate could be subject to a fine of up to 1,000 dollars; and that the refusal would be subject to a fine of up to $100,000.
Article 43, in violation of article 13 and article 19, paragraph 1, of the present article, adds the minimum wage gap to workers by the Labour Guarantee Executive Order and may be charged with paying the difference of the minimum wage of between 20 and 100 per cent; the person's unit rejects the payment of the minimum wage gap and rejects the payment of compensation, the Labour Guarantees Administration has given warnings that it is not correct and imposes a fine of the difference and the amount of the award.
Article 44 of this article violates article 14, article 21, article 21 of which stipulates that no registration of the labour relations clearance, voucher and employment is registered at the time of termination or dismissal, and that the time limit of the executive order of the labour security administration is being changed; and that it is not later rectified, a fine of up to $3000 million may be imposed.
Article 48 fractures in violation of article 22 of this provision by the Labour Security Administration to punish them in accordance with the provisions of the Regulations on the Management of Foreign Workers of Metropolitan.
Article 46 does not enter into a labour contract by law or in violation of article 37 of this provision, and is corrected by a labour security administration and may impose a fine of up to $300,000 for the user unit and impose a fine of up to $50 million for the head of the unit and the person directly responsible.
Article 47 provides that the amount of social insurance contributions that are not registered in accordance with the provisions of the social insurance or that are not paid in accordance with the provisions of the regulations shall be changed by the time limit of the executive order of the labour security administration; in the event of a serious nature, a fine of up to 5,000 dollars may be imposed on the direct responsible supervisors and other direct responsibilities; in exceptional circumstances, a fine of more than 5,000 dollars for the direct responsible and other direct responsible personnel.
The contributory unit has refused to provide information relating to the payment of social insurance contributions, the salary scale, the financial statements, etc., should be warned and punished with a fine of up to $100,000 from the personal wage; the payment unit does not fulfil its social security obligations and reject the execution of the labour security administration's deadline orders, which are punishable by a fine of $300,000.
Article 48 guarantees staff members of the executive branch and other relevant executive branches of the Government to perform their duties in violation of this provision, refrain from playing a serious role, neglecting, favouring private fraud, and administrative disposition by their units, which constitute a crime and hold their criminal responsibility under the law.
Chapter VII
Article 49 of the present provision refers to workers or permanent households who have entered the above-mentioned regional work in other parts of the city (commune) where they are not located in the Jijiang region, the Blue Skills, the Waqf, the Wiving Zone and the high-new technology development area.
Article 27, article 28, article 29, article 39, article 31, article 31, employment, full-time personnel, self-employed and free occupational personnel, and their employees, refer to practitioners who have the origin of the town.
Article 50 of the present provision refers to work performed on a full-time basis as a result of an agreement between a user unit or an employer and the worker to serve as a form of work for the working hours.
Article 50 provides that the executive branch of the municipal labour security shall be interpreted and applied.
Article 52 Previously issued labour and social security management provisions by the municipality are inconsistent with this provision.