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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(Chengdu municipal people's Government, on December 12, 2002, the 90th general meeting announced Chengdu municipal people's Government, on December 19, 2002, 93rd) Chapter I General provisions article in order to strengthen the management of labor and social security, expanding employment and promoting re-employment, adjusting industrial relation, regulate the order of labour market, protect the legitimate rights and interests of employers and workers, in accordance with the People's Republic of China labor law and related laws and regulations, Chengdu practice, these provisions are formulated.
    Within the provisions of this article apply to the administrative area of the city labor and social security administration.
    The provisions of article III of the said employer, is within the administrative area of the city of enterprise, institution, individual economic organizations and private non-enterprise units and State organs, social groups.
    Employers within the administrative area of the city and formed labour relations of workers, unemployed persons (hereinafter referred to as unemployed persons) as well as other persons employed, these provisions shall apply.
    Civil servants and civil service system management of personnel, in accordance with the relevant provisions of the State.
    Fourth market-oriented employment mechanism, the implementation of workers ' employment, market regulating employment and the Government promoting employment principles.
    To encourage State-owned enterprises laid off workers and the unemployed self-employed, entrepreneurial and part-time employment. Fifth of municipal labor and social security administrative departments in charge of the city labor and social security work, district (City) county administrative departments of labor security within their respective administrative areas of labor and employment and social security work.
    Administrative departments of labor security may entrust their management of employment services and social insurance agencies to undertake management of the labor and social security affairs.
    The relevant government departments as well as sub-district offices, town (village) in accordance with the relevant provisions of the respective responsibilities of the Government, and support trade unions shall safeguard the legitimate rights and interests of workers.
    Sixth chapter management an employer recruits staff, should be for the community to openly recruit shall independently decide to recruit personnel, manner, conditions and amount of time, no Department or unit may illegally interfere.
    State employment, employment in public institutions and the civil service system management of personnel, in accordance with the relevant provisions of the State.
    Seventh an employer recruits staff, recruiting personnel film should be developed, the local labor and social security administrative departments and public. Eighth an employer shall promptly report to the local administrative departments of labor security initiative gang, and accept null gang investigations.
    Employer gang and recruiting information, released through the labor market information network, Chengdu city.
    The Nineth in recruiting employees, the employer, except where the State provides appropriate in the trades or posts shall not be based on gender, age, nationality, race, religious beliefs to refuse to employ or to raise recruiting standards.
    National employer prohibits employing persons and prohibited acts when recruiting employees, in accordance with the relevant provisions. Tenth employers recruit skilled practitioners, should obtain the appropriate professional qualification certificate in personnel recruitment.
    Local training institutions have not been training skilled personnel, upon approval by the local labor and social security administration departments, recruit training, reach the occupational skills and work again. 11th to encourage employers hire workers laid off from State-owned enterprise workers and unemployed persons.
    An employer who employs workers laid off from State-owned enterprise workers and unemployed people, enjoy the national employment and Reemployment policies. The 12th after the employer hired the employee, should be in the 30th to enter into a labor contract in written form, establishment of an employment relationship. Provisions of the labor contract law required clauses, consultations may, in accordance with the agreed content.
    Part-time labor contract according to the provisions of article 18th, 19th, 20th provisions. A labour contract may be a probation period, within the probation period shall be included in the term of the labor contract.
    Probation of labor contract, the trial period is for the duration of the labour contract.
    Parts does not meet the statutory labour standards of the labour contract, the employer shall, in accordance with the statutory obligations of labor standards, and in accordance with the content of the employment contract does not meet the statutory labour standards be amended.
    13th article of the employer and the employee signed the labor contract agreed wages and employer actually paid to the employee's wage, determine, shall not be less than the current minimum wage. 14th an employer terminates the labor contract unilaterally shall first notify the Union in writing of the reasons or the worker and worker proof of termination or termination of labor relations and effective.
    Employer and the employee after termination or termination of labor relations, to the local labor and social security administration departments in the 7th.
    15th employer downsizing of the legal economy or scale, 30th or all the workers to the unions in advance, listen a reduction of personnel of resettlement programmes shall be adopted by the workers ' congresses or trade unions to discuss, report to the local labor and social security administration departments.
    Employers failing to pay retrenched staff labor contracts in economic compensation and failed to properly resolve their debt, not downsizing.
    16th worker has any of the following circumstances, the employer may discharge the labor contract: (a) serious violations of labor discipline, (ii) serious violations of the regulations of the employer, (iii) serious dereliction of duty, jobbery causes serious damage to the interests of the employer, (iv) other circumstances as stipulated by laws, rules and regulations.
    17th article State-owned enterprise laid off workers has following situation one of of, enterprise should law with lifted labor relationship: (a) received business license and has engaged in individual business half above or set up private of; (ii) has and new employing units has half above facts labor relationship of; (three) in Enterprise re-employment service center during has re-employment of; (four) and Enterprise re-employment service center signed of basic life guarantees and re-employment agreement expires of;
    (E) not attending Enterprise reemployment service centers or into enterprise reemployment service centers are to sign an agreement, it is time for 3 years.
    18th working part-time workers, the employer or the employer and the employee in written form or any other form of non-full-time labor contract; a party in writing, shall be in written form. Part-time labor contract the parties can work on working time, content, duration of work, remuneration and payment form and the employer agreed content such as business secret.
    Work of the period is not agreed in the contract, one party may notify the other party to terminate the labor relations. 19th hourly pay for part-time work, hourly wage, determined on part-time work, shall not be less than the minimum hourly wage rate.
    Wages paid at least once a month.
    Part-time work the minimum hourly wage established by the municipal labor and social security administration departments, announced after the approval of the municipal government. The employer or employers and workers shall participate in social insurance schemes according to law for part-time work.
    Specific way to pay social insurance fees separately.
    20th part-time workers during labor because of a work-related injury or occupational disease, the employer or employer shall apply mutatis mutandis to the work injury insurance assume responsibility.
    Chapter III employment and unemployment registered the 21st after an employer hiring should be since the date of hire in the 30th, to hire local labor and social security administration records and employment registration, and insurance procedures.
    22nd an employer employing migrant workers, should go to the local labor and social security administration departments for the employment permit, and to hire migrant workers from the date of 15th of the local labor and social security administration to recruit workers for the foreign officers employment permit registration and employment.
    23rd article unemployment personnel should since was employing units hired or engaged in individual business of day up 30th within, to its where street, and town (Xiang) labor guarantees work institutions for employment registration, make back unemployment card, by street, and town (Xiang) labor guarantees work institutions issued employment proved; on received unemployment insurance of unemployment personnel, stop received unemployment insurance, while stop other unemployment insurance treatment.
    Labor when they change jobs, should to I domicile Street and town (Township) labor and social security institutions for unemployment registration, receiving the certificate of unemployment. 24th article unemployment registration by following approach handle: (a) no employment experience of unemployment personnel, must holding I identity documents and original identity of about proved, and accept vocational education, and career training of related proved handle unemployment registration; (ii) has employment experience of unemployment personnel, must holding I identity documents and original work units issued of terminated or lifted labor relationship of proved, handle unemployment registration; (three) handle unemployment personnel of unemployment registration, by employing units or unemployment personnel I will unemployment personnel archives turned to street, and Towns (townships) labor and social security institutions. Street and town (Township) of labor and social security work agencies registered unemployed personnel files should be inventoried for safekeeping.
    Unemployed due to the army, education, migration, and when changes occur for other reasons, the original streets, town (village) labor and social security bodies should timely file transfer.
    The municipal and district (City) County streets, town (village) labor and social security agencies should establish a Records Management Center for unemployment, centralized management of archives of the unemployed. 25th unemployment has been registered unemployed persons should be within the specified time to the streets and town (Township) labor and social security institutions to report my job or employment situation.
    Unemployed without good reason, refuses to accept the labor employment service agencies described their work, and stop his unemployment insurance benefits.
    Not undergone unemployment registration of unemployed persons unemployed persons not included in the scope of management.
    Fourth chapter social insurance management unit of the 26th all shall pay social insurance premiums (hereinafter payer), social insurance registration formalities shall promptly, in full and on time payment of social insurance premiums.
    Worker shall pay social insurance fees, according to enjoy social insurance benefits.
    27th article following units and personnel belongs to paid basic pension premium of range, should respectively according to Chengdu city enterprise workers basic pension insurance social and manpower and personal account phase combined implementation approach and Chengdu City Government Office on adjustment town private and workers individual industrial and commercial households and employees free career personnel basic pension payment rates and payment base of notification of provides paid basic pension premium: (a) various town enterprise and workers;
    (B) implementing enterprise-style management of the institutions and their staff, (iii) private non-enterprise units and their employees; (d) the urban self-employed and employees with workers, not labor in cities and towns individually; (e) self-employed and freelance workers.
    28th article following units and personnel belongs to paid basic medical premium of range, should according to Chengdu city town workers basic medical insurance provisional approach paid basic medical premium: (a) various town enterprise and workers; (ii) State and staff; (three) institutions and workers; (four) private non-enterprises and workers; (five) social groups and full-time personnel; (six) has employees of town individual industrial and commercial households and employees, no employees of town individual industrial and commercial households;
    (G) the self-employed and freelance workers.
    29th article following units and personnel belongs to paid unemployment premium of range, should according to Sichuan province unemployment insurance Ordinance paid unemployment premium: (a) various town enterprise and workers; (ii) institutions and workers; (three) State in the of career prepared personnel and labor contract workers; (four) social groups and full-time personnel; (five) private non-enterprises and workers; (six) has employees of town individual industrial and commercial households and employees.
    30th all city enterprises and managed the institution within the scope of pay industrial injury insurance premium, Chengdu city, in accordance with the interim measures of industrial injury insurance for enterprise employees to pay industrial injury insurance.
    31st all urban enterprises, managed by public institutions, private non-enterprise units, towns individually with employees and their workers, urban self-employed and self-employed workers, and without workers freelance personnel, within the scope of pay maternity insurance premiums should be in accordance with the interim regulations on maternity insurance of enterprise staff in Chengdu city pay maternity insurance premiums.
    32nd and the employer terminates the labor relations personnel, restructuring and bankruptcy settlement payments self-employed persons should promptly to the local social insurance office to continue social security relationship continue social security payment years before and after the consolidation, as a basis for their social insurance benefits. 33rd employer non-urban residence and formed labour relations practitioners in employment in the non-urban residence registration and other practitioners should participate in the comprehensive social security, comprehensive social insurance contributions paid.
    Perform payment obligations of non-town household practitioners, by local social insurance handling institutions to Chengdu city non-town household practitioners social security card, enjoy following treatment: (a) injury compensation; (ii) mutatis mutandis this city town workers basic medical insurance of provides claims hospital medical fee; (three) male years full 60 age, and female years full 50 age Shi, one-time to old subsidies, standard for: personal account cumulative store amount and according to its payment years calculation of amount.
    Non-urban household in China did not meet the preceding paragraph (c) of age, leaving town or stop working, personal accounts by base pay a certain percentage of the total deposit amount returned to himself.
    Specific measures for non-comprehensive social security of urban household registration in China separately.
    34th article State, and institutions, and social groups in prepared waizhao with of has town household of staff and workers service personnel, units and I should by this provides 27th article, and 28th article, and 29th article, and 30th article, and 31st article of provides participate in social security, paid social security fee; in prepared waizhao with of non-town household staff and workers service personnel, units and I should by this provides 33rd article provides participate in integrated social security, paid integrated social premium. 35th toll due to operating conditions and other reasons, does not pay social insurance fees on time and in full, shall provide the financial statements and related documents and the payment unit and has the right to dispose of its property sector to make payment plans, management assessment and related warrants filing certificate of property rights to local administrative departments of labor security for application for holdover.
    About warrants shall timely pay property management Department for the record. Payment periods of up to one year. Holdover period, the payer may not transfer the property record.
    Record property shall be in accordance with the priority of payment of unpaid social insurance fees.
    Expiration of the payment, a payer is not according to the payment plan to pay the social insurance premiums or Elincs during transfer tax on property, administrative departments of labor security may apply to a court for mandatory enforcement according to law.
    Fifth chapter administrative departments of labor security supervision and inspection of the 36th article daily inspections, special inspection and annual inspection to supervise employer compliance with and enforcement of labor protection laws, rules and regulations, standardizing the labor market order, maintaining the lawful rights and interests of workers and employers.
    37th administrative departments of labor security in accordance with the labor security supervision and labor and social security during the annual roadworthiness inspection, the relevant employer and shall give assistance to objectively reflect the situation, issued shall not provide false information or forged travel documents, shall not misrepresent, conceal the situation shall not conceal, destroy the evidence, shall not be refused and obstructed inspections.
    38th the employing unit shall be governed by the relevant provisions on compliance with and enforcement of labor laws and regulations, admit hiring records and employment registration, conclusion and performance of the labor contract and pay social insurance fees, payment of wages and other conditions, received annual checks of the labor and social security. 39th article of any units and individuals for violations of the labor and social security laws and regulations, report to the right to complain to the administrative departments of labor security.
    The complaint, the administrative departments of labor security reporting and issues found in the labor security supervision, timely registration, investigation, be dealt with according to law. 40th labor and social security, finance, public security, industry and commerce, taxation, civil affairs, human services, education, construction, transportation, health, family planning and other departments should actively coordinate with labor, employment and social security and other aspects of work. In handle following matters Shi, employing units should submitted social security registration card and social insurance handling institutions issued of full paid social security fee of proved, related sector should for good registration; not to submitted of, related sector should will units name, and address, and statutory representative people name and phone, by months written told labor guarantees administrative sector: (a) enterprise, and individual industrial and commercial households license annual, and cancellation; (ii) community organization registration card annual, and change, and cancellation; (three) institutions organization institutions registration card annual, and change
    , Log off, and (iv) the certificate of registration of private non-enterprise units inspection, modification and cancellation; (e) the acquisition of licence applied for, inspection by car.
    41st sixth chapter legal liability if an employer violates the provisions of article seventh, the administrative departments of labor security correction and fined 1000 Yuan fine.
    The 42nd article tenth of the employer in violation of the provisions, the administrative departments of labor security in a warning, to order the employer time to personnel training, after obtaining the appropriate professional qualification certificates to posts, and fined 1000 Yuan fine; it refuses can be fined a maximum of 10000 Yuan.
    43rd article employing units violation this provides 13th article and 19th article first paragraph provides of, by labor guarantees administrative sector ordered deadline replacement workers minimum wage difference, and can ordered paid by owes minimum wage difference 20% to 100% of compensation gold; employing units refused to replacement minimum wage difference and refused to paid compensation gold of, labor guarantees administrative sector give warning, still not corrected of, sentenced owes pay minimum wage difference and compensation gold total 1 to 3 times times of fine.
    44th the employer in violation of the provisions set forth in the 14th, 21st, and fails to apply for termination or termination of labor relations record, hiring records and employment registration, the administrative departments of labor security rectification; it fails, can be fined a maximum of 1000 Yuan and 3000 Yuan.
    45th employer is in violation of the provisions of article 22nd, Chengdu city, the administrative departments of labor security in accordance with the provisions of the regulations on the management of migrant workers will be punished.
    46th employer failing to sign labor contracts or violation of the provisions of the 37th article, the labor Security Administration Department ordered corrective action and employers can be fined a maximum of 3000 more than 30000 Yuan to the employing unit heads and persons sentenced to less than 500 Yuan more than 5000 Yuan fine.
    47th article payment units not according to provides handle social security registration or not according to provides declared should paid of social premium amounts of, by labor guarantees administrative sector ordered deadline corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel can sentenced 1000 Yuan above 5000 Yuan following of fine; plot special serious of, on directly is responsible for of competent personnel and other directly responsibility personnel can sentenced 5000 Yuan above 10000 Yuan following of fine. Payment units forged, and variable made social security registration card and not by provides from personal wage in the generation buckle generation paid social security fee of, by labor guarantees administrative sector give warning, and can sentenced 5000 Yuan following fine; payment units refused to provides and paid social security fee about of employing situation, and wage table, and financial report, information of, should give warning, and can sentenced 10000 Yuan following fine; payment units not perform social security obligations and refused to implementation labor guarantees administrative sector issued of deadline corrected instruction book of,
    Can be fined a maximum of 30000 Yuan.
    48th labour and social security administrative departments and other government staff in violation of the provisions of the relevant administrative departments, not seriously perform their duties, negligence, malpractice, sanctions by his employer, constitutes a crime, criminal liability shall be investigated for their.
    The seventh chapter by-laws migrant workers in the 49th article of the rules are means habitual residence not in the Jinjiang District, qingyang district, Jinniu District, wuhou district, and Chenghua district, and high-tech development zone into the above-mentioned regional migrant workers or permanent residence is not in this city, other areas (City) County and into the area (City) County migrant laborers.
    The article 27th, 28th, 29th, 30th, 31st, alleged employees, workers, professionals, self-employed and employees, self-employed and freelance staff refers people with urban registered permanent residence in this city.
    50th part-time work in these rules refers to the employer or employer and employee to work hours as the unit of time employment forms.
    51st the provisions interpreted by the administrative departments of labor security and the development of implementing rules. 52nd these provisions come into force on January 1, 2003.
                                                                                                                    Municipal Government earlier released about labor and social security regulations are inconsistent with this provision, is subject to this provision.

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