Text of official document:
Notice on doing a good job in the basic living security and reemployment of laid-off workers from state-owned enterprises
Party committees and people's governments of provinces, autonomous regions and municipalities directly under the Central Government, party committees of major military regions, ministries and commissions of central and state organs,
Central Military Commission Headquarters, Party committees of various services and arms, and people's organizations:
In recent years, the problem of laid-off workers in state-owned enterprises has become increasingly prominent, which has aroused widespread concern in the whole society. The CPC Central Committee and the State Council have always attached great importance to and cared about the livelihood and reemployment of laid-off workers, and explicitly requested party committees and governments at all levels to take active measures to effectively protect the basic livelihood of laid-off workers and vigorously implement the reemployment project. Through the joint efforts of party committees, governments and all walks of life at all levels, the basic living security and re-employment of laid-off workers have achieved certain results.
However, we must also be soberly aware that the situation we are facing is still grim, and the task of ensuring the basic livelihood and reemployment of laid-off workers from state-owned enterprises is still very arduous. At present and in the future, in order to ensure the realization of the reform goal of state-owned enterprises put forward by the 15th National Congress of the Communist Party of China and complete the strategic adjustment of the layout of state-owned economy, we must take further effective measures to ensure the basic living security and re-employment of laid-off workers in state-owned enterprises.
To this end, we hereby notify you as follows:
Party committees and governments at all levels should fully realize that the phenomenon of a large number of laid-off workers in recent years is an inevitable reflection of the employment system and employment policy implemented under the planned economy in the process of economic transition, and it is also the result of repeated construction, blind construction and deep-seated contradictions in enterprise management mechanism for many years. We must go through such a historical process to establish a socialist market economic system and a modern enterprise system.
In the long run, with the deepening of reform, the progress of science and technology and the adjustment of economic structure, the corresponding adjustment and flow of labor force will also occur frequently. It will take about three years to extricate most large and medium-sized state-owned loss-making enterprises from their predicament and promote a virtuous circle of national economic development. An important condition is to effectively solve the problem of overstaffing in enterprises.
Although this will bring temporary difficulties to some workers, fundamentally speaking, it is conducive to economic development and all-round social progress, in line with the long-term interests of the working class. At the same time, we must fully realize that it is not only a major economic issue, but also a major political issue to properly solve the basic living security and re-employment of laid-off workers from state-owned enterprises; It is not only a realistic and urgent problem, but also a long-term strategic problem.
Doing this work well is not only the essential requirement of the socialist system, but also the responsibility of the party and the government. It is related to the success or failure of state-owned enterprise reform, social stability and the consolidation of socialist political power. Therefore, we must focus on the overall situation of reform, development and stability, enhance our sense of urgency and responsibility, take all necessary measures to do this well, and create a good social environment for realizing the cross-century grand blueprint put forward by the 15th National Congress of the Communist Party of China.
2 clear objectives and tasks, strengthen macro-control. According to the overall arrangement of the reform of state-owned enterprises, and taking into account the bearing capacity of all sectors of society, the central government requires that at present and in the future, we should mainly solve the basic livelihood guarantee and re-employment problems of laid-off workers in state-owned enterprises, and take ensuring their basic livelihood as the primary task, and strive to achieve that the number of re-employment exceeds 50% of the number of newly laid-off workers in that year.
Strive to use about five years to initially establish a social security system and employment mechanism that meets the requirements of the socialist market economic system. All regions and relevant departments (industries) should adhere to the guiding ideology of being serious and responsible, from each according to his ability, focusing on key points and strengthening regulation and control, formulate practical work plans around the implementation of the above objectives and tasks, and clarify specific objectives and requirements, so that this work can be carried out in an organized and planned way.
At the same time, we should adhere to the principle of combining downsizing and increasing efficiency with promoting re-employment, and the laid-off workers should adapt to the social affordability, grasp the rhythm of enterprise merger and bankruptcy, and strengthen macro-control. It is necessary to standardize the procedures for laid-off workers and establish a system for reporting and filing laid-off workers. Enterprises should fully consider national interests and social responsibilities and be responsible to employees to the end.
When making plans for laid-off workers, enterprises should also put forward measures to ensure the basic livelihood and re-employment of laid-off workers, and organize their implementation after fully listening to the opinions of the workers' congress. In order to ensure the basic life of employees' families, if the husband and wife are in the same enterprise, don't arrange for both sides to be laid off at the same time; If one party is laid off from the same enterprise, the enterprise where the other party works should not arrange for him to be laid off. Try to avoid national, provincial (ministerial) model workers, families of martyrs and disabled people being laid off. To generally implement the labor preparation system, 1? Three years of vocational and technical training. Continue to encourage and guide the transfer of rural surplus labor to the nearest place, and rationally regulate the scale of migrant workers.
Thirdly, establishing a re-employment service center to ensure the basic livelihood of laid-off workers in state-owned enterprises is an effective measure to ensure the basic livelihood of laid-off workers in state-owned enterprises and promote re-employment, and it is a social security system with China characteristics at present. All localities should establish an organizational system of re-employment service centers from the bottom up.
All state-owned enterprises with laid-off workers should establish re-employment service centers or similar institutions, and enterprises with fewer laid-off workers can also be managed by relevant departments. Re-employment service centers (including similar institutions or escrow departments) are responsible for paying basic living expenses for laid-off workers of this enterprise and paying social insurance premiums such as pension, medical care and unemployment on their behalf, organizing laid-off workers to participate in vocational guidance and re-employment training, and guiding and helping them realize re-employment. In order to strengthen the organization and management of the re-employment service center, effective personnel can be transferred from the administrative organs to work in the center.
The objects entering the re-employment service center are mainly the formal employees of state-owned enterprises who participated in the work before the implementation of the labor contract system (excluding temporary contract workers recruited from rural areas), who have been laid off due to the production and operation of enterprises, but have not yet terminated their labor relations with enterprises and found other jobs in society. After the implementation of the labor contract system to participate in the work, the contract expires, you can terminate the labor relationship in accordance with the "People's Republic of China (PRC) Labor Law" and the relevant provisions of the State Council; Those laid off before the expiration of the contract should also be arranged to enter the re-employment service center.
The term of laid-off workers in the re-employment service center is generally not more than 3 years; Those who are not re-employed after the expiration of 3 years should terminate their labor relations with the enterprise and enjoy unemployment relief or social relief according to regulations. The basic living expenses of laid-off workers during their stay in the re-employment service center can, in principle, be slightly higher than the standard arrangement of unemployment relief, and be reduced year by year according to an appropriate proportion, but the minimum shall not be lower than the level of unemployment relief, and the specific standards shall be determined by all localities according to the actual situation.
The re-employment service center is used to guarantee the basic livelihood of laid-off workers and pay social insurance premiums. In principle, the "three-thirds system" is adopted to solve the problem, that is, one third of the financial budget, one third of the burden on enterprises and one third of the social fund (including transfers from the unemployment insurance fund). The specific proportion can be determined according to the situation. As for the financial commitment, the central enterprises shall be solved by the central finance and the local enterprises by the local finance. The central government gives some support to the central and western regions and old industrial bases with more difficulties.
In principle, the funds for ensuring the basic livelihood of laid-off workers in wholly state-owned enterprises and state-owned holding and shareholding enterprises shall be borne by enterprises. Financial commitments and funds raised by the society are managed by the financial department according to special funds. The arrangement of funds shall be studied and put forward by the competent department of re-employment and the financial department, and shall be uniformly allocated by the financial department.
The management and supervision of the basic living security funds for laid-off workers must be strengthened to ensure that the funds are earmarked and shall not be used for other expenses. The management expenses of the re-employment service center and the wages and benefits of the staff shall not be charged in the basic living security funds for laid-off workers. The State Council11/pilot cities for enterprises to "optimize their capital structure", as well as the placement and reemployment of laid-off workers in enterprises and textile industries listed by Ordnance Industry Corporation and Aerospace Industry Corporation in the National Work Plan for Enterprise Merger, Bankruptcy and Re-employment, are still implemented in accordance with the relevant regulations of the State Council.
Fourth, increase policy support and broaden the channels for resettlement and reemployment. China has a large population, so it is a long-term task to do a good job in employment. The fundamental way to solve this problem is to maintain the sustained, rapid and healthy development of the national economy and constantly explore new fields of employment. All regions and relevant departments should seize the opportunity of economic restructuring and optimization, actively cultivate economic growth points, continue to strengthen the construction of basic industries and infrastructure, and develop labor-intensive industries according to local conditions to expand employment. We should take the development of the tertiary industry, especially commerce, catering, tourism, family and community services, as the main direction of reemployment of laid-off workers.
For laid-off workers engaged in community residents' service industry, the industrial and commercial registration procedures will be simplified, and business tax, personal income tax and administrative fees will be exempted within 3 years. We should take the development of small and medium-sized enterprises and labor employment service enterprises as an important way to promote re-employment. Commercial banks in various countries should set up credit departments for small enterprises to provide necessary loan support for their development.
Vigorously develop the collective, individual and private economy, and encourage laid-off workers to find their own jobs or organize themselves for employment. For laid-off workers who apply to engage in individual industrial and commercial operations, cottage industries or start private enterprises, the departments of industry and commerce, urban construction and other departments should go through relevant procedures in time and reduce the business administration administrative charge within one year of opening;
Financial institutions should provide loans to products that meet industrial policies and are marketable. Encourage enterprises to take the initiative to absorb and resettle laid-off workers, and give necessary policy support to enterprises that use existing venues, facilities and technologies to develop diversified operations, divert their surplus staff and resettle laid-off workers through multiple channels.
Specific policies and measures shall be studied and formulated by the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government. Conditional areas should also arrange special funds to organize laid-off workers to participate in public projects such as municipal and road construction, environmental protection, planting trees and grass, and provide more employment opportunities for laid-off workers. Some remote areas and mining areas can adopt corresponding policies to encourage laid-off workers to develop barren hills, wasteland and wasteland and engage in agriculture, forestry, animal husbandry and fishery production.
5. Accelerate the reform of the social security system, improve the social security system that meets the requirements of establishing a socialist market economic system and a modern enterprise system, promote and deepen the reform of the social insurance system and housing system for Chinese employees in all enterprises (including individual and private non-state-owned enterprises) and foreign-invested enterprises, establish and improve the social security system, and create conditions for the rational allocation and normal flow of labor resources.
For laid-off workers who are re-employed or no longer employed in any way, their past continuous length of service and pension insurance payment period are combined into the later payment period, and when they reach the statutory retirement age, they will enjoy the corresponding pension insurance benefits according to regulations.
After the laid-off workers are resettled and re-employed, if they have purchased the housing of the original enterprise according to the housing reform policy, the property right relationship between the individual and the original enterprise should be clarified according to the relevant provisions; Those who have not purchased can continue to rent, and the rent standard is implemented according to the regulations of the local government. Children of laid-off workers with special difficulties in life should be exempted from tuition and miscellaneous fees. It is necessary to speed up the establishment of a minimum living security system for urban residents, so that the basic livelihood of laid-off workers' families can be guaranteed.
At the same time, we should make the social insurance system, the basic living security system for laid-off workers and the minimum living security system for urban residents connect and complement each other, and constantly improve the social security system. In order to improve the unemployment insurance mechanism and improve the payment ability of the unemployment insurance fund, from 1998, the contribution ratio of the unemployment insurance fund has been increased from 1% of the total wages of enterprises to 3%, and the single burden of enterprises has been changed to the joint burden of enterprises and individual employees, in which individuals pay 1% and enterprises pay 2%.
While doing a good job in ensuring the basic livelihood of laid-off workers in state-owned enterprises, we will continue to deepen the reform of the old-age insurance system for enterprise employees and speed up the pace of legislation. It is necessary to ensure the basic livelihood of retirees and ensure that pensions are paid in full and on time, and no new arrears may occur. In the past, arrears should be gradually reissued. It is necessary to expand the coverage of old-age insurance, strengthen the collection of old-age insurance funds, and strive to improve the collection rate.
1998, it is necessary to realize the national and provincial overall planning of basic old-age insurance, establish the adjustment mechanism of old-age insurance funds, and implement the systematic management of social insurance agencies in provinces, autonomous regions and municipalities directly under the central government; The relevant departments (units) of the central government will change the enterprises that implement the overall planning of the old-age insurance industry to participate in local overall planning, and ask the relevant departments to study and formulate specific implementation measures. It is necessary to improve the management measures of the two lines of income and expenditure of the endowment insurance fund as soon as possible, and form a mechanism of mutual supervision among finance, banks and social insurance institutions.
It is necessary to convert the balance of the endowment insurance fund into full payment and promote the process of socialized management. It is necessary to strictly control the early retirement of enterprise employees. Except for bankrupt industrial enterprises in the pilot city of11enterprise "optimizing capital structure" stipulated by the State Council and qualified workers in spinning and weaving positions of state-owned textile enterprises with spindle pressing tasks within three years, all regions and departments can retire early.
To strengthen the labor market construction and re-employment training, we should establish and improve the market employment mechanism, and implement the policy of national policy guidance, workers' independent employment, market regulation of employment and government promotion of employment. In accordance with the requirements of science, standardization and modernization, we will vigorously strengthen the construction of the labor market. All regions, especially large and medium-sized cities, should make full use of modern information networks such as television and radio to provide information and consulting services in job hunting, recruitment and career guidance.
Public employment agencies should set up special service windows, strengthen vocational guidance for laid-off workers and provide free services. To further strengthen the street employment service, laid-off workers who have great difficulties in re-employment should be listed one by one, and a special person should be responsible for helping them achieve re-employment.
The system of job vacancy report and recruitment advertisement review shall be implemented for employers, and employers shall be encouraged to give priority to the recruitment of laid-off workers, especially laid-off women workers. We should conscientiously implement the "People's Republic of China (PRC) Labor Law" and other relevant provisions, not discriminate against laid-off workers, and earnestly protect their legitimate rights and interests. It is necessary to strengthen the management, supervision and inspection of the labor market, prevent unhealthy practices such as arbitrary charges, resolutely ban illegal labor agencies, crack down on fraud, and maintain the order of the labor market.
It is necessary to mobilize all social forces and vigorously carry out re-employment training. Under the guidance and support of the government, the method of combining individual self-study, enterprise organization and social assistance is implemented. According to the characteristics of laid-off workers and social needs, highlight the practicality and effectiveness of training, and improve the reemployment ability of laid-off workers. Re-employment training for laid-off workers can be given certain subsidies. Funds for the construction of the labor market and the promotion of re-employment shall be allocated by the financial department.
Seven, strengthen ideological and political work, do a good job in publicity and education, give full play to the advantages of our party's ideological and political work, carry forward the fine tradition of the party and the people sharing the same breath, * * sharing the same fate and heart to heart, and earnestly strengthen the ideological and political work of laid-off workers.
Leading organs and cadres at all levels should constantly improve their work style and methods and resolutely stop and overcome bureaucratic tendencies. It is necessary to go deep into enterprises and families of laid-off workers, understand and master their living conditions in time, observe their sufferings, listen to their voices, take the initiative to solve problems for them, and never allow them to adopt an indifferent and insensitive attitude. While doing a good job in the production and operation of enterprises and doing everything possible to extricate enterprises from difficulties, business operators should actively organize laid-off workers to help themselves in production, try to help them solve their difficulties and problems in life, always do ideological work, persist in sharing weal and woe with employees and do not engage in specialization.
It is necessary to mobilize the whole society to care for and support the basic living security and reemployment of laid-off workers, and do more good deeds, offer love and send warm for them to form a good social atmosphere. We should vigorously publicize the relevant principles and policies of the party and the government, educate laid-off workers and the broad masses of the people to understand and understand the difficulties of the country, actively support enterprise reform, and consciously safeguard social stability.
We should pay attention to establish and vigorously publicize the advanced model of laid-off workers' self-improvement and active entrepreneurship, guide laid-off workers to abandon the idea of "waiting, relying on and wanting", help them establish a correct concept of job selection, and make them realize that within the scope permitted by national policies and laws, there is no distinction between high and low in any job, and whatever occupation they are engaged in is glorious, so as to actively adapt to the requirements of the socialist market economy.
Eight, strengthen leadership, to ensure the smooth progress of the basic living security and re-employment of laid-off workers in state-owned enterprises, party committees, governments and relevant departments at all levels must put the basic living security and re-employment of laid-off workers in state-owned enterprises on the important agenda, implement the responsibility system for party and government leaders, and incorporate it into the important content of performance evaluation. According to the actual situation of the region and the department (industry), we should study and formulate specific measures to implement this notice to ensure that the spirit of this notice is implemented. We should give full play to the role of democratic parties, federations of industry and commerce, trade unions, the Communist Youth League, women's federations and other mass organizations, and jointly do a good job in this regard.
It is necessary to conscientiously sum up and popularize good experiences and practices, study and solve new situations and problems encountered in the work in a timely manner, and constantly lead this work deeper. In order to promote the development of this work, the Central Committee decided that the the State Council Joint Meeting on State-owned Enterprise Reform should be responsible for guidance, organization and coordination, and the specific work should be organized and implemented by the Ministry of Labor and Social Security and the State Economic and Trade Commission. Various regions can also adopt corresponding organizational forms to ensure the basic living security and re-employment of laid-off workers from state-owned enterprises. The basic living security and reemployment of laid-off workers in urban collective enterprises shall be studied and formulated by the party committees and people's governments of all provinces, autonomous regions and municipalities directly under the Central Government according to the actual conditions in their respective regions.
Extended data:
Notice of Zhong Fa [1998] 10 on Doing a Good Job in Basic Living Security and Re-employment of Laid-off Workers from State-owned Enterprises.
Level: ministerial level
Classification: Other social security documents. Basic living security for laid-off workers.
Timeliness: effective
Promulgated by: Central the State Council.
Date of promulgation: 1998-06-09
Implementation date: 1998-06-09 deadline:
Document number: Zhong FaNo. 10
References:
Guangzhou Human Resources Security Bureau-Zhong Fa [1998] 10 No.