What should we do now if our employees who have restructured their enterprises have not paid unemployment insurance?

The design of employee resettlement plan for enterprise restructuring

and work steps

The handling of labor relations in the restructuring of state-owned enterprises involves the vital interests of the majority of employees and is policy-oriented Strong, difficult work, related to the success or failure of reform and social stability. A good employee resettlement plan is a strong guarantee for the smooth progress of enterprise restructuring. Therefore, we must fully realize the importance of this work. Next, I will talk about the design and specific work steps of the labor resettlement plan from the following aspects.

1. Prerequisites for program design

First of all, the specific form and objectives of the restructuring must be clarified. From the perspective of ownership of property rights, the restructuring of state-owned enterprises can be divided into the following types: first, the nature of sole state-owned enterprises will still be retained after restructuring; second, state-owned enterprises transformed into state-controlled enterprises (this is further divided into relative control and absolute control). form); third, restructured into an enterprise with state-owned capital participation; fourth, restructured into an enterprise with all state-owned capital withdrawing (including acquisition or merger by private capital or foreign capital, implementation of joint-stock cooperative system reform, and implementation of closure and bankruptcy). Different forms of enterprise restructuring have different arrangements for employee placement and management of retirees. For example, if employees are employed in enterprises that are restructured into state-owned and state-controlled enterprises, according to the policies of the Provincial Department of Labor and Social Security, they can change the labor contract and not pay economic compensation; for enterprises that are restructured into non-state-owned and non-state-controlled enterprises, this does not matter. Whether employees are employed in a restructured enterprise, they must terminate their labor contract with the original enterprise and pay economic compensation. The resettlement for employees of policy-related bankruptcies is in the form of payment of one-time resettlement fees.

Secondly, we must have a detailed understanding of the company's human resources status and make accurate statistics on relevant data. We lawyers call this due diligence. The contents of the survey include the following:

1. The total number of employees in the company and their distribution, and classified by age, position, gender, etc.;

2. Retired personnel of the company The specific situation (including whether there are people eligible for early retirement)

3. The distribution of corporate managers in various companies;

4. List of corporate employees (including working hours , file salary, length of service, gender, age, etc.);

5. The participation of enterprise employees and retirees in social security and medical insurance;

6. The specific number of work-related injuries and disabilities, Level, participation in work-related injury insurance and compensation status;

7. The specific number of female employees in the "third phase";

8. Whether the company has been streamlined and sent to rural areas in 1962 and is still there Personnel receiving living allowances in the enterprise and their specific situation

9. At present, the standards for internal retirement, co-insurance and retirement of employees within the enterprise, as well as the specific number and wage payment standards;

Understand the above information It is helpful to make a more accurate budget for the restructuring costs.

II. Contents of the Employee Resettlement Plan

According to the provisions of the "Interim Measures for Review of the Diversion and Resettlement Plan for Employees Restructured by Enterprises", the employee resettlement plan mainly involves the following aspects:< /p>

1. Basic principles for employee placement: (1) Adhere to the principle of acting in accordance with the law. It is required to strictly abide by laws and regulations and conscientiously implement relevant policies; (2) Adhere to the principles of openness, fairness and impartiality. It is required that all work should be publicized and all employees should enjoy equal policies and economic treatment; (3) Mass line principle. It is required to extensively consult and fully respect the opinions of employees; (4) fully safeguard the principle of employee interests. (5) The principle of combining overall design and distributed implementation. etc.

2. The basic situation of the company’s employees: This has been fully explained in the due diligence investigation. However, the main highlights in the plan are: (1) The total number of employees of the enterprise; the number of employees on the job; the number of retired and retired personnel; the number of employees within 5 years of the statutory retirement age; the number of employees within 5-10 years of the statutory retirement age; (2) Number of people injured or disabled at work; (3) Annual/monthly average salary of enterprise employees; (4) Basic data such as social insurance.

3. Handling of enterprise employee labor relations: Handling of employee labor relations should be handled differently according to different forms of restructuring and different objects. The principles of compliance with the law and consensus should be followed, and the labor relations with employees should be adjusted mainly through the following methods. The first method is to terminate the labor relationship.

It is mainly for those employees whose labor contract has expired or the conditions for the termination of the labor contract agreed between the company and the employee have arisen, and the labor contract cannot be renewed. Regarding the question of whether these employees need to pay living allowances, I think the "Opinions on Several Issues in the Labor Law" stipulates: "When the labor contract expires or the conditions for the termination of the labor contract agreed upon by the parties appear, the labor contract shall be terminated, and the employer may No economic compensation shall be paid to workers”, and it also stipulates that “if the state has other provisions, such provisions may be followed”. Document No. 280 (2001) of the Ministry of Labor and Social Security’s Labor and Social Security Department stipulates that “State-owned enterprises implement a labor contract system”. After the Interim Provisions are abolished, if there are local regulations on the payment of living allowances for employees of state-owned enterprises after the expiration of their labor contracts and the termination of the labor relationship with the enterprise, they may be implemented in accordance with local regulations. If there are no local regulations, the time when the "Regulations" are abolished shall prevail. For employees hired by the enterprise before the "Regulations" are abolished, when the labor relationship with the enterprise is terminated after the expiration of the labor contract, the employee shall be accrued until the time when the "Regulations" are abolished. The living allowance for the period of time shall not exceed 12 months at most; for employees hired by the enterprise after the abolition of the "Regulations", when the labor contract expires and the labor relationship is terminated, the living allowance does not need to be paid. When a state-owned enterprise is restructured, whether the original state-owned enterprise employees in the enterprise will pay living allowances after the labor contract is terminated shall be determined by each province, autonomous region, and municipality directly under the Central Government based on the actual situation. I believe that certain living allowances can be paid to such employees based on the actual situation of the enterprise to reduce the resistance to enterprise restructuring. At the same time, these employees can enjoy unemployment insurance benefits in accordance with regulations. The second method is to terminate the labor relationship. According to the restructuring policy of provincial enterprises, it mainly applies to those employees who are employed by non-state-owned and non-state-holding enterprises and seek self-employment after restructuring, including those employees with irregular labor relations (such as those who are on leave without pay, and those who are not looking for jobs). , those on long leave, and those who have retired. The handling of the labor relations of these people will be discussed separately below). Changsha's "Implementation Rules on Deepening the Reform of Municipal State-owned Enterprises" (Changzhengbanfa No. 200435) requires that when municipal state-owned enterprises are restructured, all employees should straighten out their labor relations with the original enterprise and terminate their labor contracts. Economic compensation shall be paid to employees whose labor relations are terminated, and these workers may also apply for unemployment insurance benefits in accordance with relevant regulations. For large and medium-sized state-owned enterprises that separate their main and auxiliary businesses and restructure their auxiliary businesses, the original main enterprise must terminate their labor contracts and pay economic compensation to those who enter the restructured and diverted enterprises in accordance with the law. The third method is to change or re-sign the labor contract. For those employees who remain employed in enterprises that have been restructured into state-owned and state-controlled enterprises. According to the provisions of the 11+1 document, if economic compensation is not paid, the restructured enterprise shall sign a new labor contract with its employees, and the term shall not be shorter than 3 years. Among them, employees who meet the conditions for signing an unfixed-term labor contract must propose to sign it. If there is no fixed-term labor contract, the restructured enterprise should sign a non-fixed-term labor contract. In the future, if the restructured enterprise needs to terminate the labor contract with the employee and meets the conditions for payment of economic compensation, the economic compensation should be calculated based on the employee's working years before and after the restructuring. When handling employee labor relations, attention should also be paid to the handling of several special types of labor relations: First, straighten out irregular labor relations. These employees include: those who are on leave without pay, those who are not looking for a job, those who are on long leave, and those on long-term sick leave. For these employees, they should be notified to return to the company within a specified time (30 days is more appropriate) to handle the relevant changes or terminations. The procedures for the labor contract relationship; at the same time, they must also be resettled. If the above personnel do not return to the company to handle relevant procedures within the prescribed period, they will be treated as voluntarily resigning without financial compensation. For those who are affiliated with the company, they should be notified to come to the company within a time limit to complete the procedures for terminating the "affiliation" relationship. If the procedures are not completed within the time limit, the "affiliation" relationship will be automatically terminated. Second, the handling of labor relations for work-related injuries and work-related disabilities, as well as for sick or non-work-related injuries: For work-related injuries and work-related disabilities, employees shall be determined by the enterprise in accordance with the relevant laws and regulations according to the disability level identified by the labor appraisal committee at or above the municipal level. Regulations and policies set aside relevant fees and transfer them to the restructured enterprises for management, and the restructured enterprises pay social insurance premiums. Specific fee withdrawals will be covered below. For those who are sick or injured not due to work, since there are no clear provisions in the policy, according to the provisions of the labor law, the company cannot terminate the labor relationship with them if they are still in the medical treatment period. Therefore, for these people, flexible measures should be taken. Handle it and try to hand it over to the restructured enterprise, but you can also handle it by terminating the labor contract and repaying medical wages.

Third, the handling of the labor relations of female employees who are in the "three periods" (pregnancy, childbirth, and lactation) during the restructuring: According to the provisions of the labor law, the enterprise cannot terminate the labor relationship with these employees, and should also handle them flexibly. However, It can also be dealt with by staying in the restructured enterprise or by terminating the labor contract and repaying the employee's wages for three periods.

4. Forms of employee diversion and resettlement: There are mainly four forms of employee diversion and resettlement: The first is to sign a new labor contract with the restructured enterprise to determine the labor relationship. According to relevant documents, enterprises after restructuring should give priority to hiring employees of the original enterprise and re-sign labor contracts with employees. The term shall not be shorter than 3 years. Among them, employees who meet the conditions for signing a non-fixed-term labor contract shall propose to sign an indefinite-term labor contract. If a labor contract is required, the restructured enterprise shall sign a labor contract with no fixed term. For non-state-owned enterprises after restructuring, if the enterprise wants to recruit employees, it should also give priority to the employees of the original enterprise. It is best for restructured enterprises to recruit employees from the original enterprise through competitive recruitment. The second type is internal retirement. For employees who are within 5 years (including 5 years) of the statutory retirement age, they can be retired internally and no financial compensation will be paid. After retaining expenses according to regulations, the restructured enterprise or the relevant local agency will be responsible for the management, and the employees who retire internally will be paid according to regulations. Pay basic living expenses and pay social insurance premiums. The third type is agreement insurance. For employees who are 5 to 10 years away from the statutory retirement age, if the labor relationship is terminated, they can sign an agreement with the restructured enterprise to retain the social insurance relationship (hereinafter referred to as the co-insured person), terminate the labor relationship with the original enterprise, and no economic compensation will be paid, and the restructured enterprise will Responsible for management and paying insurance premiums in accordance with regulations or agreements. Co-insurance personnel can apply for unemployment insurance benefits according to regulations during the co-insurance period, and the new enterprise will pay social insurance premiums on their behalf. After they meet the retirement conditions, they will go through the retirement procedures. The fourth type is self-employment. Employees who take the initiative to apply for self-employment will be dealt with by terminating the labor relationship and paying economic compensation.

5. Management of retired personnel: First, the management of retired personnel. The resettlement of retirees in restructured enterprises is mainly through participating in social insurance co-ordination, reserving pension insurance and medical insurance premiums for a certain period of time and paying them to social insurance agencies, and the basic pension payment and management work is gradually separated from the enterprise. That is to implement social management. Second, the management of retired cadres. Enterprises that are changed to state-owned or state-controlled holdings shall be responsible for the restructured enterprises; enterprises that are changed to non-state-owned enterprises, as well as closed or bankrupt enterprises shall be handed over to the veteran cadre management agencies determined by the city, state, county and district party committees and governments according to the territorial principle. The specific implementation methods are based on the "Implementation Opinions on the Resettlement and Management of Retired Cadres in the Reform of Provincial State-owned Enterprises".

6. Continuation of social insurance relations: There are generally three methods for continuation of social insurance relations in restructured enterprises: The first is for the new enterprise after restructuring to handle the renewal as a whole for employees who have re-signed labor contracts. Insurance procedures. The second is for the new enterprise after restructuring to implement early retirement for employees who are within 5 years of the statutory retirement age, and implement cooperative insurance for employees who are 5 to 10 years from the statutory retirement age, and pay basic pension insurance to the social insurance agency on their behalf. and basic medical insurance premiums until the statutory retirement age is reached. The third type is self-employed employees. No matter what form of re-employment they take, they must handle the continuation of their social insurance relationship on their own in accordance with the principles of territorial management of social insurance and relevant overall payment regulations. According to the document, if the first two are adopted, the restructured enterprise shall go to the local social insurance agency to handle social security changes, continuation and other procedures within 30 days of registration. The third method is to go to the social security agency yourself, or you can entrust an employment agency to handle the insurance enrollment procedures. Separation of main and auxiliary businesses, and restructuring of auxiliary industries: Enterprises undergoing restructuring and diversion must also promptly renew various social insurance relationships such as pensions, unemployment, and medical care for their employees.

7. Withdrawal of relevant funds: First, withholding of basic pensions: When an enterprise implements closure, bankruptcy, restructuring and reorganization, it must leave enough basic pension for its retired personnel calculated on the average expected remaining life of 10 years. Jinhe calculates basic medical insurance premiums for 10 years based on 6% of the total wages of the company's active employees, and allocates a one-time payment to the local social insurance agency. For early retirees who have not reached the legal normal retirement age (60 years old for men, 55 years old for female cadres, 50 years old for female workers, except for work-disabled retirees), the basic pension insurance premiums and social insurance payable in the year of early retirement must be reserved. The handling agency pays the fees required for the basic pension year in advance.

(Xianglao Shefa [2003] No. 142) Second, the withdrawal of medical expenses for retirees: (1) If it is still a state-owned or state-controlled enterprise after restructuring, no withdrawal will be allowed; (2) If it is a non-state-owned and state-controlled enterprise after restructuring, For non-state-controlled enterprises, if the salary base paid is not lower than that of the original enterprise, no withdrawal will be made; if it is lower than that of the original enterprise, the lower difference will be withdrawn. The standards for setting aside social insurance premiums vary from place to place. The basic medical insurance in Changsha City is reserved for retirees at a rate of 15,000 yuan per person, and for retirees at a rate of 50,000 yuan per person. Third, those who were transferred back to their hometowns in 1962 and are still receiving living subsidy from the enterprise: The living subsidy will be withdrawn in one go based on the calculation of 10 years according to the standards stipulated by the state and the province. (The per capita rate in Changsha is 20 yuan/month.) Fourth, as identified by the labor ability appraisal committee at or above the city, state and above levels, the person has completely lost the ability to work due to illness (including cancer, mental illness, severe renal failure, paralysis) and is disabled due to work-related injuries of grades 1-6 Personnel: Those belonging to the province will be withdrawn in one go at a standard of not less than 40,000 yuan per capita. In Changsha City, work-related injuries are distinguished. Those with levels 1-4 are accrued according to the "Work-related Injury Insurance Regulations", and those with levels 5-6 are accrued at 40,000 yuan per person. Fifth, the accrual of pensions and relief funds; Sixth, regarding the medical reserve fund for retirees, retirement payment reserve fund and other policy subsidies and related funds paid by enterprises that are not included in the scope of social coordination. One-time withdrawal for 10 years. Seventh, subsidies for reformed personnel who have received the "Honorable Certificate for Parents of Only Children". Regarding the issue of fund retention, what we need to pay attention to is to retain as much as possible within the scope allowed by the policy, so as to reduce the burden on new enterprises after restructuring.

8. Standards, sources of funds and payment methods for economic compensation or resettlement fees: First, calculation standards: including local city standards, industry standards, bankruptcy standards, and additional policy standards (1) General standards : Articles 8 and 9 of the "Economic Compensation Measures for Violation and Termination of Labor Contracts" stipulate that according to the number of years the employee has worked in the unit, an economic compensation equivalent to one month's salary will be paid for each full year of working time. The wage standard for economic compensation stipulated in Article 11 refers to the average monthly wage of the employee in the 12 months before the termination of the contract under normal production conditions of the enterprise. It should be noted that although the compensation calculation method for economic compensation in the documents of the Provincial Department of Labor and Social Security is based on the economic compensation equivalent to one month's salary for each full year of working time, the salary calculation standard is It is based on the employee’s average monthly salary in the 12 months before the labor contract is terminated. Among them, if the average monthly salary of employees is lower than the average monthly salary of employees on the job in the enterprise, the payment shall be calculated based on the average monthly salary of employees in the enterprise; if the average monthly salary of employees in the enterprise is lower than the average monthly salary of employees on the job in the city or state where the enterprise is located, the payment may be based on the average monthly salary of employees in the enterprise. The average monthly salary of employees on the job in a city or state enterprise is calculated and paid; if the average monthly salary of employees or the average monthly salary of employees on the job in an enterprise is higher than three times the average monthly salary of employees in the city or state where the enterprise is located, the salary shall be calculated and paid according to the standard of not being higher than the average monthly salary of employees on the job in the city or state where the enterprise is located. The standard salary is three times the average salary. (It can be summarized as: stick to the high rather than the bottom, and there is an upper limit). The specific amount should be based on the statistical data of the enterprise and relevant statistical departments. Regarding the calculation of working years, employees who were originally in state agencies, state-owned enterprises and institutions, or had military service, and who were not compensated before, may be compensated together. (2) Standards for enterprises that separate main and auxiliary businesses and restructure auxiliary industries: The standard for economic compensation for provincial enterprises is: one month’s compensation equivalent to the average monthly salary of the employees in the city where the enterprise is located for each year of work . Municipal and state enterprises are determined by each city and state according to their own circumstances. ("Implementation Measures for the Separation of Main and Auxiliary Businesses in Hunan Province's Large and Medium-sized State-owned Enterprises, Restructuring, Diversion and Relocation of Surplus Personnel") (3) Changsha City's standards: 1. Compensation standards for identity replacement after restructuring: The original enterprise Recruited permanent workers shall be retained according to the standards stipulated in Article 11 of Changsha Municipal People's Government Changzhengfa [1995] No. 50 Document, that is, 500 yuan/year for those with 1-10 years of service, and 900 yuan/year for those with more than 10 years of service, divided into sections Calculated cumulatively, the total amount shall not exceed 20,000 yuan. Employees under labor contracts recruited by the enterprise after 1984, and whose contracts have not yet expired, will be compensated according to Document No. 481 issued by the Ministry of Labor [1994], that is: the employer will compensate the employee for each full working time based on the number of years the employee has worked in the company. Economic compensation equivalent to one month's salary will be paid per year, and if it is lower than the average salary of the enterprise, it will be calculated based on the average salary of the enterprise.

Standards for resettlement payments for bankrupt employees of an enterprise: For employees of a state-owned enterprise that worked before the implementation of the labor contract system, the labor relationship with the enterprise is terminated. In principle, the one-time resettlement payment will be based on the previous year’s average salary of all employees in the city or state where the bankrupt enterprise is located when the court declares bankruptcy. Three times the income will be paid; contract employees who work after the implementation of the labor contract system will be given economic compensation at the standard of one month's salary for every one year of service. Second, sources of funds: net assets of the enterprise; asset realization; land use rights transfer fees; net assets of the holding company; savings on wages and welfare fees payable; government and fiscal subsidies (special funds for reform). Changsha City's "Implementation Rules on Deepening the Reform of Municipal State-owned Enterprises" (Changzhengbanfa No. 200435) stipulates that the financing of restructuring funds includes, (1) income from the realization of corporate assets (income from debt restructuring, remaining net assets) as the main source ; (2) Unified planning by the municipal state-owned assets authority and loans from banks; (3) Capital budget arranged by the municipal finance; (4) Special funds for restructuring. Fourth, payment methods: cash payment; physical capital investment; liabilities gradually paid off; various methods can also be used flexibly. In principle, compensation for employees is based on assets, and the compensation can be converted into equivalent equity or debt in the restructured and diversion enterprise. Cash compensation should be applied to those who terminate the labor contract and seek self-employment.

9. Handling of creditor's rights and debt relationships between employees and enterprises. Creditor-debt relationships arise between employees and enterprises based on labor relations. This part of employee claims mainly includes the following types: first, the enterprise arrears wages, living allowances and social insurance premiums to employees; second, the debt formed by the enterprise's internal directional fund-raising, which we usually call fund-raising; third 1. Benefits owed by the company to employees, such as medical expenses and housing provident funds; 4. Other debts, such as compensation for injuries suffered by employees in the production and operation activities of the company or when performing company business, etc. In the process of enterprise restructuring, the owners, governance structures and legal representatives of the enterprise will change, and some will even disappear completely. The original debtors of these "internal debts" owed to employees by the enterprise seem to no longer exist. How to deal with this kind of debt? "Internal debt", so that employees' rights as creditors can be realized and their interests protected, has become an important issue that must be fully and properly handled during enterprise restructuring. If this part of "domestic debt" is not properly handled, it will inevitably affect the vital interests of employees, easily trigger labor conflicts, and directly affect the smooth progress of enterprise restructuring and social stability. Moreover, there is no essential difference between the debts owed by an enterprise to its employees and the debts incurred in its production and operations. According to the relevant provisions of the General Principles of the Civil Law, the Company Law and the judicial interpretation of the Supreme People's Court on enterprise restructuring, the debts of the enterprise's restructuring are In principle, it should be borne by the enterprise after restructuring within the scope of the property received. In this way, the debt will be transferred to the changed enterprise along with the transfer of enterprise property. If the enterprise does not deal with this part of "domestic debt" during the restructuring process, it may also lead to new creditor and debt disputes. Therefore, it must be fully considered during the restructuring and included in the overall enterprise restructuring plan to solve it. A recent document issued by the Provincial Department of Labor and Social Security also clearly requires that when enterprises undergo restructuring, they should repay arrears of wages, living expenses, medical expenses, fund-raising funds, misappropriated housing provident funds and arrears of social insurance to employees in accordance with laws, regulations and policies. fee. At the same time, some employees also owe money to the company. In particular, if business personnel underpay or fail to pay the balance of travel expenses and payment for goods, these claims must be investigated and recovered one by one. Some companies will deduct them from the economic compensation. For individual individuals who insist on refusing to hand over the money, if the education is ineffective, the evidence is conclusive, and the amount is relatively large, they can request the procuratorate to be held accountable for corruption.

3. Specific work steps

1. Do a good job in mobilization, policy interpretation and publicity, guide employees to enhance their awareness and ability to bear reforms, change their employment concepts, and enable employees to understand and support and actively participate in reform.

2. Formulate the "Employee Resettlement Plan" on the basis of fully listening to the opinions of employees, and communicate with relevant government departments in a timely manner.

3. In accordance with the provisions of the "Labor Law", the "Employee Resettlement Plan" will be notified to the Workers' Congress or to all employees 30 days in advance, and the Workers' Congress or Workers' Congress will discuss and adopt it and finally form a resolution.

4. Submit the approved "Employee Resettlement Plan" and the legal opinion issued by the law firm to the relevant government departments for review and approval.

5. Concretely implement the approved "Employee Resettlement Plan".

(1) Announce the approved "Employee Resettlement Plan" in the form of a notice to all employees;

(2) Issue the "Implementation Notice of Straightening Labor Relations" to all employees;

(3) Sign relevant agreements with employees in accordance with the time, requirements and procedures of the "Implementation Notice" for notarization, and issue economic compensation to qualified employees, and issue financial compensation to employees whose labor contracts are terminated or terminated. "Certificate of Termination or Dissolution of Labor Relations";

(4) The restructured enterprise changes or re-signs the labor contract with the receiving employees; if employee stock ownership is adopted, the economic compensation can be converted into into shares, issue stock purchase certificates to employees; confirmation of economic compensation converted into shares (creditor's rights); confirmation of employee equity;

(5) Assist employees who have not been re-employed to handle file transfer procedures;

(6) Issue the "Measures for the Individual Payment of Social Insurance for Self-Employed Employees" and the "Measures for the Handling of Unemployment Insurance and the Renewal of Personal Pension and Medical Insurance Funds" to all employees, and guide employees to apply for relevant social insurance ;

(7) The restructured enterprise shall go to the social insurance agency to handle the social insurance renewal procedures for employees who have re-signed labor contracts and those who have retired or are insured;

(8) Transfer the relevant retained funds to local social security agencies or restructured enterprises;

(9) Handle file transfer procedures for retirees and transfer them to local social security agencies or veteran management agencies.

(10) Handle the creditor's rights and debt relationships with employees.

6. Report the implementation status of employee resettlement to relevant government departments.

IV. Several issues that should be paid attention to

In the process of formulating and implementing the plan, we should also pay attention to the following issues:

First, we must do a good job In-depth and meticulous ideological work

The most important thing in the reform of the property rights system of state-owned enterprises is whether the employees' ideas can keep up with the pace of reform. If the employees' ideas cannot achieve "reform", then the enterprise restructuring work will encounter greater difficulties. resistance. It is necessary to make employees understand the significance of restructuring through extensive policy propaganda and understand that restructuring is an inevitable trend in the development of the socialist market economy and the only way for enterprises to survive and develop, so as to enhance the adaptability and endurance of all employees. It is necessary to establish necessary communication channels between the upper and lower levels, conscientiously answer the issues that employees are concerned about, reduce and resolve various conflicts as much as possible, resolve conflicts and hidden dangers at the grassroots level, and avoid the occurrence of employee petition cases. When the restructuring enters the substantive stage, while protecting the interests of most employees, personal interests will inevitably be touched, and various doubts will continue to arise. During this period, enterprises must do ideological work at different levels.

Second, we must respect employees’ right to know and their right to democratic participation

The right to know is a powerful means for employees to protect their own interests, the right to know is an effective means to supervise their rights, and the right to know is an important part of modern democracy fundamental requirements. The restructuring of enterprises involves the vital interests of many employees, and special emphasis should be placed on the principles of openness, fairness and impartiality. It is necessary to extensively solicit the opinions of employees, recruit employees with high comprehensive quality to join the enterprise restructuring leading group, and participate in the entire process of discussion, demonstration, and formulation of the plan (draft). Only in this way can we gain the full trust of the majority of employees, gain the understanding and support of the employees, and facilitate the steady and orderly advancement of the restructuring work.

Third, we must accurately grasp policies and strictly standardize operations

Enterprise restructuring involves a wide range of areas and is highly policy-oriented. It is necessary to safeguard the legitimate rights and interests of employees, maintain social stability, and ensure that state-owned enterprises Assets must be safe and not lost, and a good development platform must be created for enterprises after restructuring... This series of issues requires that existing policies be fully utilized and utilized according to the actual situation of the enterprise during restructuring. It is necessary to strictly follow the policies and procedures and standardize operations; it is necessary to organize employees to participate in meetings and vote in strict accordance with the legal scope and number of people; it is necessary to fully respect the choices of the people, listen extensively to the opinions of the people, and reflect the will of the employees; it is necessary to enhance transparency and resolutely put an end to black-box operations.

Fourth, it is necessary to protect the interests of employees in compliance with laws and regulations

According to policy regulations, when an enterprise is restructured, the original enterprise must change and terminate the labor contract with its employees in accordance with the law, standardize and establish new labor relations . When dealing with issues related to employee status conversion and economic compensation, they should be resolved before the enterprise restructuring is completed. It is best not to bring the issues to the new enterprise.

It is necessary to comprehensively apply the relevant policies of the central, provincial and municipal governments, and according to the actual local environment, properly resettle retired, work-injured, and retired employees, handle arrears of relevant employee fees and social insurance fees in a reasonable and compliant manner, and safeguard the legitimate rights and interests of employees. The restructuring plan must be approved by the workers' congress. Only in this way can we lay the foundation for the smooth progress of restructuring.

Extended reading: How to buy insurance, which one is better, and step-by-step instructions to avoid these "pitfalls" of insurance