(Jin [2006]No. 104)
The 69th mayor's office meeting of the Municipal People's Government passed and approved the Opinions of the Municipal Labor and Social Security Bureau, the Municipal State-owned Assets Supervision and Administration Commission, and the Municipal Finance Bureau on the overall placement of employees of three types of enterprises and their withdrawal from the market according to law, which are hereby forwarded to you.
Tianjin Municipal People's Government?
On February 6th, 2006/KLOC-0, the three types of enterprises were placed as a whole.
Opinions of employees and withdrawal from the market according to law
In order to deepen the reform of state-owned enterprises, protect the legitimate rights and interests of employees, and promote enterprises that do not have the survival conditions to withdraw from the market according to law, this opinion is formulated in accordance with the Enterprise Bankruptcy Law of the People's Republic of China and other laws and regulations, combined with the organization and implementation of the Interim Measures for the Overall Resettlement of Employees of State-owned Enterprises in Tianjin (J.F. [2004] 108) and other related documents. I. Scope of enterprises that have withdrawn from the market according to law The scope of enterprises that have withdrawn from the market according to law is: policy bankrupt enterprises listed in the national plan (hereinafter referred to as "planned bankrupt enterprises") and enterprises that have been legally recognized bankrupt by the Municipal State-owned Assets Supervision and Administration Commission, the Municipal Labor and Social Security Bureau and the Municipal Finance Bureau (hereinafter referred to as "unplanned bankrupt enterprises"). And difficult enterprises that have withdrawn from the market in accordance with the Interim Measures for the Overall Relocation of Employees of State-owned Poor Enterprises in Tianjin (hereinafter referred to as "enterprises that have withdrawn from the market" and collectively referred to as "three types of enterprises" above). Second, the guiding ideology and working principles are guided by Deng Xiaoping Theory and Theory of Three Represents. Establish and implement the Scientific Outlook on Development in an all-round way, conscientiously do a good job in the overall placement of employees in three types of enterprises and the withdrawal of enterprises from the market, deepen the reform of state-owned enterprises, promote economic restructuring, realize industrial optimization and upgrading, and improve the quality and efficiency of enterprise assets. Adhere to the people-oriented principle, make overall arrangements for employees of enterprises through trusteeship and diversion, and completely solve the debts owed by enterprises to employees. On this premise, organize three types of enterprises to withdraw from the market according to law. Strive to basically complete the withdrawal of 10 18 three-level enterprises from the market within three years from 2007 to 2009. Adhere to the democratic decision-making procedures of enterprises, give full play to the role of workers' congresses and trade unions, effectively protect the democratic rights and interests of workers, and strive to maintain social stability. The municipal group companies and all districts and counties should establish three types of enterprise employee custody service centers (hereinafter referred to as "custody centers"), which are responsible for the management and service of employees entering the custody centers. Three, the proper placement of all employees of enterprises, municipal group companies and districts and counties should organize three types of enterprises to properly place all employees, strictly implement policies to ensure the legitimate rights and interests of employees. (1) Management and service of retired cadres. Municipal group companies and all districts and counties shall be responsible for the management of retired cadres and their survivors of three types of enterprises in accordance with the provisions of the General Office of the Municipal Party Committee and the General Office of the Municipal Government on forwarding the opinions of the Organization Department of the Municipal Party Committee, the Bureau of Retired Veteran Cadres, the Municipal Finance Bureau, the Personnel Bureau and the Labor and Social Security Bureau, and the Opinions of the Municipal State-owned Assets Supervision and Administration Commission on Further Improving the Management and Service of Retired Cadres of State-owned Restructured and Bankrupt Enterprises in Our City (No.200614). According to the standard of 60 thousand yuan per person, the municipal government gives a one-time subsidy to the municipal group companies and districts and counties for the management service fee of retired cadres. (two) the management and service of retired workers. All retirees from three types of enterprises enter the trusteeship center. Three types of enterprises shall reserve housing subsidies and heating subsidies for retirees in accordance with relevant regulations. The medical insurance benefits of enterprise retirees who originally participated in the basic medical insurance enterprises will remain unchanged, and shall be implemented in accordance with the Interim Measures for the Overall Diversion and Resettlement of Workers in State-owned Poor Enterprises in Tianjin. Enterprise retirees who originally participated in serious illness co-ordination and did not participate in medical insurance enjoy the treatment of serious illness co-ordination medical insurance. Outpatient medical treatment shall be formulated by the Municipal Labor and Social Security Bureau in conjunction with the Municipal Finance Bureau and implemented after being approved by the municipal government. (3) Streamlining the living security for retirees in the 1960s. Three types of enterprises should reserve subsidies for the living difficulties of retired workers in the 1960s to ensure their basic livelihood in accordance with the requirements of the Notice on Adjusting the Subsidies Standards for Living Difficulties of Retired Workers in the 1960s (No.[2005] issued by the Bureau of Labor and Social Affairs14/KLOC-0). (4) Living security for retirees. Three types of enterprises should reserve living expenses for early retirees according to the relevant policies of our city to ensure their basic livelihood. (five) the loss of labor ability and work-related injuries disabled workers living security. Employees with work-related injury grade 1-6 identified by the labor appraisal committee as completely incapacitated or mostly incapacitated and disabled will enter the trusteeship center for management. According to the minimum living standard of urban residents in our city, the trusteeship center pays basic living expenses on a monthly basis, and gives old-age pension and corresponding medical insurance subsidies according to the minimum payment base of social insurance. The required social insurance premiums and basic living expenses are paid from the re-employment funds. Employees with work-related injuries ranging from 7 to 10, who are 50 years old for men, 40 years old for women or 30 years of service, enter the trusteeship center and enjoy relevant policies. The enterprise may terminate the labor relationship with the disabled employees from Grade 7 to 10 who do not meet the above conditions, and pay the resettlement fee or economic compensation, one-time work-related injury medical subsidy and disability employment subsidy according to the regulations. (6) Placement of registered employees. Planned placement of employees in bankrupt enterprises. When the enterprise goes bankrupt, the employees who joined the work before 1984 will be given a one-time resettlement fee according to the regulations. The standard is calculated according to the average monthly salary of employees in this city in the previous year, and 1 year is given 1.5 months salary, with a maximum salary of 36 months; For the employees under labor contract who join the work after 1984, economic compensation shall be paid according to their working years in this enterprise. The standard is to pay economic compensation to 1 month for every work 1 year, with a maximum of 12 months. My monthly salary standard refers to the average monthly salary of 12 months before the termination of the labor contract under the normal production conditions of the enterprise. If the average monthly salary of employees is lower than the average monthly salary of the enterprise, it shall be paid according to the standard of the average monthly salary of the enterprise. If the average monthly wage of an enterprise is lower than the minimum wage, it shall be paid according to the minimum wage. According to the Notice of the State Council on Issues Related to the Trial Bankruptcy of State-owned Enterprises in Several Cities (Guo Fa [1994] No.59), employees who are less than five years away from retirement age and meet the conditions for early retirement may retire early upon their own application. Workers who have reached the age of 50 for men and 40 for women or have worked for 30 years may voluntarily enter the trusteeship center, encourage flexible employment and enjoy social insurance subsidies, but their resettlement fees or economic compensation shall be deducted. Employee placement of unplanned bankrupt enterprises and enterprises that have withdrawn from the market. Workers who have reached 50 years of age for men, 40 years of age for women or 30 years of service, if they have a receiving unit, will be handed over to a new employer; If there is no receiving unit, in principle, it will be managed and served by the trusteeship center, encourage flexible employment, enjoy social insurance subsidies and no longer pay economic compensation. Employees who do not meet the above conditions will be paid economic compensation equivalent to 1 month's salary for every full year of working in this unit. The standard of economic compensation refers to the average monthly salary 12 before the termination of the contract under normal production conditions. If the average monthly salary of employees is lower than the average monthly salary of enterprises, it shall be paid according to the standard of average monthly salary of enterprises. If the average monthly wage of an enterprise is lower than the minimum wage in our city, it shall be paid according to the minimum wage. (seven) to solve the debts owed by enterprises to employees. Three types of enterprises should revitalize effective assets, raise funds through multiple channels, and properly handle employee debts. The assets realized by the enterprise shall be used to pay the resettlement fees or economic compensation, wages owed to employees, fund-raising, pensions, disability subsidies, funeral expenses, unplanned pensions, provident funds and other debts, and earnestly safeguard the legitimate rights and interests of employees. (eight) to encourage enterprises to absorb and employees to choose their own jobs. Encourage employers to accept three types of enterprise employees. If the service-oriented receiving unit signs a labor contract with employees for more than 1 year, social insurance subsidies will be given according to the current policy; If a non-service receiving unit signs a labor contract with employees for more than 3 years, the receiving unit will give a one-time subsidy according to the standard of 5,000 yuan per person. Subsidy funds are paid from re-employment funds. Employees who terminate labor relations in three types of enterprises meet the requirements of Tianjin Unemployment Insurance Regulations and enjoy unemployment insurance benefits. Encourage employees to choose their own jobs, and give unemployment insurance benefits a one-time payment, but the longest payment shall not exceed 12 months, and at the same time give him a subsidy of 3,000 yuan for starting his own business. Subsidies are paid from the unemployment insurance fund. Fourth, properly handle the arrears of social insurance for enterprises and employees. When transferring labor relations and social insurance relations, employees of three types of enterprises shall make up the social insurance premiums owed by enterprises and themselves. If it is really difficult to pay in arrears, it shall repay the personal account of the employee's old-age insurance in arrears, and calculate the unemployment insurance premium owed by each person who enjoys unemployment insurance benefits. Medical insurance premiums owed by enterprises shall be implemented in accordance with the notice of the municipal government on printing and distributing the provisions on strengthening the registration of social insurance and the collection and payment of social insurance premiums (No.7/KLOC-0 [2005] of Tianjin Law). The remaining social insurance arrears of three types of enterprises, which belong to planned bankrupt enterprises or unplanned bankrupt enterprises, can be written off after the application of the group company, the audit of the labor and social security department, the audit of the financial department and the approval of the municipal government; If it is a delisting enterprise, and the funds are really difficult, the enterprise can make a repayment plan, and after the enterprise withdraws from the market, it shall be handled in accordance with the relevant regulations. V. Liquidation of Enterprise Assets and Handling of Creditor's Rights and Debts Actively clean up enterprise assets such as land, factory buildings and equipment, actively raise funds through various effective ways, and properly arrange laid-off workers. In strict accordance with the relevant provisions of the Measures for the Administration of State-owned Assets Appraisal (Order No.91of the State Council), the Interim Measures for the Administration of the Transfer of State-owned Property Rights of Enterprises (Order No.3 of Ministry of Finance of State-owned Assets Supervision and Administration Commission of the State Council), the Interim Measures for the Administration of State-owned Assets Appraisal of Enterprises (Order No.1 12 of State-owned Assets Supervision and Administration Commission of the State Council), financial audit, asset appraisal and on-site planning of bankrupt enterprises and unplanned bankrupt enterprises, Entrusted by the bankruptcy liquidation group, the assets appraisal institution recognized by the Municipal State-owned Assets Supervision and Administration Commission and the Municipal Finance Bureau conducts appraisal, and the appraisal results are reported to the two departments for confirmation. The appraisal value is used as the reserve price and transferred according to law through auction, bidding and other means. The land use right legally obtained by the planned bankrupt enterprise is sold by auction or bidding, and the proceeds from the sale are first used to resettle employees. The remaining funds after the placement of employees shall be uniformly included in the bankruptcy property distribution plan with other bankruptcy properties. The right to use state-owned land obtained by unplanned bankrupt enterprises through allocation is not included in bankruptcy property. In addition to the effective mortgage, after the enterprise enters the bankruptcy proceedings, the bankruptcy liquidation group will hand over the land to the enterprise group company for transfer, and the transfer proceeds will be used as the source of realizing the assets of the enterprise, and all of them will be used to resettle the employees. Enterprises that withdraw from the market should actively realize all the assets of the enterprise, and the funds obtained should be given priority to the placement of employees. Seal up assets that cannot be realized. For the land that has been included in the land acquisition and reserve plan of our city, the land acquisition fee shall be paid to the enterprises that have withdrawn from the market. The land of the three types of enterprises should be transferred according to national laws and actual conditions. The income from land realization, after deducting the land transfer fee, is all used to resettle employees, and all taxes and fees in the process of land transfer and real estate transfer are exempted. The creditor's rights and debts of the three types of enterprises shall be disposed of in accordance with the Interim Measures for the Overall Diversion and Resettlement of Employees of State-owned Poor Enterprises in Tianjin and other relevant regulations. The source of the cost of overall arrangement for employees of enterprises in intransitive verbs The cost of overall arrangement for employees of bankrupt enterprises in the plan shall be solved from the income from the transfer of land use rights, the realization of assets and other funds. If the bankrupt enterprise mortgages the land use right, the proceeds from the transfer shall also be used for the resettlement of employees first. If the payment is insufficient, the insufficient part shall be paid in turn from the proceeds from the disposal of unsecured property and mortgaged property. If the proceeds from the auction of property of bankrupt enterprises are still insufficient to resettle employees, they shall be borne by the people's government at the same level. The expenses for unplanned bankrupt enterprises and enterprises that have withdrawn from the market to co-ordinate the placement of employees are mainly solved by funds such as land realization and other assets realization income. If the enterprise's realized assets are not enough to resettle the diverted employees, it shall be solved by the group company's own funds. There is still a gap in funds, and appropriate subsidies are given from the city's re-employment funds according to the policy. The main items of subsidies are: after examination, according to the standard of up to 6000 yuan per person, economic compensation subsidies are given to employees who terminate labor relations; According to the standard of 2000 yuan per employee, subsidies will be given to projects that guarantee the basic life of individuals, such as arrears of wages of employees and pensions outside the overall planning. The remaining gap funds are raised by the group company. After giving the above two subsidies, if there is still a gap in the funds of unplanned bankrupt enterprises, after examination, the competent department of the enterprise and the municipal finance will each bear 50%, and the funds will be transferred to the designated account at the same time. Approved by the Municipal State-owned Assets Supervision and Administration Commission, the Municipal Labor and Social Security Bureau, and the Municipal Finance Bureau, the districts and counties listed in the city's three types of enterprises to withdraw from the market plan belong to the three types of enterprises. According to the subsidy standards of municipal enterprises, 70% of counties and districts are subsidized from the city's re-employment funds, and 90% of counties and districts with financial difficulties are subsidized. Seven. Management of funds and assets All municipal group companies and districts and counties should manage the funds and assets of the three types of enterprises in a unified way, adjust the surplus and deficiency among the three types of enterprises, and ensure the cost of the three types of enterprises withdrawing from the market. Municipal group companies and district/county trust centers should set up account books, and set up special accounts such as housing subsidies for retirees, heating subsidies, subsidies for streamlining retirees' living difficulties, retirement living expenses for retirees, funds for realizing assets, financial subsidies, etc. according to the needs of work and the nature of funds, and centrally and uniformly account for all funds and expenses such as management, service and reservation of all trustees. The financial department of the municipal group company and the designated department of the district/county government should set up special account books for assets, and centrally seal up the assets that all enterprises fail to realize, and conduct unified management and accounting. The enterprise land acquired by the municipal land consolidation and acquisition center can be repurchased by the municipal group company as a whole. Eight, strengthen organizational leadership, strictly regulate the operation (a) to strengthen organizational leadership. The municipal government set up a leading group for three types of enterprises to withdraw from the market, with the municipal leaders as the leader, the main leaders of the Municipal State-owned Assets Supervision and Administration Commission, the Municipal Finance Bureau, the Municipal Labor and Social Security Bureau and the Municipal Bureau of Land and Housing Management as the deputy heads, the Municipal State-owned Assets Supervision and Administration Commission and the Municipal Finance Bureau in charge of the leadership, and the Municipal Labor and Social Security Bureau, the Municipal Bureau of Land and Housing Management, the Municipal Administration for Industry and Commerce and the Legislative Affairs Office of the municipal government as member units. There is an office under the leading group, which is jointly operated by the Municipal State-owned Assets Supervision and Administration Commission, the Municipal Finance Bureau, the Municipal Labor and Social Security Bureau and the Municipal Bureau of Land and Housing Management. The county governments and the competent committees of enterprises with heavy tasks should set up corresponding leading groups and their offices to be responsible for organizing three types of enterprises to withdraw from the market. Implement the responsibility system for three types of enterprises to withdraw from the market. District and county governments, relevant commissions and group companies are responsible for the overall resettlement of employees of the three types of enterprises and their withdrawal from the market according to law to ensure the stability of enterprises and society. (two) strictly implement the procedures for three types of enterprises to withdraw from the market according to law. The declaration, approval and operation procedures of planned bankrupt enterprises and unplanned bankrupt enterprises shall be implemented in accordance with the Notice of the State Council on Issues Related to the Trial Implementation of Bankruptcy of State-owned Enterprises in Several Cities and the Supplementary Notice of the State Council on the Trial Implementation of Bankruptcy of State-owned Enterprises and Re-employment of Employees in Several Cities. And the Notice of the General Office of the State Council on Forwarding the Opinions of the National Leading Group for Enterprise Merger and Bankruptcy and Re-employment on Further Improving the Policy Closure and Bankruptcy of State-owned Enterprises (Guo Ban Fa [2006] No.3). The declaration, examination and approval and operation procedures of enterprises that have withdrawn from the market shall be implemented in accordance with the Interim Measures for the Overall Diversion and Resettlement of Employees of State-owned Poor Enterprises in Tianjin. In order to protect the legitimate rights and interests of employees, implement democratic decision-making according to law and strengthen democratic supervision, the formulation and implementation of the overall resettlement plan for three types of enterprises shall be subject to the system of pre-examination, approval and audit, that is, the three-trial system, and the specific measures shall be implemented in accordance with the Interim Measures for the Overall Resettlement of Employees of State-owned Poor Enterprises in Tianjin.
Tianjin Municipal Bureau of Labor and Social Security? Tianjin Municipal People's Government State-owned Assets Supervision and Administration Commission Tianjin Finance Bureau? 20061/kloc-0 was promulgated by Tianjin municipal government on May 5th and implemented on February 6th, 2006 (local regulations).