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Huainan City Temporary Employment Management Measures
Article 1: In order to strengthen the management of temporary employment and protect the legitimate rights and interests of both parties involved in temporary employment, in accordance with the "Labor Law of the People's Republic of China", "Interim Regulations on the Management of Temporary Labor in Enterprises Owned by the Whole People" and " "Detailed Implementation Rules for the Management of Temporary Workers in Enterprises Owned by the Whole People of Anhui Province", this measure is formulated based on the actual situation of our city. Article 2 All state agencies, military units, social groups, enterprises, institutions, and individual economic organizations (hereinafter collectively referred to as employment units) within the administrative area of ??this city recruit seasonal workers, temporary workers, labor workers, and migrant workers (hereinafter collectively referred to as temporary workers) ), shall abide by these Measures. Article 3 The Municipal Labor Bureau is the administrative department in charge of temporary employment management within the administrative region of this Municipality. The Municipal Employment Service Center is entrusted by the municipal labor administrative department to be specifically responsible for the management of temporary employment.
Departments of construction, transportation, public security, and industrial and commercial administration shall assist the municipal labor administration department in the management of temporary employment in accordance with their respective responsibilities and authorities. Article 4 When recruiting temporary workers, employing units must adhere to the principle of first recruiting urban workers and then rural workers, and first working in the city and then outside the city. Article 5 The employing unit shall recruit temporary workers according to the following procedures:
(1) Apply for registration at the Municipal Employment Service Center with the unit’s certificate or business license and recruitment brochure;
(2) Enter the labor market, face the society, open recruitment, comprehensive assessment, and select the best;
(3) Go to the Municipal Employment Service Center to go through the recruitment procedures, and handle the recruitment procedures for rural and non-local temporary workers "Huainan City Work Permit". Article 6 For established rural and non-local construction teams, based on the documents approved by the construction management department for contracting projects, the Municipal Employment Service Center is responsible for issuing the "Huainan City Work Permit" and handling employment procedures.
To form an organized labor team and contract labor projects, it must sign a labor contract with the employer. The Municipal Employment Service Center will handle the employment procedures and issue a "Huainan City Work Permit". Article 7 Temporary workers must meet the following conditions:
(1) Be at least 16 years old and have the ability to work; those who are engaged in heavy physical labor or exposed to toxic and harmful substances must be at least 18 years old.
(2) Those with urban household registration in this city must hold an "Unemployment Certificate"; those in rural areas of this city must hold a certificate from the government at or above the township level; laborers from outside the city who come to work in this city must hold a certificate issued by the local labor department "Employment Registration Card".
(3) Married women of childbearing age should hold a family planning certificate issued by the township or town people's government or sub-district office where their household registration is located.
(4) Personnel engaged in special types of work such as crane workers, electricians, welders, stokers, rack workers, pressure vessel operators, and motor vehicle drivers in the factory must hold a certificate issued by the local labor administration department. Special type of work operation certificate. Article 8 If an employer or private labor agency publishes a job recruitment or recruitment notice, or publishes a recruitment notice through newspapers, radio stations, or television stations, it must be signed and registered by the Municipal Employment Service Center. Article 9 The "Huainan City Work Permit" is valid for 12 months. If you need to continue to use it after the expiration, you must report it to the Municipal Employment Service Center for review before you can continue to use it. Article 10 The employer and temporary workers shall use the contract text uniformly formatted by the labor administrative department and sign a labor contract in accordance with the law. Article 11 If a temporary worker has any of the following circumstances, the employer may terminate the labor contract:
(1) Failure to complete the production or work tasks stipulated in the labor contract without justifiable reasons;
(2) Those who are sick or injured not due to work, or unable to engage in their original job after the medical treatment period has expired;
(3) Those who are serving sentences or reeducation through labor. Article 12 Temporary workers may terminate the labor contract under any of the following circumstances:
(1) The enterprise fails to perform the labor contract and damages the legitimate rights and interests of temporary workers;
(2) Temporary workers join the army and enter higher education. Article 13 If the employing unit changes production or adjusts production tasks, it may change or terminate the labor contract with the consent of both parties. If the labor contract is terminated, the employing unit shall issue temporary workers with 1-3 months of personal compensation based on the length of the contract period. Living allowance at standard salary. Article 14 If either the employer or the temporary worker proposes to terminate the labor contract, the employer shall notify the other party 30 days in advance.
Article 15 The employer must abide by the following regulations:
(1) Provide a working environment that meets the regulations and necessary safety protection measures;
(2) 1 from the date of employment Handle pension insurance procedures for temporary workers within three months and pay pension insurance premiums; temporary workers with urban household registration must also handle unemployment insurance procedures;
(3) Provide pre-job training and factory regulations for temporary workers Factory discipline and safety education;
(4) Pay management fees to the Municipal Employment Service Center in accordance with relevant national and provincial regulations;
(5) Responsible for family planning of temporary workers work and accept the supervision and inspection of the local people's government. Article 16 The monthly wages of temporary workers shall be determined by the employing unit and the temporary workers with reference to the wages of workers under the labor contract system for the same type of work under the same conditions. Article 17 If a temporary worker dies or is injured during work, his relevant treatment shall be the same as that of workers under a labor contract. Article 18 If a temporary worker becomes ill or suffers a non-work-related injury, the period of suspension for medical treatment shall be determined according to the length of the labor contract. If the labor contract has been fulfilled for more than 1 year, the medical treatment period is 3 months; if it is 6 months but less than 1 year, the medical treatment period is 2 months; if the labor contract is less than 6 months, the medical treatment period is 1 month. During the off-duty medical treatment period, the employer shall pay 60% of the temporary worker's average monthly salary as living expenses. If the temporary worker recovers or the off-duty medical treatment period expires and is unable to engage in the original job, the employing unit may pay 1-3 payments at a time depending on the length of use. Monthly medical subsidy fee of my average salary. If a temporary worker dies due to illness or non-work-related reasons during the contract period, the unit shall pay funeral subsidies in accordance with regulations, and provide a one-time living subsidy to the immediate family members equivalent to the temporary worker's average salary of 3-6 months.
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