Enterprise bankruptcy can divert professionals! In order to promote the bankruptcy of state-owned enterprises, properly resettle employees and safeguard the legitimate rights and interests of employees, the Interim Measures for the Resettlement of Employees of State-owned Bankrupt Enterprises in Beijing are hereby printed and distributed to you, please implement them conscientiously.

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the relevant provisions of the state and the notice forwarded by the General Office of the Beijing Municipal People's Government on the Interim Provisions on Bankruptcy of State-owned Enterprises in Beijing and the Interim Provisions on Merger of Enterprises in Beijing, and in combination with the actual situation of this Municipality, in order to do a good job in the resettlement of employees of state-owned bankrupt enterprises and make the bankruptcy of enterprises go smoothly.

Article 2 These Measures shall apply to the state-owned enterprises that apply for bankruptcy in this Municipality in accordance with the Enterprise Bankruptcy Law of the People's Republic of China (for Trial Implementation).

Article 3 The municipal labor and social security department shall, in accordance with the relevant laws and regulations of the state, formulate a policy of diverting and resettling employees of bankrupt enterprises, and verify the insurance and welfare expenses of socialized management personnel according to regulations, and verify the settlement of social insurance premiums and social insurance funds owed by bankrupt enterprises.

The district and county labor and social security departments are responsible for the reception and management of retirees, unemployed people and work-related injuries in bankrupt enterprises.

Street (town) labor and social security department is responsible for the payment procedures for retirees, unemployed people, workers' pensions, unemployment insurance benefits, work-related injury insurance benefits and medical insurance benefits.

Article 4 Before an enterprise applies to the court for bankruptcy, it shall formulate a feasible scheme for the resettlement of employees in accordance with the laws and regulations of the state on enterprise bankruptcy and the relevant policies and regulations of this Municipality. The plan should include:

(a) the basic situation of employees and retirees;

(two) the placement measures and whereabouts of employees and retirees;

(three) the basic situation and resettlement measures of the injured workers and their whereabouts;

(four) the funds needed for the placement of employees and retirees, the way of financing and the amount of accrued expenses;

(five) the payment and arrears of social insurance premiums by enterprises and individual employees;

(six) wages, retirement fees, medical expenses and so on. And solutions;

(7) Other matters.

Article 5 When making a bankruptcy plan, a bankrupt enterprise shall promptly go through the confirmation procedures of the social insurance fund owed and borrowed before bankruptcy with the municipal or district (county) social insurance fund management center (hereinafter referred to as the social insurance center), and calculate the expenses that need to be accrued for the transfer of retirees and injured workers to social management in accordance with the relevant provisions of the state and this Municipality. After the court officially declares bankruptcy, the municipal, district (county) social insurance center will confirm that it will be included in the bankruptcy liquidation scope for liquidation.

Article 6 After the court declares the enterprise bankrupt, the liquidation group of the bankrupt enterprise shall inform the employees of the triage resettlement, the continuation of social insurance relationship and related policies, so as to ensure the smooth implementation of the triage resettlement of employees.

Chapter II Diversion and Resettlement of Employees

Article 7 The scope of resettlement for employees of bankrupt enterprises is: all employees who have labor relations with the enterprise and agree to keep social insurance relations, including both employees who were employed before the bankruptcy of the enterprise and all employees who quit their jobs to recuperate.

Article 8 When an enterprise goes bankrupt, it shall adopt the principle of encouraging employees to transfer themselves, find jobs for themselves and resettle in other enterprises, and implement voluntary choice and paid resettlement for employees, so as to effectively protect their legitimate rights and interests and promote their re-employment.

Article 9 In order to speed up the resettlement of employees of bankrupt enterprises, employees who are encouraged to be resettled within three months shall be paid from the land use right transfer income legally obtained by bankrupt enterprises.

(1) Employees will be transferred out by themselves to give a one-time reward. If it is transferred out within 30 days from the date when the court declares bankruptcy, 2000 yuan per person; Transfer within 60 days per person 1500 yuan; Transfer within 90 days will be rewarded per person 1000 yuan.

(2) If the unit accepts and resettles employees of bankrupt enterprises, it shall allocate a one-time resettlement fee to the resettlement unit according to the standard that each employee resettled/kloc-0 is not higher than 3 times the average salary of employees in the previous year.

(three) self-employed workers to self-employed resettlement fees. The extraction standard of resettlement fees for employees of bankrupt enterprises is determined according to the income from the transfer of land use rights of bankrupt enterprises, but the maximum per capita income shall not exceed 3 times of the average wage income of employees of enterprises in this city in the previous year. When paying self-employed resettlement fees to employees, the payment standard can be determined according to the length of service of employees. At the same time, the liquidation group shall sign a self-employment agreement with the employees (the style is attached).

Article 10 After receiving the resettlement fee for self-employment, employees shall deposit their files in the employment service center run by the municipal, district (county) labor and social security department. Those who participate in social insurance can continue all kinds of social insurance relationships, and the time of paying social insurance premiums is combined with the time of paying before declaration. Those who have been unemployed for more than 1 year after reporting payment can enjoy unemployment insurance benefits according to the regulations, but they no longer enjoy the social insurance premium subsidies for self-employed urban unemployed people in Beijing.

Article 11 In the month when a bankrupt enterprise is declared bankrupt by the court, if a man reaches the age of 55 and a woman reaches the age of 45, he can go through retirement formalities upon his own application. According to the retirement age of 60 years for men and 50 years for women (calculated to the month, with one decimal place reserved), the basic pension will be reduced by 2% except for personal accounts. Namely: basic pension for early retirees = (full basic pension-personal account pension) ×( 1- early retirement years ×2%)+ personal account pension. When the basic pension is lower than the minimum standard of the basic pension in this Municipality, it shall be calculated and paid according to the minimum standard of the basic pension in this Municipality. According to this method, after the early retirees reach the legal retirement age, the basic pension will not be recalculated, but will be adjusted along with the normal adjustment system of the basic pension in this city.

Article 12 If the employees of a bankrupt enterprise fail to be resettled according to the provisions of Articles 9 and 11 of these Measures, the labor contract shall be terminated, and the bankrupt enterprise shall compensate the employees according to the standards stipulated in Article 8 of the Notice on Forwarding the Ministry of Labor on Printing and Distributing the Measures for Economic Compensation for Violating and Terminating the Labor Contract (No.45 of Jing Lao Guan Fa [1995]).

When a bankrupt enterprise terminates the labor contract with its employees, it shall, in accordance with the relevant provisions of this Municipality, hand over the employee files to the district (county) labor and social security department where its household registration is located. If it meets the requirements, it shall enjoy unemployment insurance benefits in accordance with the provisions.

Article 13 Where an employee is identified as partially incapacitated by the municipal, district (county) labor appraisal committee due to illness or non-work-related injury, he/she shall seek a self-employment in accordance with Item (3) of Article 9 of these Measures or terminate the labor contract in accordance with Article 12 of these Measures, in addition to enjoying the self-employment resettlement fee or compensation, he/she shall be given a medical subsidy of not less than six months' salary. The calculation standard of Medicaid fee shall be implemented according to Article 6 of the Notice of the former Beijing Municipal Labor Bureau on Forwarding the Ministry of Labor on Printing and Distributing the Measures for Economic Compensation for Violation and Termination of Labor Contracts (No.45 of Beijing Labor Management [1995]).

Chapter III Handling of Labor Relations

Article 14 Since the date when the court declares the enterprise bankrupt, the labor contract and agreement signed between the bankrupt enterprise and the employees shall be terminated, and the agreement on retaining the social insurance relationship shall be terminated. If the enterprise and the employee have not signed a labor contract, the labor relationship will be terminated.

Article 15 If the employees of a bankrupt enterprise are relocated to other units in accordance with the provisions of Item (2) of Article 9 of these Measures during the liquidation period, when signing a labor contract with the new unit, the term of the labor contract shall not be shorter than the unexpired term of the original enterprise. If the unexpired term is less than three years, the term of re-signing the labor contract shall not be shorter than three years. The working hours of employees in the original unit and the working hours of resettlement units are calculated continuously.

If the bankrupt enterprise has not signed a labor contract with its employees, and their employees are resettled by other units in accordance with Item (2) of Article 9 of these Measures, the term of the labor contract shall be determined by both parties through consultation, but it shall not be less than 3 years.

Article 16 Employees with continuous service 10 years and within the statutory retirement age 10 years, land-expropriated farmers assigned to bankrupt enterprises for the first time, employees transferred from Tibet with continuous service 10 years or more, national model workers (advanced workers), winners of the "May 1" labor medal, retired soldiers assigned to bankrupt enterprises for the first time, and disabled persons with grades of 5 to 654300.

Chapter IV Placement and Management of Workers with Work Injury

Article 17. Employees who have participated in work-related injury insurance and have a disability level of 1 to 4 shall go through retirement procedures, implement socialized management and enjoy pension benefits. In accordance with the provisions of the old-age insurance, the pension approved is lower than the disability pension, and the difference is made up by the industrial injury insurance fund. Since then, with the adjustment mechanism of pension insurance benefits.

Article 18 The injured employees of bankrupt enterprises with a disability level of 5 to 10, who meet the provisions of Item (3) of Article 9 or Article 12 of these Measures, may apply to the enterprise for a one-time disability employment subsidy in addition to enjoying the corresponding treatment for employees of bankrupt enterprises. Upon receipt, the liquidation group shall indicate the payment amount on the work-related injury certificate and affix the official seal to terminate the work-related injury insurance relationship.

Workers with work-related injuries shall not receive one-time disability employment subsidy, which shall be withheld and remitted by the liquidation group according to the standard of one-time disability employment subsidy, paid to the social security center of the district (county) where the enterprise is located, and included in the work-related injury insurance fund. Work-related injury insurance for workers with work-related injuries shall be socialized, and the labor and social security department of the street (town) where the household registration is located shall be responsible for handling specific procedures.

Article 19 Where the employees of bankrupt enterprises are resettled in accordance with Items (1) and (2) of Article 9 of these Measures, the liquidation group shall transfer the one-time disability employment subsidy to the resettlement unit according to the regulations, and the resettlement unit shall continue to bear the workers' industrial injury insurance liabilities.

Article 20 The liquidation group of a bankrupt enterprise shall withhold and remit the relevant expenses in accordance with the provisions of Article 17 and Article 18, paragraph 2 of these Measures, and shall also withhold and remit the industrial injury insurance expenses such as hospital food subsidies and medical transportation expenses borne by the enterprise, and pay them to the social security center of the district (county) where the enterprise is located and incorporate them into the industrial injury insurance fund.

Article 21. Those who have participated in the industrial injury insurance of bankrupt enterprises and enjoyed the pension for the relatives of the deceased workers shall be paid by the labor and social security department of the street (town) and charged to the industrial injury insurance fund.

Article 22 When an enterprise goes bankrupt, it has been identified as a work-related injury, but the medical treatment period for the work-related injury has not expired, it shall be appraised.

Twenty-third bankrupt enterprises have not been identified as work-related injuries, but they have been treated as work-related injuries and work-related injuries. The liquidation group of bankrupt enterprises shall refer to the treatment standards stipulated in industrial injury insurance and settle the relevant treatment at one time. The required expenses are paid from the land transfer income.

Article 24 The liquidation group of a bankrupt enterprise shall report to the municipal, district (county) labor and social security department for the record the resettlement, expense withholding and one-time disability employment subsidy of its employees.

Twenty-fifth bankrupt enterprises that have not participated in work-related injury insurance shall be separately formulated for the socialized management of the transfer of workers with work-related injuries.

Chapter V Withholding and Management of Retirement Expenses

Article 26 If retirees from bankrupt enterprises implement socialized management, their funeral expenses, medical expenses for supporting their immediate family members, pension expenses and winter heating expenses shall be accrued according to the Notice of the General Office of the Beijing Municipal People's Government on Printing and Distributing the Implementation Measures of Several Supporting Policies for Adjusting Economic Structure in Beijing (for Trial Implementation) (No.1995), and the accrued expenses shall be paid from the income from the transfer of land use rights. In principle, the social security center will implement socialized management for retirees from the month after receiving the accrued expenses for social management.

Withholding funds in accordance with the provisions into the financial accounts of social security funds. Among them, the medical expenses for supporting immediate family members must be accounted for separately and paid specially.

Article 27 The medical expenses of retirees who implement socialized management shall be withheld and remitted in accordance with the relevant provisions of the Notice on Relevant Issues Concerning Retirees Participating in Basic Medical Insurance in Socialized Management of Bankrupt Enterprises (No.46 [2002] of Beijing Municipal Bureau of Labor and Social Security, Beijing Municipal Bureau of Finance and Beijing Municipal Economic Commission).

Twenty-eighth retirees in accordance with the relevant provisions of the withholding fees and medical expenses, handed over to the superior enterprise department in charge of management, by the superior enterprise department in charge of issuing and paying. Accrued expenses are paid from the income from the transfer of land use rights, and the insufficient part is made up by the finance at the same level.

The subsidy for the living difficulties of the spouse of the deceased retiree shall be calculated and paid 10 year according to the current standard, and shall be paid to the superior competent department of the enterprise, which shall be responsible for the payment.

Article 29 If the retirees of bankrupt enterprises meet the requirements of socialized management, the enterprise bankruptcy liquidation group will hand over the retirees' files and social insurance relationship to the district (county) labor and social security department where the bankrupt enterprise is located, then to the district (county) labor and social security department where the retirees are registered, and then to the street (town) labor and social security department where the retirees are registered. The labor and social security department of the street (town) where the retiree's household registration is located shall pay the retiree's pension and related expenses in accordance with the regulations, and undertake the medical expenses reimbursement procedures for retirees and their immediate family members.

Thirtieth the immediate family members of retirees can choose a medical institution as the designated medical institution for medical treatment in the designated medical institutions of basic medical insurance in our city, and the general drug expenses, operation expenses and blood transfusion expenses will be reimbursed by 50%.

Article 31 The account funds and medical expenses of retirees who have been transferred to individual accounts in accordance with the provisions of Beijing Basic Medical Insurance shall be paid and reimbursed by the labor and social security department of the street (town) where the bankrupt enterprise is located.

Chapter VI Payment of Arrears of Wages and Social Insurance Fees

Article 32 The wages, medical expenses and pensions owed to employees (including retirees) before the bankruptcy of an enterprise shall be paid off from the assets realized by the bankrupt enterprise in accordance with the bankruptcy law and other relevant regulations. The payment standard is as follows:

(1) The wages owed to the employees before the bankruptcy of the enterprise shall be paid off according to the wages owed to the employees during the production work before the bankruptcy;

(two) the medical expenses owed to employees and retirees before the bankruptcy of the enterprise shall be paid off in accordance with the relevant provisions of the state and the provisions of the social pooling and basic medical insurance system for employees and retirees of enterprises in this Municipality.

Article 33 After the court declares an enterprise bankrupt, the enterprise stops paying social insurance premiums. The bankruptcy liquidation group shall liquidate the unpaid and unpaid social insurance premiums and social insurance funds borrowed by the bankrupt enterprise, and pay off the assets realized by the bankrupt enterprise, which shall be examined and confirmed by the municipal, district (county) social security center, mainly including:

(1) Various social insurance premiums that should be paid according to regulations;

(two) the living expenses and basic retirement pension of the borrowed employees;

(three) other expenses charged from the social insurance fund in accordance with the provisions.

Thirty-fourth city social security center is responsible for examining and determining the specific amount of social insurance funds and social insurance fees unpaid and borrowed by bankrupt enterprises in the city, and approving the socialized management of retirees; The district (county) social security center is responsible for the settlement of the social insurance fund of bankrupt enterprises that are not included in the national enterprise merger, bankruptcy and re-employment work plan, the preliminary confirmation of withholding, and the transfer and continuation of the social insurance relationship of retirees.

Article 35 The municipal, district (county) social security center shall, after receiving the expenses accrued (or advanced) by retirees from bankrupt enterprises, issue receipts to the fund payer and collect them into the financial special account of the social insurance fund according to the process of the social insurance fund.

Article 36 An enterprise shall, within 30 days from the date when the court declares bankruptcy, go to the social security center of the insured area (county) for cancellation of social insurance registration and termination of social insurance payment with the court ruling and relevant supporting materials. During the period of bankruptcy liquidation, the social insurance premiums that should be paid by the left-behind employees of enterprises can be paid back after resettlement.

Chapter VII Supplementary Provisions

Article 37 The wages of the left-behind personnel and the social insurance premiums that should be paid shall be included in the bankruptcy liquidation expenses.

Article 38 After the court makes a final ruling, the liquidation group of bankrupt enterprises shall report the bankruptcy liquidation report and the final ruling to the municipal, district (county) labor and social security departments for the record.

Article 39 The number of employees of a bankrupt enterprise shall be determined according to the actual number of employees on the day when the court declares bankruptcy.

Fortieth these Measures shall come into force as of July 6, 2002 +0. Where the past provisions are inconsistent with these Measures, these Measures shall prevail.

Attachment:

Agreement on self-employment of employees of bankrupt enterprises (Beijing Municipal Bureau of Labor and Social Security)

Party A:

Party B:

According to the Enterprise Bankruptcy Law of the People's Republic of China (for Trial Implementation), the Notice of the General Office of Beijing Municipal People's Government on Forwarding the Interim Provisions on Bankruptcy of State-owned Enterprises in Beijing and the Interim Provisions on Merger of Enterprises in Beijing (J.F. [2000] 106No.) and the relevant provisions of Beijing Municipal Labor and Social Security Bureau and Beijing Municipal Economic Commission, Party A ×××××××××××××××××××××××××××××××××××××××××××××××

1. Party B shall apply to Party A for self-employment and terminate the labor relationship with Party A. ..

2. After Party A agrees to Party B's application, Party A signs this agreement, and the labor relationship between Party A and Party B will be terminated from the date of signing this agreement. Party A shall pay Party B a one-time self-employment resettlement fee of RMB 110,000.00 Yuan within ×× days.

3. Party A shall be responsible for storing the Certificate of Termination of Labor (Employment) Contract or Working Relationship and my self-employment agreement in Party B's personnel file. And transfer Party B's personnel files to the Beijing Employment Service Center recognized by Party B, the district (county) employment service center where my household registration is located, or the street (town) labor and social security department. ..

Four. Party B shall actively cooperate with Party A to handle relevant formalities.

Verb (abbreviation of verb) Matters not covered in this agreement shall be implemented in accordance with the relevant provisions of the state and this Municipality.

This agreement shall come into effect as of the date when both parties sign and affix their official seals.

Seven. This agreement is made in triplicate, one for each party and one for Party B's personnel file.

Party A (official seal) Party B

Person in charge (signature)

(or signature of authorized agent)

Year, month, sun, moon, sun.

References:

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