Regulations of Chongqing Municipality on Openness of Factory Affairs

article 1 these regulations are formulated in accordance with relevant laws and regulations and the actual situation of this municipality in order to strengthen the construction of democratic politics at the grass-roots level and ensure the employees to exercise their democratic rights according to law. Article 2 These Regulations shall apply to enterprises, institutions and private non-enterprise units within the administrative area of this Municipality. Article 3 The term "factory affairs" as mentioned in these Regulations refers to the terms of enterprise affairs, school affairs, hospital affairs and affairs of enterprises, institutions and private non-enterprise units.

the disclosure of factory affairs as mentioned in these regulations refers to the democratic management system in which enterprises, institutions and private non-enterprise units disclose to their employees the major decisions of their own units, the major issues of production, operation, construction and management, matters involving the vital interests of employees and the building of a clean government, and accept the supervision of employees. Article 4 The publicity of factory affairs shall follow the provisions of laws and regulations, and adhere to the principle of being conducive to the development of the unit and safeguarding the legitimate rights and interests of employees.

the state secrets and business secrets of the unit shall be kept when the factory affairs are made public. Article 5 Enterprises, institutions and private non-enterprise units shall establish and implement the system of making factory affairs public in accordance with the provisions of these Regulations.

the legal representative or principal responsible person of enterprises, institutions and private non-enterprise units is the person responsible for the publicity of factory affairs.

enterprises, institutions and private non-enterprise units shall designate specialized agencies or personnel to be responsible for the daily work of factory affairs disclosure.

Trade unions in enterprises, institutions and private non-enterprise units are responsible for organizing employees to exercise democratic supervision over the publicity of factory affairs. Sixth cities and counties (autonomous counties, cities) shall determine the corresponding institutions, responsible for the publicity of factory affairs within their respective administrative areas.

the competent departments or trade organizations of enterprises, institutions and private non-enterprise units are responsible for guiding and coordinating the publicity of factory affairs in their own industries and systems.

administrative departments such as administrative supervision, state-owned assets management, labor and social security, production safety supervision, personnel, auditing, health and environmental protection shall, according to their respective duties, supervise the implementation of these regulations by enterprises, institutions and private non-enterprise units.

the municipal, county (autonomous county, city) Federation of trade unions and industrial trade unions respectively assist the people's government at the corresponding level and its relevant departments in guiding, coordinating and supervising the publicity of factory affairs in their respective regions and industries. Article 7 state-owned and collective enterprises and their holding enterprises and institutions shall disclose the following matters:

(1) plans for restructuring, bankruptcy, asset reorganization, major technological transformation, environmental protection, and layoffs, diversion and resettlement of employees;

(2) the annual production and business objectives and their completion, financial budget and final accounts, assets, guarantees, project construction, bulk material procurement, and the implementation of contract and lease;

(3) the implementation of important rules and regulations and the internal economic responsibility system of the unit;

(4) the implementation of labor (personnel) laws and regulations, and the signing, renewal, alteration and performance of collective contracts and labor (employment) contracts;

(5) the distribution plan of wages, benefits and bonuses for employees, and the payment of social insurance premiums for pension, medical care, work injury, unemployment and maternity for employees in the unit;

(6) plans for the use of the unit's provident fund and public welfare fund, employee training plans, production safety, labor protection, environmental protection and family planning;

(7) democratic appraisal of the management personnel above the intermediate level, the selection and appointment of personnel in important positions, the recruitment, promotion and dismissal of employees, the evaluation and appointment of professional and technical titles, and the implementation of the reward and punishment system;

(8) the distribution plan of the income of the senior managers of the unit, the annual business entertainment expenses of the unit and the situation of going abroad at public expense;

(9) the management and use of fees collected according to law and other important matters that should be disclosed by institutions;

(1) the performance of other legal obligations involving the vital interests of employees.

if the matters specified in the preceding paragraph should not be made public beforehand, they should be made public in due course afterwards. Article 8 state-owned and collective enterprises, enterprises other than their holding enterprises and institutions, and private non-enterprise units shall disclose the following matters:

(1) rules and regulations formulated by the units;

(2) the circumstances and reasons for punishing and handling employees;

(3) the payment of pension, medical care, work-related injury, unemployment, maternity and other social insurance premiums that should be paid according to laws and regulations;

(4) safety in production, labor protection and environmental protection;

(5) the signing, renewal, alteration and performance of collective contracts and collective wage agreements;

(6) the performance of other legal obligations involving the vital interests of employees. Article 9 The basic form of factory affairs publicity is the workers' (representatives') meeting.

enterprises, institutions and private non-enterprise units should set up a fixed factory affairs publicity column to publicize the matters that should be disclosed for no less than fifteen days.

General matters involving the publicity of factory affairs can be carried out in the form of briefing, internal information network, radio and television, internal newspapers, wall newspapers and so on. Article 1 The following provisions shall be observed for matters that need to be disclosed at the workers' (representatives') meeting:

(1) Announce the agenda of the meeting and related matters five days before the meeting;

(2) Organize employees to make democratic comments on the authenticity and legality of matters disclosed by the employees (representatives) meeting;

(3) according to the staff's comments, formulate rectification plans and take rectification measures, and give answers or explanations to the important questions raised by the staff. Article 11 The trade unions of enterprises, institutions and private non-enterprise units shall organize employees in various forms to regularly supervise the implementation of the system of making factory affairs public in their own units, and timely feed back the opinions and suggestions of employees to the person in charge of making factory affairs public in their units.

The persons responsible for the publicity of factory affairs in enterprises, institutions and private non-enterprise units shall give a reply or explanation to the opinions and suggestions fed back by the trade union within 3 days, and take measures to rectify the matters that need rectification in time.