The Labor Law of People's Republic of China (PRC) (1 adopted at the eighth meeting of the Standing Committee of the Eighth NPC on July 5, 1994,1promulgated by Decree No.28 of the President of the People's Republic of China on July 5, 1994, since1June 65438+1October1. Notice on the full implementation of the labor contract system (No.360 issued by the Ministry of Labor [1994]); Circular of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System (issued by the Ministry of Labor 1996 10 3 1).
News link: "The ups and downs of Leave without Pay"
Recently, the word "leave without pay" has attracted people's attention again because of the Opinions on Further Improving Employment and Entrepreneurship under the New Situation issued by the State Council.
In the past 30 years, this policy, once known as "leave without pay", has experienced a transition from rise to silence and then to revival.
In June 1983, 1 1, the then Ministry of Labor and Human Resources and the State Economic Commission jointly issued the Notice on Employees' Request for Leave without Pay (hereinafter referred to as the Notice). The "Notice" stipulates that the period of unpaid leave is generally not more than two years. During the period of unpaid leave, you will not be promoted and enjoy various allowances, subsidies and labor insurance benefits. If you are disabled due to illness or work, you can basically lose your ability to work, and you can handle it according to the resignation method. In principle, employees who leave without pay should pay labor insurance premiums to their original units on a monthly basis, and the amount shall not be less than 20% of the original salary. At that time, the policy was a bold institutional innovation, which triggered a wave of "going to the sea" and changed the fate of many people. Today's business leaders, such as Wang Jianlin and Pan Shiyi, all set foot on the road of starting a business after submitting their applications for "leaving their jobs without pay".
"Leave without pay" is the product of the transition from planned economy to market economy. In the era of planned economy, a group of people, including formal employees of enterprises and institutions and staff of party and government organs, have an unbreakable "iron rice bowl" in their hands; When the tide of market economy came, some of them resigned and went to sea, and some left their original jobs for other reasons. However, due to the incomplete transformation and the intersection of planning and market, the "iron rice bowl" of these people still remains. Although they have stopped paying wages, they can "go ashore" at any time and take up the "iron rice bowl" again.
In the early days of reform and opening up, this policy even once became a more secure choice for those who wanted to leave a way out for themselves and "try their luck" in the sea. From the beginning, it was limited to scientific researchers and those who went abroad for personal reasons, and later it was extended to all cadres and workers. In the term of unpaid leave, it has also evolved from the first two years to a free contract between units and individuals.
1992 after Deng Xiaoping's southern tour speech, the policy orientation of reform and opening up has been strongly confirmed, and the new wave of "leaving without pay" is even more magnificent. According to the data of Ministry of Human Resources and Social Security, 1992,120,000 civil servants resigned without pay.
In order to meet the requirements of the development trend of the socialist market economy, the state promulgated the Labor Law in 1995, and successively issued a series of implementation rules. The labor department has made more specific provisions on "leave without pay". According to its requirements, the original employer should sign a labor contract with the personnel who are approved to leave without pay and are willing to return to the original unit to continue their work, and clarify the relationship between rights and obligations; Unwilling to return to the original unit to continue working, the original employer may terminate the labor relationship with it.
1999, the Beijing Municipal Bureau of Labor and Social Security issued the Notice on Further Standardizing Labor Relations, which clearly stipulated that "enterprises should stop handling employees' leave without pay. After the expiration of unpaid leave, employees will not go through the renewal procedures; Employees who have not returned after the expiration of unpaid leave can leave their jobs automatically. " On May 20th of the same year, Fujian issued a similar document.
At this point, the "leave without pay" policy gradually faded out of people's field of vision and gradually declined. Until 2008, Shandong still issued new regulations, stipulating that from June 5438+ 10/in 2009, Shandong provincial state-owned enterprises will no longer have "unpaid leave".
From the policy point of view, after the full implementation of the labor contract system in the whole country, the original fixed-term system no longer exists, and the original meaning of "leaving without pay" has lost; From the perspective of personnel management, the implementation of unpaid leave will easily lead to confusion in labor and personnel relations and contradictions in personnel management. The birth of unpaid leave was in the transitional period between planned economy and market economy. Its innate "compromise" has become an embarrassment when the system is gradually improved. With the introduction of labor law and the formation of talent flow market, it gradually withdrew from the historical stage.
However, the policy trends introduced by various places are not completely consistent. On June 29th, 2005, Jilin issued the Opinions of Jilin Provincial Personnel Department on Supporting County Economic Development, which stipulated that government officials can leave their jobs without pay when starting a business. Around this time, there were regulations in various places to encourage civil servants or personnel of enterprises and institutions to leave their jobs without pay. These include: Regulations on the Promotion of Small and Medium-sized Enterprises in Anhui Province, which came into effect on February 1 2006. In 2008, Kunming Personnel Bureau implemented detailed rules for supporting and serving the development of non-public economy (for Trial Implementation). In 2008, Shangqiu, Henan Province issued "Several Provisions on Expanding Opening to the Outside World and Promoting Entrepreneurship for All". At the end of 20 13, Jiangxi province issued a policy to allow employees of state-owned enterprises and institutions to stop working after starting a business, and those who do not start a business within three years are allowed to return to their original units. This policy has caused controversy in society. Opponents believe that entrepreneurship within the system should not enjoy "super-national treatment."
This time, the State Council pushed public opinion and introduced preferential policies to support researchers to leave their posts and start businesses, which is a new measure taken under the background that China's economic development has entered a new normal. Since China introduced the active employment policy in 2002, it has gone through three stages: reemployment of laid-off workers, combination of employment and reemployment, and promotion of employment, which ushered in the stage of promoting employment and entrepreneurship, especially highlighting entrepreneurship. "Cultivating the new engine of mass entrepreneurship and innovation, combining entrepreneurship with employment, and promoting employment through entrepreneurial innovation" is becoming the guiding direction of employment policy.
Will the pace of industrialization of scientific and technological achievements be accelerated when researchers with working experience in the system join the tide of entrepreneurship? Will China's economic transformation and upgrading become wider and wider? We look forward to more Liu Chuanzhi casting new legends for us!
According to the Notice of the People's Government on Implementing the Labor Contract System in an All-round Way [1995] No.3, employees of state organs, institutions and social organizations shall determine their labor relations by concluding labor contracts. Therefore, after the implementation of the labor contract system, workers in state organs, institutions and social organizations should adjust their labor relations through labor contracts and may not leave their jobs without pay.