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Xi' an public welfare post raises wages?
Chapter I General Principles
Article 1 In order to further strengthen the management of public welfare post development and promote the employment of people with employment difficulties, these Measures are formulated in accordance with the Employment Promotion Law, Shaanxi Employment Promotion Regulations and other laws, regulations and policies.
Article 2 The term "public welfare posts" as mentioned in these Measures refers to non-profit public welfare management and social welfare service posts established by the government with the main purpose of realizing public interests and resettling people with employment difficulties.
Article 3 The administrative departments of human resources and social security and the financial departments at all levels shall be responsible for the development and management of public welfare posts, the implementation of relevant laws, regulations and policies, and the collection and use of special funds according to the division of responsibilities. Public employment service management institutions at all levels are responsible for the daily management of public welfare posts.
Chapter II Post Development and Declaration
Article 4 Public welfare posts mainly include public management posts, urban community public welfare posts, labor security and public service posts in government agencies and institutions, and other posts.
(a) social public * * * management positions, including labor and social security assistants, community security joint defense coordinators and other positions.
(II) Public welfare posts in urban communities, specifically including non-profit public health services, medical services, nursing homes and other institutions run by districts (counties), streets (townships) and communities, and cleaning, greening, security and social services of streets (townships) and communities.
(3) Logistics support and public service posts in government agencies and institutions mainly refer to posts where the logistics of government agencies need to employ supernumerary personnel, such as receiving and dispatching, driving, guarding, typing and property management.
(four) other positions proposed by the municipal government or its human resources and social security departments according to local conditions and approved by the provincial department of human resources and social security.
Article 5 The development of public welfare posts shall follow the principle of "overall development, graded management, graded responsibility and employment promotion".
Article 6 People's governments at all levels shall develop public welfare posts through government investment, policy support or social fund-raising, and give priority to the employment and re-employment of people with employment difficulties who meet the post requirements.
Organs, institutions, social organizations and public service management institutions should actively develop public welfare posts for the employment and re-employment of people with employment difficulties.
Seventh public welfare post development to implement the reporting system. Employers who do have employment needs apply to the local human resources and social security department for the establishment of public welfare posts.
Article 8 The human resources and social security departments at all levels shall standardize the system of public welfare posts, simplify the procedures, announce them to the public, and examine and identify the public welfare posts declared by employers.
Article 9 Municipalities (districts) shall, in accordance with the principle of "setting posts according to events, appointing people according to posts, employing people according to needs, and taking full posts", and according to the actual situation of the number of local people with employment difficulties, the level of economic and social development, and the affordability of special employment funds, formulate the work plan for public welfare posts for the next year, and report it to the Provincial Department of Human Resources and Social Security for examination and implementation before the end of 65438+February each year.
Tenth human resources and social security departments at all levels shall establish a database of public welfare posts.
Chapter III Recruitment and Management of Personnel
Eleventh public welfare posts give priority to those who have the ability to work and employment aspirations within the legal working age and hold the "Shaanxi Employment and Unemployment Registration Certificate". Mainly includes:
(1) Family members of urban residents whose family members are unemployed within the legal working age;
(2) Registered unemployed persons within ten years from the statutory retirement age;
(3) Registered unemployed persons who have been unemployed for more than one year;
(four) college graduates who have not achieved their first employment for more than half a year after graduation;
(five) landless peasants who lost their land;
(6) Unemployed disabled persons;
(7) unemployed urban veterans and families of martyrs;
(8) Unemployed persons from single-parent families who need to support minors;
(nine) other people with employment difficulties identified by the provincial people's government.
Article 12 The human resources and social security departments of cities (districts) shall, in light of local conditions, further clarify the standards for identifying people with employment difficulties, improve the identification system, standardize the identification procedures, establish a publicity system, ledgers and databases for people with employment difficulties, implement dynamic management, fully grasp the situation of people with employment difficulties, and ensure the authenticity and accuracy of the data.
Thirteenth new use of public welfare posts units should put forward employment conditions, after the audit of human resources and social security departments, to the public.
Fourteenth levels of human resources and social security departments unified leadership, public employment service management agencies to organize the implementation of public welfare job recruitment. Recruitment should adhere to the principle of "open recruitment for the society".
Fifteenth public welfare posts should give priority to the elderly, the weak skills, zero-employment family members and other people with employment difficulties.
Sixteenth public employment service management institutions shall formulate a careful recruitment work plan, carefully organize, and do a good job in organizing registration, qualification examination, examination and assessment, publicity of proposed employment, merit-based employment and so on. On the basis of open recruitment, the candidate to be hired will be initially determined, and the candidate will be publicized in the community or the original unit for 7 days in time. After no objection, the employee can be formally determined. To raise objections, the competent authorities should carefully check and deal with them in strict accordance with the policies and regulations, and inform the personnel who put forward their opinions.
Article 17 The employing unit shall, within one month from the date of employing employees in public welfare posts, sign a written labor contract with them and report it to the local public employment service management institution for the record.
Eighteenth from the statutory retirement age of less than 5 years, the working life of public welfare workers can be extended to retirement, and the working life of other workers is generally not more than 3 years. The labor contract is signed once a year. After the expiration of the contract and passing the examination, it can be renewed within the prescribed time limit. After the employee's work expires, the labor contract shall be terminated.
Article 19 The provisions of the Labor Contract Law on open-ended labor contracts and payment of economic compensation do not apply to labor contracts for public welfare posts.
Article 20 Employees in public welfare posts must assume post responsibilities, complete work tasks by themselves, and may not send others to replace them.
Article 21 The employing unit shall be responsible for the daily management of employees in public welfare posts, implement the attendance system, determine the post responsibilities of employees in public welfare posts, formulate corresponding management systems and assessment and reward and punishment methods, and truthfully report the work of employees in public welfare posts to the public employment service management institution on a monthly basis.
Twenty-second employees in public welfare posts are encouraged to achieve employment and re-employment through other means.
Twenty-third employers and employees can terminate the labor contract through consultation.
Twenty-fourth employees in public welfare posts may terminate the labor contract by notifying the employer in writing 30 days in advance.
Twenty-fifth employees in public welfare posts should implement dynamic management. Employees in any of the following circumstances, the employer may terminate the labor contract, and inform the employment service management institutions at the same level in advance to stop issuing various subsidies:
(a) Achieving employment by other means;
(two) reached the statutory retirement age or died;
(three) can not adhere to the normal work;
(four) continuous absenteeism 15 days or 30 days in a year;
(five) a serious violation of the management system of the employer;
(6) Being investigated for criminal responsibility according to law;
(seven) other legal circumstances that are not suitable for continuing to work.
Twenty-sixth public welfare post employees to implement the annual assessment, the annual assessment is not qualified, the employer shall terminate the labor contract.
Twenty-seventh public employment service management institutions at all levels shall, according to the vacancy situation and the opinions of the employer, arrange public welfare posts among other qualified personnel in a timely manner.
Chapter IV Treatment of Personnel
Twenty-eighth employees in public welfare posts can enjoy wages, post subsidies, social insurance subsidies and other benefits during their employment.
Article 29. The employing unit shall pay the employees the wages not lower than the local minimum wage and the remuneration beyond the statutory working hours in full monthly, and shall not be in arrears for any reason. If the actual wage income of employees is lower than the local average wage of employees in the previous year, post subsidies shall be given from the special funds for employment, and the subsidy standards shall be specifically determined by the municipalities (districts) according to the difference between the local average wage of employees in the previous year and the actual post wages.
Thirtieth employers should handle basic old-age insurance, basic medical insurance, unemployment insurance, work injury insurance and maternity insurance for employees in public welfare posts according to regulations. The social insurance premiums of employees shall be borne by the employing units and individuals respectively according to the proportion of payment, and the social insurance payment standards shall be implemented in accordance with the relevant local regulations.
Article 31 An employer may apply for social insurance subsidies in accordance with regulations. The amount of social insurance subsidies is the full amount of three social insurance premiums paid by units and individuals: basic old-age insurance, basic medical insurance and unemployment insurance.
Article 32 The term of post subsidies and social insurance subsidies for employees in public welfare posts less than five years from the statutory retirement age may be extended to retirement, while the term of post subsidies and social insurance subsidies for other employees shall generally not exceed three years.
Article 33 Employees in public welfare posts shall enjoy subsidies in strict accordance with relevant regulations. Do not belong to the employment promotion law, Shaanxi Province employment promotion regulations and related policies, the use of special funds for employment shall not be charged from the special funds for employment. For public welfare posts developed by local governments, the funds needed to pay employees' related subsidies shall be paid from the local employment matching funds.
Thirty-fourth public welfare post subsidies and social insurance subsidies shall be paid first. All localities should further improve the declaration and payment methods of public welfare post subsidies and social insurance subsidies, and clarify the procedures to ensure the timely payment of post subsidies and social insurance subsidies.
Chapter V Supervision and Inspection
Article 35 The recruitment of employees in public welfare posts shall be "open, fair and just", and a supervision hotline shall be set up to accept the supervision of all sectors of society.
Thirty-sixth public welfare post management to implement inspection and supervision system. Public employment service management institutions at all levels should strengthen the inspection and supervision of the implementation of the employment and treatment of employers, and rectify within a time limit if they fail to pass the inspection; If the rectification is unqualified, the qualification for the use of public welfare posts will be stopped.
Article 37 The relevant units and management personnel involved in the development, management, placement, employment, inspection and supervision of public welfare posts shall strictly perform their duties, and those who engage in malpractices for personal gain or neglect their duties shall be dealt with according to relevant regulations.
Article 38 If a staff member of a public welfare post practices fraud, pretends to be an impostor, or obtains the post qualification and post quota of a public welfare post in violation of policies, his post qualification shall be cancelled, and the responsibilities of the parties concerned shall be investigated according to relevant regulations.
Article 39 The employing units of public welfare posts must set up special accounts for the related expenses applied for appropriation, make separate accounting, use them according to regulations, and accept the supervision and inspection of human resources and social security, finance, auditing, supervision and other departments.
Fortieth human resources, social security and financial departments at all levels shall regularly check the situation of employers applying for public welfare post subsidies and social insurance subsidies. Individuals and units that impersonate or defraud post subsidies and social insurance subsidies should not only recover all the funds, but also hold the parties and their units accountable in accordance with the provisions of relevant laws and regulations.
Article 41 Establish a reporting system. Municipalities (districts) should report the statistical data of public welfare post development and management within 5 working days after the end of each quarter (see annex for the table).
Chapter VI Supplementary Provisions
Forty-second approach by the Provincial Department of human resources and social security, the Provincial Department of Finance is responsible for the interpretation of.
Article 43 These Measures shall come into force as of the date of promulgation.
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