(J.F. [24] No.18)
People's governments of all districts and counties, commissions, bureaus and directly affiliated units:
The Interim Measures of Tianjin Municipality for the Overall Relocation of Staff and Workers of State-owned Poor Enterprises are hereby printed and distributed to you, and hope to implement them.
November 26th, 24
Interim Measures of Tianjin Municipality for the Overall Relocation of Employees of State-owned Poor Enterprises
Article 1 In order to do a good job in the overall resettlement of employees of state-owned poor enterprises (hereinafter referred to as enterprises) and promote enterprises to withdraw from the market, according to the Notice of the General Office of the State Council on Forwarding Several Opinions of the State Economic and Trade Commission and other departments on Solving the Basic Living Problems of Employees of State-owned Poor Enterprises and Closed Bankrupt Enterprises (Guo Ban Fa [23] No.2) and ".
article 2 these measures are applicable to those poor enterprises confirmed by the municipal finance bureau, the municipal labor bureau and the municipal state-owned assets supervision and administration commission, which are ready to go bankrupt, cancel their business licenses according to law or have their business licenses revoked.
article 3 the principle of resettling employees is to ensure the legitimate rights and interests of employees on the premise of properly resettling all employees, focusing on standardizing labor relations according to law, and aiming at accelerating the withdrawal of enterprises from the market and promoting the reform and development of enterprises.
article 4 the basic measures for resettling employees are to revitalize the effective assets of enterprises to raise funds, properly resettle all employees through custody and diversion, and go through the formalities for enterprises to withdraw from the market according to law. The holding group company (head office) establishes a custody center for employees who have left the enterprise (hereinafter referred to as the "custody center") to provide all-round management services for those who have entered the custody organization. Straighten out and standardize labor relations, implement the re-employment policy, open up employment channels, and promote the re-employment of workers with working ability.
the enterprises affiliated to the holding group company (head office) will no longer set up custody centers.
the trusteeship center is a non-profit, non-profit and non-corporate service-oriented management organization.
Article 5 Employees who meet one of the following conditions upon examination and approval by the holding group company (head office) may enter the custody center for custody:
(1) Persons who have gone through retirement and resignation procedures;
(2) Persons who have completely or mostly lost their ability to work as identified by the Municipal Labor Appraisal Committee;
(3) Persons who have reached the age of 5 for men, 4 for women, or 3 years of service;
(4) Persons who have been identified as work-related injuries and are in the period of shutdown with pay.
Article 6 The personnel entering the trusteeship center shall enjoy the following policies:
(1) In principle, they shall enjoy medical treatment in accordance with the provisions of the Interim Measures of Tianjin Municipality on Overall Medical Insurance for Retired Persons from Enterprises with Difficulties in Cities and Towns. Among them, the enterprises that originally participated in the basic medical insurance can be calculated for 5 years according to the payment base, the number of payers and the 1% rate of medical insurance for the employees in the current year. If a social insurance institution is paid in one lump sum, the medical insurance benefits of its retirees will remain unchanged.
(2) For those who completely or mostly lose their ability to work, 6% of the average social wage is taken as the payment base, and the pension and serious illness medical insurance subsidies are given; According to the minimum living standard for urban residents, basic living expenses are paid monthly until the legal early retirement age. The required social insurance premiums and basic living expenses shall be paid by the city's re-employment funds.
(3) All the employees who have reached the age of 5 for men, 4 for women or 3 years of service are included in the social insurance subsidies for flexible employment of older laid-off workers in difficult enterprises (hereinafter referred to as social insurance subsidies). Those who have gone through the formalities of social insurance subsidies will continue to be given social insurance subsidies. If the social insurance subsidy procedures have not been handled, the relevant procedures shall be handled at one time according to the requirements of the Municipal Labor Bureau and the Municipal Finance Bureau on the notice of social insurance subsidies for flexible employment of older laid-off workers in difficult enterprises.
(4) those who have been identified as work-related injuries and are in the period of suspension with pay shall be given the treatment of suspension with pay in accordance with the Provisions of Tianjin Municipality on Industrial Injury Insurance (Decree No.12 of the Municipal Government in 23). Upon the expiration of the suspension of work with pay, those who have been identified as 1-6 disabled by the Labor Appraisal Committee shall enjoy relevant policies in accordance with Article (2); Those who are identified as 7-1 disabled and meet the scope of (3) of this article shall be handled in accordance with (3) of this article; Persons who are identified as 7-1 disabled and do not meet the scope of this article (3) may terminate their labor relations and pay economic compensation, one-time medical subsidies for work-related injuries and disability employment subsidies. The required funds are reserved from the realized assets of the enterprise.
(5) The enterprise will no longer pay economic compensation to those who enter the trusteeship center to enjoy social insurance subsidies. During the custody period, if the re-employment is realized and the social insurance relationship is required to be transferred, the custody center shall pay economic compensation according to law. The economic compensation is calculated according to the working years and salary standards before entering the custody center, but the subsidy amount of re-employment funds during the detention in the custody center should be deducted. Economic compensation shall be raised by the holding group company (head office), and the city re-employment funds shall give appropriate support.
Article 7 The main responsibilities of the custody center are:
(1) To sign a custody agreement with the personnel who enter the custody center, so as to clarify the rights and obligations of both parties;
(2) Responsible for the daily management of retirees, including handling the payment of medical insurance premiums and reimbursement procedures for medical expenses for retired employees in difficult enterprises;
(3) paying basic living expenses, paying pension and medical insurance premiums, and handling medical expenses reimbursement and retirement for employees who have completely or mostly lost their ability to work;
(4) Handling relevant insurance treatment procedures for injured workers;
(5) to handle the daily management work for the "45" (men who have reached the age of 5 and women who have reached the age of 4 and given social insurance subsidies), such as pension, payment of medical insurance premiums, reimbursement of medical expenses and retirement procedures;
(6) open up employment channels, provide employment information, and promote the re-employment of competent custodians;
(7) Responsible for file management, relevant fund management, labor security policy answers and other related matters.
article 8 staffing and management funds of the custody center.
(1) For every 1 people hosted in the hosting center, one staff member shall be provided in principle. The staff of the custody center is appointed by the holding group company (head office), and the main person in charge is the person in charge of labor work of the holding group company (head office).
(2) The management funds of the custody center shall be raised by the holding group company (head office) to which it belongs. The municipal finance shall provide one-time support for the start-up expenses of the staff trusteeship center, and the specific measures shall be formulated separately by the Municipal Finance Bureau and the Municipal Labor Bureau.
article 9 fund management of the custody center.
(1) The sources of funds for the custody center are:
1. The funds reserved by the enterprise for the placement of employees;
2. Capital invested by the holding group company (head office);
3. Funds supported by the municipal re-employment funds;
4. Interest income;
5. Other funds.
(2) expenditure on custody funds. In accordance with the relevant laws, regulations and policies of labor security, it is used for various expenses of custody personnel and payment of pension and medical insurance fees.
(3) The custody center shall set up a special account for custody funds, which shall be accounted for independently and used for special purposes. Holding group companies (head offices) should strictly manage and supervise according to the financial system and conduct regular audits. Custody funds and management funds shall not be mixed.
article 1 encourages enterprises to straighten out labor relations with employees.
(1) For enterprises that terminate their labor relations with their employees, the municipal re-employment fund will give appropriate economic compensation subsidies according to the financial situation of the enterprises on the basis of the valid certificates of the employees' transfer of labor relations and the employees' receiving units. In principle, the subsidy standard shall not exceed 6% of the total economic compensation required, and the maximum subsidy per capita shall not exceed 6 yuan in principle.
(2) encourage employees to find their own jobs. For those who apply for self-employment and flexible employment, a re-employment concession card will be issued. Where the transfer of labor relations and social insurance relations, enterprises should pay economic compensation according to law. Unemployment insurance can be paid to me in one lump sum, but the longest period is no more than 12 months. At the same time, with the business license, the maximum self-employment subsidy of 3 yuan is given.
(3) If the file and social insurance relationship of self-employed personnel are transferred to the public employment agency, the personal filing fee will be exempted within two years.
(4) encourage employers to accept employee labor relations. If a service-oriented receiving unit signs a labor contract with employees, it will be given social insurance subsidies 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 be given a one-time subsidy according to the standard of 5, yuan per person.
article 11 enterprises and society are encouraged to resettle employees for re-employment.
(1) encourage re-employment public welfare companies to resettle their employees. For non-profit companies that resettle employees for re-employment, small group loans, wage subsidies and social insurance subsidies are given in accordance with the Notice on Approving the Interim Provisions of the Finance Bureau of the Municipal Labor and Social Security Bureau on Supporting Non-profit Re-employment Organizations (Jin Zhengfa [23] No.129).
(2) encourage community employment organizations or labor dispatch organizations to resettle employees for re-employment. For community employment organizations that receive and resettle employees for re-employment or labor dispatch organizations that are identified as service-oriented enterprises, relevant policy support such as tax relief and social insurance subsidies shall be given according to the current regulations.
(3) encourage employees to organize to participate in the operation and realize re-employment. Encourage all holding groups (head offices) and enterprises to set up labor-intensive enterprises with small registered capital as their main business, attract employees to invest in shares, give full play to their business and skill expertise, and form stable employment organizations. Any self-financing economic entity that has absorbed laid-off workers from the original enterprise and signed a labor contract with it for more than one year shall, according to the current service-oriented enterprise regulations, give social insurance subsidies for the corresponding labor contract period, which shall not exceed three years at the longest. At the same time, newly established economic entities that are identified as service-oriented enterprises or labor service enterprises can enjoy the support of corresponding policies such as tax reduction and exemption and loans.
article 12 the social insurance premiums that an enterprise owes should be paid up when employees transfer their labor relations and social insurance relations. For enterprises that have real difficulties and can't repay the arrears, they can make up the arrears in the personal accounts of employees with old-age insurance, and the unemployment insurance premiums that are owed per capita according to the calculation of unemployment insurance benefits personnel. The rest of the arrears are made by the enterprises to make repayment plans, and will be dealt with according to the relevant regulations when the enterprises withdraw from the market.
article 13 revitalize the effective assets of enterprises, properly handle debts, and give priority to protecting the rights and interests of employees.
(a) enterprises should assist financial institutions to determine the mortgage rights of land and real estate. Each holding group company (head office) is responsible for the disposal of the financial debts of the enterprises that have withdrawn from the system, and it is necessary to negotiate with the financial department to get unified compensation and solve the financial debts as a whole, and it is not allowed to evade the financial debts.
(2) For the land that has been included in the land acquisition and reserve plan of our city and has been acquired, all the land acquisition fees shall be paid to the enterprise. The income obtained from the transfer and sale of real estate and land by enterprises, which is directly used to resettle employees, shall be exempted from business tax.
Article 14 Conditions for overall resettlement of employees and enterprises:
(1) Holding group companies (head offices) organize enterprises to properly resettle all employees through custody and diversion in accordance with these Measures.
(2) The holding group company (head office) organizes enterprises to comprehensively clean up and approve the unpaid taxes of enterprises. After the report is approved by the competent state taxation bureau and the local taxation bureau, the tax will not be recovered temporarily during the employee custody period.
(3) The holding group company (head office) organizes enterprises to comprehensively clean up the creditor's rights and debts of the approved business transactions of enterprises, actively collect the creditor's rights of enterprises and actively repay the debts of enterprises. Creditor's rights and debts that cannot be collected shall be sealed.
(4) enterprises should actively pay off employees' debts. Who can not implement the economic compensation and the funds needed for the arrears of employees' debts, in principle, shall not terminate the labor relationship with employees.
(5) The holding group company (head office) organizes the enterprise to comprehensively clean up and approve the assets of the enterprise. All assets that can be realized should be actively realized, and the funds obtained should be given priority to the placement of employees. Any assets that cannot be realized shall be sealed.
(6) The holding group company (head office) organizes the enterprise to comprehensively clean up and check the income and expenditure of the enterprise financial account, close the account and seal the account.
Article 15 Operating procedures for the overall resettlement of employees:
(1) Holding group companies (head offices) organize enterprises to formulate plans for the overall resettlement of employees. The plan should include the disposal of enterprise assets, the resettlement of employees, the treatment of creditor's rights and debts, the calculation of funds, the work organization, the resolution of the workers' congress and so on.
after obtaining the opinions of creditor banks, the enterprise's overall scheme of diverting and resettling employees shall be reported to the municipal SASAC for review. The scheme of employee custody and resettlement (including the calculation of required funds) shall be examined and approved by the Municipal State-owned Assets Supervision and Administration Commission in conjunction with the Municipal Labor Bureau and the Municipal Finance Bureau.
(2) For enterprises that meet the requirements of Article 14 for the overall resettlement of employees and meet the conditions for cancellation of registration in industrial and commercial registration, they shall be reported to the industrial and commercial department for approval and go through the cancellation procedures.
(3) The business license of an enterprise that meets the requirements of Article 14 and fails to cancel its registration according to law shall be revoked by the industrial and commercial department according to law.
Article 16 Responsibilities of the holding group company (head office):
(1) The holding group company (head office) shall formulate the plan of withdrawing from the market in accordance with the principles of step by step, positive and steady, classified guidance and gradual opening, properly arrange all employees through custody and diversion, and effectively protect the legitimate rights and interests of employees and social stability.
(2) The holding group company (head office) shall designate an internal department to be responsible for the management of unpaid taxes, creditor's rights and debts, various assets and financial account books, deal with various affairs related to the withdrawal of the enterprise from the market, and establish a special account to uniformly account for the financial matters of the enterprise.
Article 17 The Municipal Finance Bureau shall, jointly with the Municipal Labor Bureau and the Municipal State-owned Assets Supervision and Administration Commission, be responsible for the audit of enterprise assets disposal, creditor's rights and debts disposal scheme and the scheme of diverting employees to ensure the implementation of financial subsidy funds.
article 18 the municipal labor bureau shall rely on each holding group company (head office) to guide the specific business of the custody center, coordinate relevant departments to improve and implement various support policies, strengthen supervision and inspection, safeguard the legitimate rights and interests of custody personnel, and do a good job in relevant statistical work.
the municipal social insurance agency shall, in accordance with these measures, adjust the management mode of collection, payment and accounting, separately reflect the payment of social insurance premiums for personnel entering the custody center, and do a good job in the personal account connection of employees.
article 19 the placement and management of retired personnel of an enterprise shall be handled according to the current measures of the holding group company (head office).
twentieth counties belong to state-owned enterprises with difficulties, and these measures shall be followed. The required funds shall be borne by the county finance; Districts, counties and cities with special difficulties shall be appropriately subsidized by means of transfer payment.
article 21 these measures shall be implemented as of the date of promulgation.