Interim Measures of Shenyang Municipality on the Administration of Hiring (Contract) Technicians in Enterprises Owned by the Whole People

Chapter I General Provisions Article 1 In order to deepen the reform of enterprise personnel system and improve the enterprise personnel management system, these measures are formulated in accordance with the relevant provisions of the state and the actual situation of our city. Article 2 These Measures shall apply to enterprises owned by the whole people in cities, counties and districts. Article 3 An enterprise has the right to select and employ management personnel and technical personnel within the enterprise; With the approval of the relevant departments, management and technical personnel can also be recruited for the society. Article 4 An enterprise shall employ management personnel and technical personnel from the fixed employees owned by the whole people, and implement the employment system; Hire management and technical personnel from the unemployed and state contract workers, and implement the employment contract system. Article 5 An enterprise must employ management personnel and technical personnel within the labor plan approved by the state and the proportion of management personnel and technical personnel determined, and implement the principles of openness, equality, competition and merit selection. Chapter II Employment Conditions and Procedures Article 6 The managers and technicians employed by an enterprise shall meet the following conditions:

(a) support the party's line, principles and policies, adhere to the four cardinal principles;

(2) having high ideological and moral character, abiding by discipline and law, and having a decent style;

(3) Having a high school education or above and professional management or technical knowledge suitable for the post;

(four) good health, the first employment age should generally be under thirty-five. Article 7 The following procedures shall be followed when hiring management and technical personnel within an enterprise:

(a) announced the employment quota, post, conditions and methods;

(2) Conducting cultural and professional examinations and interviews;

(3) Conducting political and professional assessment;

(four) collective discussion, determine the candidates;

(five) fill in the employment registration form and sign the employment contract or employment contract;

(6) Issuing letters of appointment.

Due to special circumstances, it is urgent to hire individual personnel, and if they cannot be handled according to the above procedures, they should also strictly grasp the conditions, carefully assess, collectively discuss and decide, and go through the employment procedures. Eighth enterprises to recruit management and technical personnel for the society, must be approved by the Municipal Personnel Bureau, in accordance with the relevant provisions of this Municipality. Article 9 The probation period for enterprise managers and technicians is six months or one year. Tenth enterprises in the employment (contract) management personnel and technical personnel to hire cadres at or above the middle level, according to the relevant provisions. Chapter III Employment Contracts and Employment Contracts Article 11 The main contents of employment contracts and employment contracts include:

(a) the rights and obligations of both parties;

(two) the positions and responsibilities of the employed personnel;

(3) probation period and employment period;

(4) Work discipline and requirements;

(5) Labor remuneration and insurance benefits;

(six) the liability for breach of contract that both parties should bear;

(seven) other matters that both parties think need to be agreed. Article 12 The employing party and the employed party shall not change the employment contract without authorization, nor shall they change the employment contract because of the change of the legal representative of the employing unit. If it is really necessary to change, it must be agreed by both parties through consultation. Thirteenth employment contract or employment contract expires, that is, automatically terminated. It can be renewed with the consent of both parties. The employing unit is declared bankrupt or closed, and the employment contract or employment contract is automatically terminated. Chapter IV Dismissal and Resignation Article 14 The employing unit may dismiss under any of the following circumstances:

(1) The employee fails to meet the employment contract or the conditions stipulated in the employment contract after the probation period or after the expiration of the probation period;

(2) The employed personnel are not competent for the jobs they have hired during the employment period;

(3) The employee suffers from illness or non-work-related injury and cannot engage in the original job after the prescribed medical treatment period expires;

(four) the employee fails to perform the employment contract or the obligations stipulated in the employment contract;

(five) due to major changes in the employer system, it is really necessary to streamline the organization and reduce the staffing. Fifteenth in any of the following circumstances, the employer shall not be dismissed;

(a) the employment period is not full, and does not meet the provisions of article fourteenth of these measures;

(2) The employee is sick or injured during medical treatment;

(three) meet other conditions stipulated by the state and should not be dismissed. Article 16 If the employing unit fails to perform the obligations stipulated in the employment contract and infringes upon the legitimate rights and interests of the employed personnel, the employed personnel may resign. Article 17 An employee shall not resign before the employment period expires, does not meet the provisions of Article 16 of these Measures, and has no other special reasons. Article 18 If an employee is dismissed, reeducated through labor or sentenced, the employment contract or employment contract shall be dissolved by itself. Nineteenth either party to terminate the employment contract or employment contract, in addition to the provisions of Article 14 (1) and Article 18 of these measures, it shall notify the other party three months in advance. Chapter V Treatment after on-the-job, dismissal and resignation Article 20 Employees shall enjoy the treatment of cadres of the same position in their own units during their employment. The former employees owned by the whole people enjoy the labor insurance benefits of all employees of the enterprise, the former contract employees and the unemployed enjoy the insurance benefits of all contract employees, and go through the formalities of pension and unemployment insurance in accordance with the relevant provisions. Twenty-first employees who have reached retirement age during the employment period shall go through retirement procedures according to cadres and be managed according to retired cadres. In addition to the contract personnel in accordance with the relevant provisions of the old-age insurance benefits, other personnel enjoy the treatment of retired cadres of the unit. Article 22 After the labor contract or employment contract is terminated, dismissed or resigned, the employee will be restored to his pre-employment status. Those who used to be state or contract workers are still assigned to work according to their original identities, and those who used to be unemployed in society are assigned to work according to the contract workers who stay in the enterprise; According to the provisions of Article 14 of these Measures, if I don't want to stay in the enterprise or be dismissed, I can go to the talent exchange center or the labor market for unemployment registration.