Introduction of informal employment labor organization

Meet the application conditions, generally by the Municipal Labor and Social Security Bureau issued the "certificate of informal employment labor organization", licensed to operate. Identification of labor organizations in informal employment. The nature of informal employment labor organization The informal employment labor organization referred to in this opinion (hereinafter referred to as "labor organization") refers to a social labor organization that provides social services for units to obtain basic income and social security through the development of small manufacturing industries such as community service industry, cottage industry and manual workshops, and organizes unemployed people, social security personnel and rural surplus labor force in this city to help themselves in production. Two. Business scope of labor organization The business scope of labor organization includes: repair and replacement, property maintenance, retail distribution, small-scale catering service, housekeeping service, sewing and washing, cultural and sports service, rental service, agency service, public service, home industry, computer application service, car cleaning and decoration, planting and breeding, renewable resource recovery service, hotel service, exhibition service and information consulting service. (Specific business service items are attached) III. The operating principles and methods of labor organizations are based on the principles of self-financing, independent operation, independent accounting, self-financing and independent distribution. Labor organizations carry out business activities by means of individual independent investment, partnership investment and franchise chain operation. Four. Name of labor organization The name of a labor organization shall consist of the following parts: the name of the self-employed firm, the key words of the business project and the "service organization" representing the nature of the organization (the domain name of the administrative region of the city or district or county shall not be directly used). Chinese full name shall not exceed 15 Chinese characters (including punctuation marks). V. Conditions for the bid of the labor organization (1) The applicant (the person in charge of the preparation) shall be a practitioner registered in this Municipality and able to bear civil liability independently.

(two) the main employees are unemployed people in this city, social security personnel and rural surplus labor force. The proportion of other employees shall not exceed 30%. Labor organizations that use migrant workers refer to the Interim Measures for Comprehensive Insurance for Migrant Workers in Shanghai issued by the municipal government (2002) 123 and the Opinions on Further Strengthening the Employment Management of Migrant Workers in Shanghai issued by the Shanghai Labor Protection Bureau (20065438+0)1.

(3) Start-up funds shall be consistent with actual funds and shall be settled by the person in charge of labor organization preparation or the preparation partner. The total invested assets are generally below 500,000 yuan (including current assets, fixed assets and other assets, etc.). Enterprises, institutions and social organizations can support labor organizations with funds, equipment, venues and other resources, but they may not participate in the distribution of labor organizations as investment.

(4) Having a business place suitable for the business scale and meeting the requirements of industry norms.

(5) The business project applied for shall conform to the scope stipulated in Article 2 of this opinion. Procedures for the identification of intransitive verbs labor organizations (1) The applicant submits a written application to the employment service agency of the street (township) or the district/county opening guidance center, and submits the following written materials:

1, the applicant's ID card or household registration certificate;

2. Apply for ILO recognition;

3. Articles of association of labor organization;

4. Original and photocopy of the property right or lease certificate of the business premises. If it is a non-operating house, it must also provide a certificate issued by the neighborhood Committee where the business is located that the residents agree to start business.

5 business activities involving food hygiene, safety and other special industries, provide the original and photocopy of the business license certificate or filing certificate issued by the relevant administrative departments; The original and photocopy of the relevant professional qualifications that the employees should possess. (See Annex for specific requirements)

(two) street (township) employment service agencies shall complete the preliminary examination after receiving the necessary documents for application, and report to the district and county business guidance service center. After receiving the submitted application materials, the district/county business guidance service center shall conduct an audit according to the regulations, and go through the procedures for determining the application conditions with the Municipal Labor and Social Security Bureau. Do not meet the bidding conditions, returned to the street (township) employment service agencies, and explain the reasons for the return.

(three) the Municipal Labor and Social Security Bureau shall handle the examination and approval twice a month. Those who meet the accreditation conditions shall be issued with the Certificate of Informal Employment Labor Organization and its copy. The certificate is valid for one year. Do not meet the conditions for recognition, the accreditation body shall put forward written opinions and transfer them to the local employment service agencies to inform the applicant. Seven. Labor organization management service organization (1) The municipal labor and social security department is the recognized labor organization management organization in this Municipality. The main responsibilities are: to formulate measures for the identification and management of labor organizations in this Municipality; Responsible for the identification, alteration, annual inspection and information management of labor organizations; Coordinate relevant departments to formulate and implement relevant support policies. Strengthen the guidance and management of labor organization management institutions and service institutions, and promote the development of labor organizations in the city by organizing business consulting, business information, project development, business training, business loan guarantee and other related service activities.

(two) the county labor and social security departments are the management and guidance institutions of local labor organizations. Responsible for participating in the formulation of local labor organization management measures; To go through the audit procedures for the bid, change and annual inspection of local labor organizations; Coordinate relevant departments to implement various support policies; Strengthen business guidance to street (township) employment service agencies and social service agencies, and promote the development of local labor organizations by organizing local business consulting, business information, project development, entrepreneurship training, entrepreneurship loan guarantee and other related service activities.

(3) Street (township) employment service agencies are the daily management agencies of labor organizations. Responsible for the daily management of local labor organizations and employees; Handling the acceptance and preliminary examination procedures for the bid, change and annual inspection of local labor organizations; Coordinate relevant departments in the region to implement support policies for the ILO.

Street (township) employment service agencies support the establishment of community open service organizations and entrust them to carry out follow-up services to labor organizations. Its service functions are: responsible for information collection and exchange of labor organizations; Carry out agency services such as issuing invoices, applying for tax exemption, collecting and remitting social insurance and comprehensive insurance; Carry out skills training, loan guarantee for business opening, expert consultation for business opening guidance and other recommendation services; Guide labor organizations to improve management; Assist street (township) employment service agencies to deal with illegal acts of labor organizations. Eight. Rights and obligations of labor organizations Labor organizations holding certificates of informal employment labor organizations have the right to obtain various public services provided by regional employment service agencies, and can enjoy relevant preferential support policies within 3 years according to regulations. Labor organizations that are transformed into enterprises, private non-enterprises and individual industrial and commercial households in advance within the 3-year preferential period can continue to enjoy preferential support policies until the 3-year preferential period expires.

Labor organizations shall carry out business activities in accordance with the relevant provisions of the state; Consciously accept the management of local employment service agencies; To undertake the obligation to absorb the unemployed, social security personnel and rural surplus labor force in this city according to the prescribed proportion; Report the operation of labor organization and employee changes on time. Nine. Management of employees in labor organizations (1) When employees enter labor organizations, they should fill in the Registration Form for Employees in Informal Employment Labor Organizations as required and submit it to the local employment service agencies for entry into the labor resources database. Employees' "Labor Manual" or "Registration Card for Rural Surplus Labor" shall be kept by local employment service agencies, and their work experience shall be recorded in the manual or registration card.

(two) when employees quit the labor organization, the local employment service agency shall be responsible for timely returning the "Labor Manual" or "Rural Surplus Labor Job Registration Card" to me. X. Insurance matters for employees of labor organizations Employees shall enjoy supporting policies for payment of basic social insurance such as endowment insurance, medical insurance and unemployment insurance according to regulations, and social insurance premiums shall be paid by themselves.

Employees who participate in comprehensive insurance for informal employees can enjoy relevant subsidies according to regulations. XI。 Change of labor organization When the person in charge of the labor organization changes, the name of the organization, the amount of investment, business projects, business premises and other matters change, it shall timely apply to the employment service agency where the labor organization is located. And submit the original and photocopy of the certificate of informal employment labor organization and relevant certification documents related to the change. Twelve, the annual inspection of labor organizations to implement the annual inspection system of labor organizations. The focus of the annual inspection is the business scope, total assets and employees of the labor organization.

The person in charge of the labor organization shall, within 30 days before the expiration of the term of validity of the Certificate of Informal Employment Labor Organization, submit the application materials for annual inspection to the employment service agency of the street (township) in the business place, and report to the municipal labor and social security department for approval after the preliminary examination by the district and county labor departments.

For those who pass the annual inspection, the municipal labor and social security department shall affix the annual inspection seal on the labor organization certificate, and approve the extension of the validity period of the organization for one year, and the cumulative validity period shall generally not exceed three years. Those who fail the annual inspection will be disqualified from the labor organization and published on the "Shanghai Labor Security Service Network".

After the expiration of the three-year validity period, the qualification of labor organization shall be cancelled in principle. Labor organizations can be transformed into economic organizations according to relevant regulations. If a labor organization does not meet the requirements for transforming into an economic organization, it may reapply according to the provisions of Articles 5 and 6 after reassessing its total assets (generally not exceeding 500,000 yuan). Thirteen. Labor organization license management The original and duplicate of the certificate of informal employment labor organization shall not be forged or altered. If the original or copy is lost or destroyed, it shall be declared invalid in newspapers and periodicals in time, and the replacement procedures shall be handled. 14. Cancellation of labor organization When a labor organization terminates its operation, disbands itself, its total assets exceed the prescribed amount, or is transformed into an economic organization, it shall go through the formalities of cancellation of registration with the employment service agency where it operates. The employment service agency shall report the cancellation of the labor organization to the municipal appraisal management agency in a timely manner. 15. revocation of the certificate of informal employment labor organization. if the labor organization refuses to change after being advised, the municipal administrative organ has the right to revoke the certificate of informal employment labor organization and publish it on the Shanghai labor security service network:

(1) Serving beyond the business scope without authorization;

(2) Lease, lend or transfer the certificate issued by the informal employment labor organization;

(3) Failing to recruit employees according to the prescribed proportion;

(four) failing to report the business situation according to the provisions;

(5) engaging in illegal business activities in violation of national laws and regulations. Sixteen, the information management of labor organizations, employment service agencies responsible for the information management of labor organizations in the city.

District, county, street and town employment service agencies are responsible for the information maintenance of labor organizations and employees under their jurisdiction. Seventeen. Supplementary Provisions (1) The labor and social security bureaus of all districts and counties may formulate relevant implementation rules according to this opinion. Where there are other provisions on the business scope of labor organizations, they should be published in this district and county in time and reported to the Municipal Labor and Social Security Bureau for the record. The Municipal Labor and Social Security Bureau announced it to the public through "Shanghai Labor and Social Security Service Network".

(two) the measures shall be implemented as of the date of promulgation. The relevant contents of "Several Implementation Opinions on Encouraging Laid-off Workers to Engage in Informal Employment" No.5 issued by Shanghai Re-employment Office (1996) and "Administrative Measures for Identification of Informal Employment Labor Organizations" issued by Shanghai Re-employment Office (1997)1are invalid at the same time.