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What does the labor employment system include?
Chapter I General Provisions
Article 1 In order to standardize the behaviors of enterprises and employees and safeguard the legitimate rights and interests of both enterprises and employees, these rules and regulations are formulated in accordance with the provisions of the Labor Law and its supporting laws and regulations and in combination with the actual situation of enterprises.
Article 2 These rules and regulations are applicable to enterprises and all employees, including managers, technicians and ordinary employees. Including probation supervisors and regular workers; If there are other provisions for employees in special posts, such provisions shall prevail.
Article 3 Employees shall enjoy labor rights such as remuneration, rest and vacation, labor safety and health protection, social insurance and welfare, and at the same time shall fulfill labor obligations such as completing labor tasks, observing enterprise rules and regulations and professional ethics.
Article 4 An enterprise has the obligation to pay the labor remuneration to its employees, provide them with working and living conditions, and safeguard their legitimate labor rights and interests. At the same time, it enjoys the right to make decisions on production and operation, the right to manage labor and personnel, the right to distribute wages and bonuses, and the right to formulate rules and regulations according to law.
Chapter II Enterprise Labor and Employment System
Section 1 Staff Recruitment, Training and Education
Article 5 When applying for an enterprise post, employees should be at least 18 years old (must be at least 16 years old) and hold legal certificates such as resident identity cards.
Article 6 When applying for enterprise posts, employees must dissolve or terminate their labor relations with other employers according to law, fill in the registration form of candidates truthfully and correctly, and may not fill in false contents.
Article 7 The resident ID card, professional letter of introduction, professional qualification certificate, education certificate, unemployment certificate or certificate of dissolution or termination of contract provided by employees when applying for a job must be their true documents, and they shall not borrow or forge documents to deceive enterprises.
Enterprises do not charge deposit when recruiting employees, and do not require to guarantee or detain resident ID cards, temporary residence permits, graduation certificates, vocational qualification certificates and other documents.
Article 8 Enterprises shall strengthen the training and education of employees, and carry out pre-job training, vocational education or on-the-job continuing training and education according to the quality and post requirements of employees, so as to cultivate their professional pride and professional ethics awareness.
Article 9 The relevant matters involved in providing special training funds for enterprises to send employees to carry out professional and technical off-the-job training shall be stipulated separately in the labor contract or training agreement.
Section 2 Labor Contract Management
Article 10 Enterprises employ employees under the labor contract system. Both parties hold one copy of the labor contract and report one copy to the labor department for the record.
Article 1 1 The labor contract shall not take effect until it is signed by the laborer himself, the legal representative of the enterprise (or the person authorized by the legal representative in writing) and stamped with the official seal of the enterprise.
Article 12: The labor relationship shall be established as of the date of employment, and the labor contract shall be established and come into effect when both parties sign and seal it.
Article 13: The enterprise implements the probation system for newly hired employees, and sets the probation period according to the length of the labor contract: if the contract period is less than 6 months, the probation period is not set; If the contract term is more than 6 months but less than 1 year, the probation period is 1 month; If the contract term expires 1 year and is less than 3 years, the probation period is 2 months; If the contract term is more than 3 years, the probation period shall not exceed 6 months. The probation period is included in the labor contract.
Article 14 An enterprise and its employees may conclude an open-ended labor contract through consultation. Under any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, the enterprise and the employee shall conclude an open-ended labor contract, except that the employee proposes to conclude a fixed-term labor contract:
(1) The employee has worked continuously in this enterprise for ten years;
(2) The employee has entered into a fixed-term labor contract for two consecutive times, and the employee has not renewed the labor contract under the circumstances specified in Article 39 and Paragraph 1 and Paragraph 2 of Article 40 of the Labor Contract Law.
Article 15 An enterprise and its employees may terminate the labor contract through consultation. Where an enterprise proposes to terminate the labor contract, it shall pay economic compensation to the employees according to law. If the employee proposes to terminate the labor contract, no economic compensation will be paid to the employee.
Both parties may change the contents of the labor contract through consultation, including changing the contract term, post and labor remuneration.
Article 16 An enterprise may terminate the labor contract under any of the following circumstances:
(1) is proved not to meet the employment conditions during the probation period;
(2) Providing false certificates or certificates of labor relations related to employment;
(3) Seriously violating the work system formulated and publicized by the enterprise according to law;
(4) serious dereliction of duty, graft, causing great damage to the interests of the enterprise;
(5) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(6) being investigated for criminal responsibility or reeducation through labor according to law;
(seven) other circumstances stipulated by laws, regulations and rules.
If an enterprise terminates a labor contract in accordance with the provisions of this article, it shall not pay economic compensation to its employees.
Article 17 In any of the following circumstances, the enterprise may terminate the labor contract by giving a written notice to the employee 30 days in advance:
(1) The employee is sick or injured at work, and cannot engage in the original job or the appropriate job arranged by the enterprise after the medical treatment expires;
(2) The employee is not qualified for the job, and is still not qualified for the job after training or job adjustment;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform, and no agreement can be reached on changing the contents of the labor contract through consultation.
The enterprise shall terminate the labor contract in accordance with the provisions of this article and pay economic compensation to the employees according to law.
Article 18 In any of the following circumstances, the enterprise shall not terminate the labor contract according to the provisions of Article 17 of these Provisions; When the term of the labor contract expires, the labor contract shall continue until the corresponding circumstances disappear:
(1) The worker who is engaged in the operation exposed to occupational hazards has not received the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;
(1) Party B suffers from occupational diseases or work-related injuries and is confirmed to be totally or partially incapacitated;
(2) Being sick or injured non-work-related, and within the prescribed medical treatment period;
(3) Female employees are in pregnancy, childbirth and lactation that meet the requirements of family planning;
(4) Having worked continuously in this enterprise for fifteen years, and being less than five years away from the statutory retirement age;
(five) other circumstances stipulated by laws, regulations and rules.
Article 19 In case of any of the following circumstances, the employee may terminate the labor contract at any time by notice:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for employees according to law;
(4) The rules and regulations of the enterprise violate the provisions of laws and regulations and damage the rights and interests of workers;
(five) the labor contract is invalid due to the circumstances stipulated in the first paragraph of Article 26 of the Labor Contract Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If an enterprise forces employees to work by means of violence, threat or illegal restriction of personal freedom, or if the enterprise illegally directs or forces risky operations to endanger the personal safety of employees, employees can immediately terminate the labor contract without informing the enterprise in advance.
If an employee terminates the labor contract in accordance with the provisions of this article, the enterprise shall pay economic compensation to the employee according to law.
Article 20 An employee may terminate the labor contract by giving a written notice to the enterprise 30 days in advance. The employee may terminate the labor contract by notifying the enterprise 3 days in advance during the probation period.
For employees who know the business secrets of the enterprise, if the labor contract or confidentiality agreement has other provisions on the period of advance notice, such provisions shall prevail.
If the employee terminates the labor contract in accordance with the provisions of this article, the enterprise shall not pay the employee economic compensation.
Article 2 1 The labor contract shall be terminated under any of the following circumstances:
(1) The labor contract expires;
(2) employees begin to enjoy basic old-age insurance benefits according to law;
(3) The laborer dies, or is declared dead or missing by the people's court;
(4) The enterprise is declared bankrupt according to law;
(five) the business license of the enterprise is revoked, ordered to close or cancel, or the enterprise decides to dissolve ahead of schedule;
(6) Other circumstances stipulated by laws and administrative regulations.
Among them, the fixed-term labor contract is terminated unless the enterprise maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it; The enterprise is declared bankrupt according to law; The business license of the enterprise is revoked, ordered to close down or revoked, or the enterprise decides to dissolve in advance; Enterprises should pay economic compensation according to law.
Article 22 Where an enterprise dissolves or terminates a labor contract in violation of regulations, it shall pay compensation to the employees twice as much as the economic compensation standard stipulated in Article 47 of the Labor Contract Law.
Twenty-third employees who terminate the labor contract in violation of regulations and cause losses to the enterprise shall compensate the enterprise for the following losses:
1. Training fees and recruitment fees paid by Party A;
2. Direct economic losses caused to production, operation and work;
3. Other compensation expenses agreed in this contract.
Article 24 When an enterprise dissolves or terminates a labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of files and social insurance relations for employees within 15 days.
The staff and workers shall handle the work handover according to the agreement of both parties. Enterprises pay economic compensation to employees in accordance with relevant regulations, and pay it when completing the work handover.
Section 3 Working Hours and Rest and Vacation
Twenty-fifth enterprises implement the eight-hour working system, and employees in special positions implement the irregular or comprehensive working system.
Article 26 An enterprise may, according to the needs of production and operation, extend the daily working hours according to law after consultation with employees, but it shall be implemented in accordance with state regulations.
Twenty-seventh other rest and vacation in accordance with state regulations.
Section 4 Wages and Benefits
Article 28 The basic salary of employees shall not be lower than the minimum wage.
The basic salary is the salary that employees should enjoy when they complete the legal working hours.
Twenty-ninth enterprises implement hourly wages, including overtime wages, bonuses, allowances and subsidies. The hourly wage shall be subject to the labor contract or unit price agreement.
Thirtieth arrangements for employees to work overtime, the enterprise shall pay overtime wages in accordance with the relevant provisions of the state.
Article 3 1 Where an enterprise pays wages in cash or entrusts a bank to pay wages on its behalf, the enterprise shall provide the employees with the salary list of the enterprise (in duplicate) when paying wages, and the employees shall sign the salary list when receiving wages.
Article 32 An enterprise shall pay its employees' wages in full monthly in the form of currency; This month's salary should be paid before the following month 15; If the labor contract is dissolved or terminated according to law, the employee's salary shall be paid in one lump sum within 5 days after the dissolution or termination of the labor contract.
Thirty-third non-employee reasons caused the suspension of production, production, business, the time is within a wage payment cycle, the enterprise shall pay wages in accordance with the provisions of the state or the wage standards agreed in the labor contract; Stop, stop production, stop business for more than a wage payment period, and employees fail to provide normal labor, the enterprise shall pay wages according to the standard of not less than the minimum living expenses; If employees provide normal labor, the enterprise shall pay wages according to the minimum wage.
Article 34 Where economic losses are caused to the enterprise due to the employees, the enterprise may demand compensation from the employees or impose a fine on the employees according to the enterprise rules and regulations, and the fine may be deducted from the monthly salary of the employees.
Fines and compensation can be executed at the same time, but the monthly deduction shall not exceed 20% of the basic salary of employees, and the deducted balance salary shall not be lower than the minimum wage standard.
Article 35 Under any of the following circumstances, an enterprise may deduct or reduce the wages of its employees, which does not belong to wage deduction:
(1) Withholding and remitting social insurance premiums borne by employees;
(2) Deducting the expenses compensated to the enterprise according to law;
(3) Deduct the fine that the employee was punished by the enterprise for violating discipline;
(4) Wages or expenses that can be deducted according to laws, regulations and rules.
Article 36 An enterprise shall establish a normal wage adjustment mechanism, gradually improve and improve the welfare benefits of its employees, and improve their accommodation and working conditions.
Chapter III Employee Labor Discipline System
The first section labor discipline and employee code
Article 37 Employees must abide by the following attendance and resignation systems:
(1) Go to work on time, and don't be late or leave early;
(2) You must punch in or sign in by yourself, and you must not entrust others to punch in or sign in instead of others;
(3) Failing to punch in due to special reasons such as business trip, loss or typo, etc., it will take effect only after being signed by the department manager or supervisor;
(4) If you have something to do or get sick, you must ask for leave from the department manager or supervisor, and you must not be absent from work without reason;
(5) You must fill in relevant certificates in advance when taking leave (sick leave requires a doctor's certificate). If necessary, you should call, telegraph or entrust others to leave early, and go through the leave formalities as soon as possible after work;
(6) Those who are late or leave early for more than 30 minutes at a time shall go through the formalities of asking for leave, otherwise they shall be treated as absenteeism;
(7) Those who fail to perform the procedures of taking leave, extending leave or making up leave, and are incompetent, shall be treated as absenteeism;
(8) If an employee resigns for any reason, he shall submit a resignation notice to the department manager or supervisor one month in advance;
(9) The employee's resignation must be approved by the department manager or supervisor. After the resignation is approved, the handover formalities shall be handled with the resignation notice.
Article 38 Employees must abide by the following work rules and professional ethics:
(1) When entering or leaving the factory, you must wear the brand and work clothes as required;
(2) Love and respect their jobs, work hard, and obey the legal and reasonable normal transfer and work arrangement of the enterprise;
(3) Strictly abide by the enterprise's rules and regulations, safe production operation procedures and post responsibility system;
(4) During work, be loyal to your duties, do not be lazy, do not do private work, do not string posts, do not play around, etc. Do your job dutifully;
(5) Develop good and healthy hygiene habits at ordinary times, do not spit or throw cigarette butts everywhere, and keep the enterprise environment clean and tidy;
(6) Take good care of public property, use enterprise machines, equipment, tools and materials carefully, and do not steal, privately divide or intentionally damage enterprise property;
(7) Advocate open source and reduce expenditure, save water, electricity and gas, and strictly prohibit wasting public property and private property;
(8) Do a good job in interpersonal relationships within the enterprise, unite and be friendly, do not make trouble without reason, do not fight, and do not spread rumors;
(9) Care about the enterprise, maintain the corporate image, and dare to fight against behaviors that are detrimental to the corporate image and interests.
(10) Start work as soon as the office hours arrive, and don't stay after work unless there is any special business;
(1 1) Abide by the enterprise secrecy system and shall not disclose the business secrets of the enterprise.
Article 39 the worker must abide by the following safety rules and operating procedures:
(1) The production supervisor and foreman should do a good job in the maintenance, repair and pre-use inspection of machinery and equipment, and ensure that the machinery and equipment can be used safely before being put into use;
(2) When operating machinery and equipment, we must strictly abide by the technical operation procedures to ensure product quality, maintain equipment safety and ensure personal safety;
(3) If any abnormality is found during the use of the equipment, the operator shall promptly notify the workshop director and relevant technical personnel for handling, and shall not operate blindly without authorization;
(4) In case of an emergency that directly endangers personal safety, take emergency measures immediately and report the situation to the foreman, department head or department manager in time;
(5) The fire exits in the workplace and warehouse must be kept clear all the time, and nothing can be placed;
(6) Fire fighting equipment, sanitary equipment and other disaster prevention equipment shall not be moved or withdrawn at will, and their efficiency shall not be damaged;
(7) Maintenance of machines, electrical appliances and wires must be turned off or cut off, and relevant technicians or electricians shall be responsible for the operation;
(8) Non-mechanical equipment operators are not allowed to operate mechanical equipment at will;
(9) Dangerous goods must be placed in a safe place according to regulations, and shall not be placed at will;
(10) It is forbidden to bring inflammable, explosive, toxic and harmful dangerous goods into the enterprise;
(1 1) Organize machinery, appliances, materials, documents, etc. Ensure the safety of using fire, electricity and gas.
Section 2 Reward and Punishment
Article 40 In order to enhance employees' sense of responsibility, arouse their enthusiasm and creativity, and improve labor productivity and work efficiency, enterprises should implement a reward system for employees who have outstanding performance and remarkable achievements.
Awards are divided into three types: praise, promotion and bonus.
Article 465438 +0 shall circulate a notice of commendation to employees who are virtuous, hard-working, loyal to their duties, abide by rules and discipline, care about enterprises, obey arrangements, and become employees' role models.
Forty-second employees who have one of the following deeds shall be given promotion and bonus besides commendation:
(1) put forward specific plans for production technology or management system, which are effective after implementation, can improve the economic benefits of enterprises and make greater contributions to enterprises;
(two) saving materials, or effectively using waste materials, can improve the economic benefits of enterprises and make significant contributions to enterprises;
(3) When a disaster occurs, be brave in taking responsibility, be desperate, handle it properly, and strive to save the interests of the enterprise from heavy losses;
(4) Dare to fight against bad guys and things, report acts that harm the interests of enterprises, so that enterprises can avoid heavy losses;
(5) Others should be rewarded.
Article 43 In order to maintain normal production order and work order, and strictly abide by factory rules and regulations, enterprises shall implement a punishment system for employees who violate regulations and perform poorly.
There are four kinds of punishment: warning, demerit recording, fine and termination of labor contract.
Article 44 An employee shall be given the first verbal warning if any of the following circumstances is verified through investigation; After criticizing the ineffectiveness of education, give a second written warning every time 1 time, and impose a fine of 5-20 yuan:
(1) Entrust others to punch in or punch in for others;
(2) Often being late or leaving early without justifiable reasons (more than 10 minutes each time);
(3) AWOL or string posts
(4) slacking at work and doing private work;
(5) Non-mechanical equipment operators operate mechanical equipment at will;
(6) Take outsiders to stay in the production workshop;
(seven) carrying dangerous goods into the factory;
(eight) smoking in the no-smoking area;
(nine) carrying goods in and out of the factory in violation of enterprise regulations;
(10) There are other situations equivalent to the above situation.
Forty-fifth employees in any of the following circumstances, after investigation, give the first verbal warning; Criticize the ineffectiveness of education, record 1 point every time after the second record, and impose a fine of 20-50 yuan; If the employee is recorded more than three times in a month or more than six times in a year, the labor contract will be terminated;
(1) making troubles without reason and fighting, affecting the production order of enterprises and the living order of employees;
(2) taking advantage of work or position to accept bribes, which harms the interests of the enterprise;
(3) handing over the documents and account books inside the enterprise to people outside the enterprise for reading;
(4) There are other circumstances equivalent to those mentioned above.
Article 46 If an employee has any of the following circumstances, which are verified by verification and criticism and education are invalid, the labor contract shall be terminated:
(1) The continuous absenteeism time exceeds 15 days, or the cumulative absenteeism time exceeds 30 days in one year;
(two) providing false certificates or labor relations certificates related to employment to defraud the enterprise of employment;
(3) Damaging machines, equipment and tools in violation of operating rules and wasting raw materials, resulting in economic losses of the enterprise of more than 654.38+10,000 yuan;
(4) Theft, embezzlement, misappropriation or intentional damage to enterprise property, resulting in economic losses of more than 1000 yuan;
(5) Violating the enterprise secrecy system and revealing the business secrets of the enterprise, resulting in economic losses of the enterprise of more than 65,438+10,000 yuan;
(six) there are other circumstances commensurate with the above situation.
Forty-seventh employees who violate the rules and regulations and cause economic losses to the enterprise shall, in addition to being punished according to the regulations, compensate the corresponding economic losses.
Article 48 Disciplinary actions against employees shall be put forward in writing by the workshop director of the employee who violates discipline according to the relevant provisions of these rules and regulations, and submitted to the Personnel Department, which shall report to the General Manager's office for approval. After approval, the personnel department will deliver the disciplinary decision to the employees who violate the discipline, which must include five contents: disciplinary facts, disciplinary evidence, handling reasons, handling basis and handling results. The whole treatment process should not exceed 30 days.
Forty-ninth employees who are dissatisfied with the handling of the enterprise have the right to appeal. Appeal procedure: the first step is to defend the facts and reasons to the head of the department; The second step, if you are dissatisfied with the handling of the department head again, defend the facts and reasons to the personnel department; In the third step, if the personnel department refuses to accept the re-processing, it shall apply to the general manager's office to explain the facts and reasons, and the re-processing decision made by the general manager's office shall be the final decision of the enterprise.
Chapter IV Confidentiality System and Restrictions on Commercial Competition
Article 50 In order to safeguard the interests of the enterprise and protect the business secrets of the enterprise, this confidentiality system is formulated, and all employees of the enterprise must strictly abide by it.
Article 5 1 The term "business secrets" as mentioned in these Provisions refers to the technical information and business information that are not known to the public, can bring economic benefits to the enterprise, are practical and have been kept confidential by the enterprise, and the matters that the enterprise undertakes the obligation of keeping confidential according to the law or relevant agreements.
Article 52 Technical information that may become business secrets of an enterprise includes technical scheme, engineering design, manufacturing method, formula, technological process, technical indicators, computer software, experimental data, experimental results, drawings, samples, models, molds, technical documents, operation manuals, etc.
Article 53 Business information that may become business secrets of an enterprise includes customer lists, customer orders, marketing plans, purchasing materials, financial materials, purchase channels, production and marketing strategies, business objectives, business projects, management know-how, source information, internal documents, meeting minutes, economic contracts, cooperation agreements, etc.
Article 54 Strictly abide by the system of registration, borrowing and confidentiality of enterprise secret documents, materials and archives. Secret documents should be stored in filing cabinets with confidential facilities, and borrowing secret documents, materials and files must be approved by the general manager or office director; Don't talk about company secrets and hand over confidential documents in public places.
Article 55 Secret documents, materials and archives shall not be copied, extracted or circulated without permission. Photocopying due to work needs to be approved by the general manager or office director according to relevant regulations.
Article 56 When employees transfer or resign, they must hand over their confidential documents, materials, files or other articles to the general manager or office director of the enterprise according to regulations, and shall not hand them over to other personnel at will.
Article 57 An enterprise shall, according to the actual situation and needs, sign another confidentiality agreement with employees who know or may know the business secrets of the enterprise, including the content, scope, rights, obligations, time limit, confidentiality fees and liability for breach of contract.
Article 58 Without the consent of the enterprise, employees shall not engage in business similar to this enterprise by themselves or for others during their tenure.
Article 59 An enterprise shall, according to the actual situation and needs, sign a separate non-competition agreement with employees who know or may know the business secrets of the enterprise, stipulating that employees shall not work in other enterprises that produce similar and competitive products within a certain period after leaving the enterprise, and the enterprise shall pay a certain amount of compensation to employees on a monthly basis.
The specific scope, term of non-competition, compensation for non-competition and liability for breach of contract of an enterprise producing similar competitive products shall be stipulated in the non-competition agreement. The term of non-competition shall not exceed 2 years at the longest, and the compensation for non-competition shall be calculated on an annual basis at12 of the total remuneration received from the enterprise one year before the employee leaves the company, and the liquidated damages to the employee shall be 2 times of the compensation.
Chapter V Supplementary Provisions
Article 60 This system embodies the provisions of labor laws, regulations and rules. In case of any conflict between these provisions and existing labor laws, regulations and rules, the provisions of existing labor laws, regulations and rules shall prevail.
Article 6 1 If this system conflicts with the labor contract, the labor contract shall prevail.
Article 62 When matters not covered in this system or laws and regulations are updated, they shall be supplemented or updated in the form of notice.
Article 63 This system shall be discussed by the workers' congress (or all the workers), determined after consultation with the trade union, and announced to all the workers.
This enterprise will distribute this manual to every employee, and the employee will sign for it as proof that it has been publicized to the employees.
Article 64 This system shall be implemented as of June 20XX 1 day.
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