China Petrochemical Company [215] No.85
All enterprises, institutions and subsidiaries of joint-stock companies:
In order to ensure and promote China Petrochemical's deepening reform, transformation and development, we should properly do a good job in the diversion and resettlement of those who have left their posts due to industrial restructuring and strict "three-fixed" competition for posts, further optimize the human resource structure and improve labor productivity. Carry out work in accordance with relevant national laws and regulations and relevant regulations of China Petrochemical Company, properly handle labor relations in accordance with the law, safeguard the legitimate rights and interests of those who leave their posts, and ensure their basic livelihood.
(2) benefit orientation. Implement the requirements of the party group to "support people but not enterprises", optimize the allocation of human resources,
(3) classified guidance. Build a complete policy system, implement multi-channel diversion resettlement, formulate specific policies according to different situations, reasonably determine the treatment, respect the choice of off-duty personnel, and encourage units to innovate diversion resettlement methods in light of actual conditions.
(4) Supporting implementation. It is closely integrated with deepening the reform of labor employment and salary distribution, improving the foundation of human resource management, and implementing strict "three-fixed" competition for posts, systematically supporting and promoting, and strengthening the mechanism of selecting the best.
(5) active and steady. Carefully formulate plans, perform democratic procedures according to laws and regulations, strengthen publicity and explanation, standardize working procedures, implement the responsibility of maintaining stability, and organize and implement them steadily.
II. Applicable objects
(1) This opinion is applicable to those who leave their posts due to the implementation of industrial restructuring; Those who leave their posts due to strict "three-set" competition (including those who are difficult to adapt to high-intensity jobs due to age and physical strength); Those who are unable to provide normal work due to injury, disability and other reasons.
(ii) The channels and policies for placement by diversion stipulated in this opinion are applicable to the employees under labor contract who have been recruited before October 1, 214, and those under labor contract who have been recruited after October 1, 214 and whose target configuration is key positions or have been engaged in key positions. In this opinion, the off-duty personnel only refer to the above-mentioned applicable personnel.
(3) For the employees who are recruited after October 1, 214, the target configuration is the main position or ordinary position, and they are not engaged in key positions when they leave their posts, the unit shall dissolve and terminate their labor contracts and pay economic compensation to them according to law; If the employee of the labor dispatch system loses his post, the unit shall return it to the labor dispatch unit according to the law and the labor dispatch agreement; If a part-time employee loses his post, the unit should terminate the labor relationship with him < P > III. Diversion and resettlement channels According to the basic idea of "actively revitalizing, encouraging retirement, moderately diverting and properly resettling", the ex-employees are properly resettled through six channels: internal competition, external employment, early retirement, internal retirement, dissolution and termination of labor contracts, and suspension of work with pay.
(1) Internal competition for posts.
1. If there is a job vacancy in the unit, eligible ex-employees can be organized to take part in the competition for posts, and the salary and benefits after the preferred posts will be implemented according to the relevant regulations of the unit.
2. if the unit has posts suitable for the off-duty personnel and other types of employment are used in the relevant posts, it should intensify efforts to dismiss other types of employment according to law and make room for the off-duty personnel to compete for posts.
(2) work outside the unit.
1. When there is a post demand outside the unit (including inside and outside the system of China Petrochemical Company), targeted training can be organized to help those who have the will and ability to leave their posts to achieve their external posts.
2. when there is a demand for employment in the system, the unit should actively organize forces to implement overall allocation of human resources through business contracting, human resources export and personnel transfer (including phased transfer) in the system, and ex-employees can participate in the competition for overall allocation of posts and perform corresponding salary and welfare benefits after taking up their posts. The unit shall, according to the overall allocation of posts, the area where the posts are located, etc., and in accordance with different ways of overall allocation of human resources, make clear the salary and welfare benefits of the overall allocation of personnel after consultation with the post demand unit. The headquarters guides and helps the unit to carry out the overall allocation of human resources in the system by perfecting policies, building information platforms and strengthening organization and coordination. If the unit has achieved remarkable results in undertaking business within the system, the headquarters may consider relevant factors to give some encouragement to the contractor on the premise of effectively reducing the overall cost of China Petrochemical.
3. When there are businesses or batch job requirements outside the system that are suitable for contracting by the company, the company can organize forces as contractors to contract businesses outside the system, or organize the batch export of human resources. Those who leave their posts can take part in the post-related competition and perform corresponding salary and welfare benefits after taking up their posts. The unit should make clear the salary and welfare of the employees outside the system according to the post outside the system and the area where the post is located. If the unit carries out business contracting outside the system or bulk human resources export and has achieved remarkable results, the headquarters may consider relevant factors to give some encouragement on the premise of ensuring the unit to increase benefits.
(3) Early retirement.
1. In accordance with the principle of "taking into account history, being active and prudent", eligible people who have left their posts are encouraged to apply for early retirement (including resignation, the same below), which will be included in the management of enterprise retirees and be treated as retirees.
2. The unit should actively communicate with the local social security department to reasonably determine the scope of special jobs for early retirement; Units that have made great efforts to adjust the industrial structure and have a heavy task of diverting and resettling off-duty personnel can communicate with local social security departments and explore early retirement for off-duty personnel who do not belong to the scope of special jobs.
3. The unit can give some subsidies to those who leave the post for early retirement according to their own situation and affordability; After communicating with the local social security department and obtaining support, those who leave the post for early retirement will pay the endowment insurance premium for a certain period of time in one lump sum.
(4) Internal retirement.
1. If the retired personnel are less than 5 years away from the statutory retirement age, the two parties can sign an agreement according to the relevant regulations of China Petrochemical Company upon their own application and the approval of the unit, and the internal retired personnel can be managed as retirees, and the actual basic living expenses will be controlled at no higher than the normal retirement benefits.
2. According to its own situation and bearing capacity, taking into account the historical situation, the unit can give certain subsidies to those who meet certain conditions for internal retirement.
(5) dissolution and termination of the labor contract.
1. if the unit and the off-duty personnel agree through consultation that the off-duty personnel are willing to dissolve or terminate the labor contract according to law, the two parties shall sign an agreement to handle the procedures for dissolving or terminating the labor contract.
2. In addition to giving economic compensation according to law, the unit can also reasonably set the payment conditions to give a one-time subsidy to those who leave their posts to dissolve or terminate the labor contract.
3. After the employee who has left the post dissolves or terminates the labor contract, the unit should help him to handle the social insurance relationship, transfer of housing accumulation fund, transfer of personnel files, transfer of party-group relationship and other procedures in time, and handle the enterprise annuity matters according to the regulations.
4. Those who dissolve or terminate the labor contract according to the economic compensation and subsidy policies stipulated in this opinion will not implement the living subsidy policy of China Petrochemical (the living subsidy policy of China Petrochemical is only applicable to those who dissolve the labor contract according to the agreed labor contract policy before the end of the restructuring and diversion work and meet the specified conditions.
(6) Stop work with pay.
1. those who leave their posts and are not resettled through the above channels shall be suspended from their posts with pay. The employees who stop work and take paid leave can have a holiday in stages, but they should report to the unit regularly to participate in study and training and related activities.
2. At the initial stage of stopping work with pay, the unit should appropriately reduce the treatment of those who stop work with pay according to the reasons of leaving the post, and gradually reduce it with the extension of leaving the post. Long-term suspension with pay, according to the principle that the longer the distance from the legal retirement age, the shorter the working life of the unit, and the lower the treatment, the internal retirement treatment can be reduced to determine the treatment, and it can be connected with other diversion and resettlement channels. Under the premise of meeting the local regulations, the minimum wage can be a certain proportion of the local minimum wage standard.
3. Before reaching the retirement age, those who have stopped working with pay can be further resettled through relevant channels when they meet or meet the relevant conditions. The labor contract shall be terminated when the term of the labor contract expires. For those who have stopped working with pay for a short period of time in this unit, the time limit for stopping working with pay should be set reasonably. If they have been arranged for work within the time limit but have not been employed at the expiration of the time limit, the labor contract should be terminated.
4. encourage units to further actively innovate the resettlement methods for those who stop work and pay, and encourage and support those who stop work and pay to start their own businesses.
(1) The unit can organize targeted training to help those who are willing to start their own businesses to improve their ability to start their own businesses.
(2) Those who are willing to try to start their own businesses or find a job on their own can sign an agreement with the unit to keep the labor relationship for a certain period of time and related matters during the period. After the period is over, they can either terminate the labor contract through consultation or continue to stop work and stay on pay.
(3) For those who are willing to start their own businesses but lack start-up funds, the unit can explore the introduction of social funds to set up an "independent venture fund" to give some support and help.
(4) On the premise of complying with the relevant regulations, the unit can make use of the idle assets of non-core business to conduct joint ventures with social units with standardized management, or lease the idle assets to qualified social units for operation.
(5) The unit can encourage employees who have stopped working with pay to work in restructured enterprises or contractors whose business (services) are outsourced through policy guidance.
IV. Responsibilities
(1) The relevant departments and divisions of the headquarters are responsible for organizing and guiding the units to carry out industrial structure adjustment and strict "three decisions" work, studying and formulating relevant policies, examining and approving the shutdown and transfer plan and the implementation plan of major shutdown and transfer projects, guiding the units to do a good job in business adjustment, development and transformation, asset disposal and personnel diversion and resettlement, and helping the units to coordinate and strive for local policies. For major shut-down and relocation projects:
1. The Development Planning Department, Enterprise Reform Management Department, Capital Operation Department and the competent business department focus on making clear the direction of business adjustment and development transformation, guiding and reviewing the shut-down and relocation and property right adjustment and change plan prepared by the unit, guiding and helping the unit to contact and negotiate with the local authorities to win policy support.
2. The Finance Department and the competent business department focus on guiding and reviewing the asset disposal and land compensation plans, and guiding and helping the units to seek policy support from local governments in land compensation and fund raising.
3. the personnel department and the competent business department focus on guiding and reviewing the personnel diversion and resettlement plan, guiding and helping units to seek policy support from local authorities in terms of early retirement, re-employment and enjoying stable post subsidies, and organizing and coordinating the overall allocation of human resources in the system.
4. other departments of the headquarters shall guide the relevant work of the unit according to their respective responsibilities.
(2) The unit is the main body responsible for the adjustment of industrial structure and the implementation of the "Three Definitions" work. It is responsible for preparing the overall plan of industrial structure adjustment and the "Three Definitions" work plan according to the requirements of the headquarters, actively and steadily organizing the implementation and maintaining the smooth operation of production and operation and the stability of the team. In terms of personnel triage and resettlement:
1. According to the channels and policies stipulated in this opinion, we should reasonably select and comprehensively utilize various triage and resettlement channels in combination with the actual situation of our unit, study and formulate the implementation measures for the triage and resettlement of off-duty personnel, clarify the triage and resettlement policies, and organize the implementation after reporting to the competent business department and personnel department and performing democratic procedures as required; For major shut-down and parallel transfer projects, formulate a special plan for personnel diversion and resettlement, and report to the competent division and personnel department as required.
2. Make clear job responsibilities and implement them. Units with more off-duty personnel should set up leading organizations for the resettlement of off-duty personnel, set up offices and build platforms for collaborative work.
3. According to the method or scheme approved by the headquarters, on the basis of optimizing the allocation of human resources, we should carefully and orderly organize the resettlement of off-duty personnel, and actively and steadily implement each link.
4. We should communicate with local authorities, actively strive for support policies for early retirement, re-employment, etc., as well as relevant preferential policies to help people who have stopped work and left their jobs to start their own businesses. Units that arrange more laid-off workers in the unit through internal retirement, suspension of posts and unpaid leave should actively apply to the local authorities as enterprises with no layoffs, fewer layoffs and stable jobs in accordance with the provisions of the Notice on Issues Related to Unemployment Insurance Supporting Enterprises' Stable Jobs (No.76 [214] of the Ministry of Human Resources and Social Security) and enjoy the policy of unemployment insurance fund to subsidize stable jobs. Conditional units can negotiate with local authorities to explore the implementation of entrusted management of off-duty personnel.
V. Diversion and resettlement methods
(1) For those who leave their posts due to the establishment of industrial structure adjustment (including shutdown and transfer in oil areas, shutdown of oil and gas pipelines, downsizing of engineering teams, shutdown or relocation of refining units, liquidation, closure, cancellation or dissolution of affiliated units, and outsourcing of related business management methods, etc.), the following methods are adopted for diversion and resettlement:
1.
2. if the business is shut down and transferred for a long time or permanently, the unit should comprehensively use relevant subsidies. For those who work outside the system to terminate the labor contract according to the organization transfer method, they can be given a one-time subsidy appropriately. < P > 3. The rest of the people who have left their posts will be suspended with pay, according to the relevant regulations.
(3) For those who leave their posts because of injury, disability and other reasons, the following measures are mainly adopted for resettlement:
1. For those who are older and meet the conditions of early retirement and internal retirement, they are mainly resettled through early retirement or internal retirement.
2. For those who have left their posts for more than 5 years from the statutory retirement age, the age conditions for internal retirement can be appropriately relaxed, or they can be suspended with pay but managed and determined according to the internal retirement age.
3. In case of work-related injuries, the relevant treatment shall conform to the provisions of the industrial injury insurance of the country and the place where the unit is located.
(4) In case of liquidation, closure, cancellation or dissolution due to the adjustment of industrial structure of the joint venture company with limited liability contributed by the directly affiliated unit, the personnel shall be placed separately according to the national laws and regulations and the articles of association of the joint venture company. The personnel appointed by us and organized to enter the joint venture company shall be implemented in accordance with relevant agreements or agreements.
VI. Other matters
(1) In case of liquidation, closure, cancellation or dissolution of the subordinate units of the directly affiliated units, the directly affiliated units shall be responsible for the management of their internal retirement and retirement personnel, and maintain the continuity of policies.
(2) units should pay attention to retaining the backbone of their business and preventing brain drain in the work of diverting and resettling off-duty personnel. For full-time personnel with bachelor degree or above, personnel with senior and above professional and technical qualifications, technicians and above professional skill levels, and personnel in short supply in the unit and key personnel, except those who take the lead in organizing employees to start their own businesses or take the lead as contractors, the labor contract is generally not dissolved and terminated in accordance with the relevant provisions of this opinion, and economic compensation and subsidies are given, nor are they suspended from work for a long time. Units should determine the specific scope of personnel in combination with the actual situation.
(3) The headquarters, in combination with strengthening the management of total employment and labor costs, studies and formulates incentive and restraint measures, and rewards units that have made great efforts and achieved good results in controlling total employment, optimizing employment, improving the input-output efficiency of labor costs, and properly diverting and resettling off-duty personnel. For units that have stability problems due to ineffective resettlement of off-duty personnel,