Shanghai Regulations on Labor and Personnel Management of Sino-foreign Joint Ventures

Chapter 1 General Provisions Article 1 In order to strengthen the labor and personnel management of Sino-foreign joint ventures in Shanghai and promote the development of Sino-foreign joint ventures, in accordance with the "Law of the People's Republic of China on Sino-Foreign Joint Ventures" These regulations are formulated in conjunction with its implementation regulations, the "Labor Management Regulations of the People's Republic of China on Sino-foreign Joint Ventures" and other relevant laws and administrative regulations, combined with the actual situation of Shanghai. Article 2 All Sino-foreign joint ventures (hereinafter referred to as joint ventures) established in Shanghai shall implement these Regulations. Chapter 2 Recruitment, Dismissal and Resignation of Employees Article 3 A joint venture may determine its own organizational structure and staffing according to the needs of production and operation. The employment plan determined by the enterprise's board of directors shall be reported to the enterprise's competent department and the Shanghai Municipal Labor Bureau and Shanghai Municipal Personnel Bureau for filing, and then implemented under the guidance of the above-mentioned departments. Article 4 The Chinese engineering and technical personnel, management personnel and technical workers needed by the joint venture can be recommended by the enterprise's competent authorities and Chinese investors from within this system, or the enterprise's competent authorities can recommend them from universities, secondary vocational schools, technicians Recommended among fresh graduates of the school, or open recruitment within the city, and hired after passing the company's assessment. If a small number of personnel cannot be solved in this city, they can be recruited or borrowed from other provinces and cities after consultation with the Shanghai Municipal Labor Bureau and the Shanghai Municipal Personnel Bureau and with the consent of the relevant regional labor and personnel departments. However, students at school and according to national regulations are not allowed to be recruited. Personnel who are not allowed to be hired according to the policy.

When a joint venture openly recruits current employees in this city, the original unit of the employed employees should actively support them and allow them to move around. If there is a dispute, it will be coordinated and adjudicated by the Shanghai Municipal Labor Bureau and Shanghai Municipal Personnel Bureau respectively. Article 5 When an entire enterprise in this city is jointly operated with a foreign businessman, the Chinese employees required by the joint venture shall first be assessed and recruited from the employees of the original enterprise; the employees who are not hired shall be assigned another job by the competent department of the original enterprise. Article 6 Foreign investors in a joint venture may recommend individual domestic relatives and friends who have practical work capabilities and suit the needs of the enterprise as employees of the joint venture and will be hired after passing the enterprise's assessment. Article 7 The minimum age for employees recruited by a joint venture must be 16 years old; for those engaged in toxic and harmful operations or particularly heavy physical labor, the minimum age must be 18 years old.

The employees recruited by the joint venture from this city should have permanent residence in Shanghai. Article 8 When a joint venture recruits Chinese employees, it must go through the recruitment procedures with the labor department and personnel department of the relevant district or county. Article 9 If employees recruited by a joint venture need to be on probation, the probation period is three to six months. Article 10 All employees of a joint venture shall be subject to a labor contract system. The joint venture may sign labor contracts of different terms with its employees based on the needs of production and operation. The labor contract must comply with the relevant laws and regulations of our country, and its content should include:

(1) The quantity and quality indicators that should be achieved in production and work, or the tasks that should be completed;

(2) Trial period and contract period;

(3) Labor remuneration, labor insurance, and living welfare benefits;

(4) Production, working conditions and labor protection;

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(5) Labor discipline, rewards and punishments, dismissal and resignation terms;

(6) Responsibilities for those who violate the labor contract;

(7) Both parties deem it necessary Other matters specified.

The labor contract has legal effect from the time it is signed, and both parties must strictly implement it. Any request by either party to modify the contract must be negotiated and agreed upon by both parties. If renewal is required after the contract expires, the contract can be renewed with the consent of both parties.

The standard text of the labor contract should be submitted to the enterprise authorities, Shanghai Municipal Labor Bureau, Shanghai Municipal Personnel Bureau and Shanghai Federation of Trade Unions for filing. The above-mentioned departments can respectively supervise and inspect the implementation of the contract. Article 11 A "Labor Manual" system must be established for Chinese employees in joint ventures. The "Labor Handbook" is the certificate for employees to participate in work, enjoy unemployment insurance, retirement pension insurance and re-register for employment.

Article 12 If any of the following circumstances applies, the joint venture may terminate the labor contract and dismiss the employees: (1) During the probation period, it is found that the employment conditions are not met;

(2) The employee is sick or injured not due to work and is unable to engage in the original job after the prescribed medical treatment period expires;

(3) The employee should be dismissed in accordance with the provisions of the labor contract due to serious violation of labor disciplines ;

(4) The enterprise has redundant personnel due to changes in production, operation or technical conditions;

(5) The enterprise declares dissolution or the joint venture period expires. Article 13 If an employee is removed from the job, dismissed, re-education through labor or sentenced, the labor contract shall be automatically terminated. Article 14 Under any of the following circumstances, a joint venture shall not terminate the labor contract or dismiss its employees:

(1) The employee is within the prescribed medical period due to illness or non-work-related injury;

(2) An employee is injured at work or suffers from an occupational disease and is undergoing treatment or recuperation, or the employee is partially or completely incapable of working as confirmed by the Labor Appraisal Committee after medical treatment;

(3) Implementation Female employees who plan to have children are during pregnancy, childbirth and lactation;

(4) The term of the labor contract has expired and the provisions of Article 12 of these Regulations are not complied with. Article 15 Employees may terminate the labor contract under any of the following circumstances:

(1) As confirmed by relevant state departments, the labor safety and sanitary conditions of the joint venture are poor and seriously endanger the health of employees;

(2) The joint venture fails to pay labor remuneration in accordance with the labor contract;

(3) The joint venture fails to perform the labor contract or violates the relevant laws and regulations of my country, infringing upon the legitimate rights and interests of employees;

(4) The employee needs to resign due to special circumstances and the joint venture agrees.