Preferential policies for reemployment

Ministry of Labor and Social Security, State Planning Commission, State Economic and Trade Commission, Ministry of Supervision and Ministry of Finance

Ministry of Construction, People's Bank of China, State Taxation Administration of The People's Republic of China of People's Republic of China (PRC), State Administration for Industry and Commerce.

Office of the Central Organization Establishment Committee of the All-China Federation of Trade Unions

On the implementation of the * * * Central the State Council "on further improvement

Opinions on Several Issues Concerning the Re-employment Notice of Laid-off Workers

Ministry of Labor and Social Welfare [2002] No.20

Departments (bureaus) of labor and social security of all provinces, autonomous regions and municipalities directly under the Central Government, the Planning Commission and the Economic and Trade Commission. Supervision Department (Bureau), Finance Department (Bureau), Construction Department (Project Construction Committee), branches of China People's Bank (Business Management Department), State Taxation Bureau, Local Taxation Bureau, Administration for Industry and Commerce, Price Bureau, Office of Organizational Establishment Committee, Federation of Trade Unions:

In order to implement the Notice of the Central Committee of the State Council on Further Improving the Re-employment of Laid-off Workers (hereinafter referred to as the Notice), with the consent of the State Council, we hereby put forward the following opinions on relevant issues:

First, the identification and management of the object of re-employment support policy

(1) The following persons (hereinafter referred to as laid-off workers) who have the ability to work and have employment aspirations can enjoy the re-employment support policies stipulated in the Notice:

1. Laid-off workers from state-owned enterprises;

2. Unemployed persons in state-owned enterprises;

3. Persons who need to be placed in the closure and bankruptcy of state-owned enterprises;

4 other unemployed people in cities and towns who enjoy the minimum living guarantee and have been unemployed for more than one year.

The object of enjoying the re-employment support policy does not include the following personnel: those who have retired from enterprises according to regulations; Before the promulgation of the Notice, those who have obtained a business license to engage in individual business, have been recruited by the employer, and have obtained stable income through other means.

(two) when laid-off workers are re-employed, they can enjoy corresponding support policies with the "Re-employment Concession Card". The application procedure of re-employment concession card is as follows: laid-off workers who are ready to re-employment submit applications to the street (town) labor security office (hereinafter referred to as the street labor security office) with the laid-off unemployment certificate confirmed by the labor security department and the certificate issued by the community neighborhood Committee. Street labor and social security agencies posted after verification, submitted to the labor and social security departments at or above the county level for approval. Those who are found to meet the requirements shall be issued a "Re-employment Concession Card" by the labor and social security department. Independent industrial and mining areas without street labor security institutions and community neighborhood committees may apply to the labor security departments at or above the county level through enterprises entrusted by the labor security departments.

All localities shall handle the "Re-employment Concession Card" for those who have applied for the "Re-employment Concession Card" after verification and meet the following conditions:

1. Laid-off workers of state-owned enterprises who are still in the re-employment service center, or who have left the center after the expiration of the agreement, but have not terminated their labor relations and have not been re-employed;

2. Unemployed persons of former state-owned enterprises who have not been re-employed during the period of receiving unemployment insurance benefits;

3 in accordance with the national enterprise merger and bankruptcy plan to close the bankruptcy, receive a one-time resettlement fee and not re employment;

4 are enjoying the minimum living allowance for urban residents, and registered as unemployed for more than one year.

All localities should improve work efficiency and clearly stipulate the specific time limit for handling all aspects of the re-employment concession card.

(three) the "re employment concession card" is registered in real-name registration system, and is only used by the holder himself. Laid-off workers engaged in self-employment, the "re-employment concession card" by my custody. Employed by the employer, during the period of enjoying the support policy, the "Re-employment Concession Card" shall be kept by the employer.

The format of "Re-employment Concession Card" is uniformly formulated by the Ministry of Labor and Social Security, including the basic information of laid-off workers, re-employment support policies and enjoyment policy records. The specific content is determined by the provincial labor and social security department in conjunction with the relevant departments according to the local actual situation, uniformly printed and distributed free of charge. "Re employment concession card" fee charged from the re employment funds.

Labor and social security departments at all levels should strengthen the management of the issuance and use of re-employment concession cards. Establish a publicity system for personnel and employers who enjoy support policies and accept supervision by the masses. Strict "Re-employment Concession Card" review and issuance procedures to prevent fraud, fraud and other acts. Laid-off workers who transfer or lease the "Re-employment Concession Card" shall have their "Re-employment Concession Card" confiscated. The employer or individual who forges or rents a concession card for re-employment and defrauds the state of supporting policies and funds should go to hell to pay. If the circumstances are serious, the responsible person shall be investigated for criminal responsibility according to law. If a license issuing agency sells or sells a spade re-employment concession card in violation of relevant regulations, it shall be dealt with severely and administrative sanctions shall be imposed on the responsible personnel concerned.

(four) to receive the "re employment concession card" of laid-off workers to implement dynamic management. Local labor and social security departments should rely on street labor and social security institutions and community neighborhood committees to establish basic files and re-employment databases of laid-off workers, and timely grasp the situation of laid-off workers enjoying support policies. Laid-off workers who are receiving basic living expenses or unemployment insurance benefits after enjoying the re-employment support policy will stop paying basic living expenses and unemployment insurance benefits; Those who are enjoying the minimum living allowance for urban residents shall re-check their family income.

Two, on the laid-off workers engaged in self-employed support

(five) the local urban planning, construction and management departments should proceed from the local reality, in the urban planning and construction, establish a commercial market, and properly arrange the business premises for the re-employment of laid-off workers. When rectifying the appearance of the city, we should take practical and effective measures to help re-employed people solve the problem of business space. A certain proportion of the business stalls in the newly-built trade market can be rented and sold to laid-off workers. Where conditions permit, relatively centralized production and operation experiments and cultivation places can be arranged for laid-off workers to encourage them to apply for jobs and start businesses.

(six) the relevant departments should strengthen the guidance of laid-off workers engaged in self-employment, express procedures, and provide relevant policy advice and entrepreneurship training services. It is necessary to simplify the examination and approval procedures and put forward specific time limits for handling various procedures. Where conditions permit, special windows should be set up, with the participation of relevant administrative departments, and centralized office should be adopted to provide laid-off workers with "one-stop" services for completing industrial and commercial registration, tax registration, social insurance registration and other related procedures at one time.

(seven) laid-off workers engaged in self-employment, can hold the "re employment concession card" and the relevant materials stipulated by the tax authorities, to the local competent tax authorities to apply for tax reduction or exemption. The specific measures shall be implemented in accordance with the Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Tax Policies for the Re-employment of Laid-off Workers (hereinafter referred to as the Notice of Tax Policies) and the Notice of the Ministry of Labor and Social Security of State Taxation Administration of The People's Republic of China on the Specific Implementation Opinions on Promoting the Re-employment of Laid-off Workers (hereinafter referred to as the Implementation Opinions on Tax Policies).

(8) Laid-off workers who are self-employed, self-employed or in partnership, and organized for employment may apply to commercial banks or their branches for small secured loans after the local loan guarantee institutions promise to guarantee them; Those who engage in low-profit projects can enjoy the full discount from the central government. The specific measures shall be implemented according to the Measures for the Administration of Small Guaranteed Loans for Laid-off Workers issued by the People's Bank of China, the Ministry of Finance, the State Economic and Trade Commission and the Ministry of Labor and Social Security.

(nine) fully implement the policy of free self-employment for laid-off workers. All localities should carry out a comprehensive and serious clean-up of administrative fees involving laid-off workers' self-employment, further clarify the specific items exempted and announce them to the public. It is strictly forbidden for management law enforcement organs at all levels to raise funds, apportion or forcibly sell newspapers and periodicals to laid-off workers engaged in individual business in the name of management services. All kinds of intermediary agencies shall collect the service fees involved in the self-employment of laid-off workers in accordance with the principle of voluntary compensation. Resolutely correct all kinds of compulsory services and compulsory fees for laid-off workers engaged in self-employment.

Three. Support enterprises to absorb laid-off workers and resettle surplus personnel.

(10) Service-oriented enterprises that meet the requirements of tax reduction and exemption policies may apply to the local labor and social security departments at or above the county level for the recognition of tax reduction and exemption policies. After verifying the number and proportion of laid-off workers who have been newly recruited by enterprises and signed labor contracts with them for more than three years, the labor and social security department will issue the certificate of newly-established service enterprises to absorb laid-off workers or the certificate of existing service enterprises to absorb laid-off workers according to the situation of enterprises. The enterprise shall apply to the local competent tax authorities for tax reduction or exemption on the basis of the certificate of the labor and social security department and the relevant materials stipulated by the tax authorities. The specific measures shall be implemented in accordance with the Notice of Tax Policy and the Opinions on the Implementation of Tax Policy.

(11) Economic entities established by large and medium-sized state-owned enterprises that meet the conditions of separation of main and auxiliary industries and restructuring of auxiliary industries as stipulated in the Notice may apply to the local competent tax authorities for tax reduction or exemption on the basis of relevant certificates issued by relevant departments and relevant materials as stipulated by tax authorities. Specific measures shall be implemented in accordance with the Implementation Measures on Separation of Main and Auxiliary Enterprises and Diversion of Surplus Personnel in Large and Medium-sized State-owned Enterprises, Notice on Tax Policy and Opinions on Implementing Tax Policy issued by the State Economic and Trade Commission, Ministry of Finance, Ministry of Labor and Social Security, Ministry of Land and Resources, People's Bank of China, State Taxation Administration of The People's Republic of China, State Administration for Industry and Commerce and All-China Federation of Trade Unions.

(12) All kinds of service enterprises (including commercial, catering and service enterprises, except industries restricted by the state) newly recruit laid-off workers from state-owned enterprises, and apply for social insurance subsidies to the local labor and social security departments at or above the county level with the following materials:

1. Copy of business license and tax registration certificate;

2. The roster of employees at the end of last year and the existing roster of employees;

3. Enterprise wage payment voucher;

4. The labor contract signed between the enterprise and the newly recruited laid-off workers, the "Re-employment Concession Card" for the newly recruited laid-off workers and the proof of termination of labor relations with the original enterprise;

5. Other documents required by the local labor and social security department.

The labor and social security departments at or above the county level shall, after reviewing the number of laid-off workers from state-owned enterprises who have newly recruited new posts and signed labor contracts with them for more than three years, issue the Audit Certificate of Enterprises Absorbing Laid-off Workers from State-owned Enterprises. The enterprise shall go through the relevant social insurance payment procedures at the social insurance collection agency with the audit certificate, and verify the number of social insurance subsidies and the amount to be paid.

(thirteen) the implementation of social insurance subsidies "pay first and then make up". Employers pay social insurance premiums for laid-off workers of state-owned enterprises according to regulations. The social insurance collection agency shall issue enterprise payment vouchers to the local financial department on a quarterly basis. After being audited by the financial department, the social insurance premium subsidized by the re-employment fund shall be directly included in the basic account where the enterprise opens in the bank, and the labor and social security department shall be notified. Specific measures and related management shall be implemented in accordance with the Notice of the Ministry of Finance and the Ministry of Labor and Social Security on Issues Concerning the Management of Funds for Promoting the Re-employment of Laid-off Workers (hereinafter referred to as the Notice of Fund Management).

Four. Provide reemployment assistance to the elderly with employment difficulties

(fourteen) laid-off workers who have the ability to work and the desire to find employment, and have difficulties in finding employment, when applying for the re-employment concession card, the men are over 50 years old and the women are over 40 years old. After being declared by the street labor and social security institutions and audited by the labor and social security departments at or above the county level, they can be identified as older people with employment difficulties and marked on the re-employment concession card.

(fifteen) all localities should provide reemployment assistance to older people with employment difficulties. Where public welfare posts are invested and developed by governments at all levels, priority should be given to older people with employment difficulties who meet the requirements of the posts. Streets and communities should make a list of elderly people with employment difficulties and focus on helping them. Public employment agencies should, according to the specialties and employment needs of the elderly with employment difficulties, formulate special assistance plans on an annual basis, carry out targeted employment services, and work closely with street labor and social security agencies to provide public welfare posts for the elderly with employment difficulties who are willing to accept public welfare posts from relevant government departments within a certain period of time.

(sixteen) the specific measures and related management of arranging the employment difficulties of the elderly who originally belonged to state-owned enterprises to work in public welfare posts developed by the community and apply for social insurance subsidies shall be implemented according to the Notice on Fund Management.

For the public welfare posts developed in the community to arrange employment for the elderly with employment difficulties, all localities may provide appropriate proportion of post subsidies according to local conditions, and the subsidy standards and measures shall be determined by the local government.

Five, about the occupation introduction and reemployment training

(seventeen) all localities should establish a public employment service system according to the requirements of the notice. * * * Public employment agencies provide free employment and career guidance services for registered unemployed people in cities and towns and laid-off workers from state-owned enterprises. It is necessary to implement post registration, career guidance, career introduction, training application, appraisal declaration and file management. Social insurance relationship continues "one-stop" employment service. It is necessary to formulate "one-stop" service standards, business processes and work systems to improve work efficiency.

If all kinds of employment agencies successfully introduce registered unemployed people in cities and towns and laid-off workers from state-owned enterprises free of charge, they will give employment subsidies from the re-employment funds according to the recommendation certificate of the employment agencies, the laid-off unemployment certificate of the introduced personnel, and the copy of the labor contract signed by the employer and the laid-off workers and confirmed by the local labor and social security department.

(eighteen) registered unemployed people in cities and towns and laid-off workers from state-owned enterprises who have been employed can enjoy free re-employment training. All kinds of qualified social education and training institutions provide free training for the above-mentioned personnel, and assess the labor security, the training qualification rate of the financial sector, and the re-employment situation after training. After examination, training subsidies will be given from the re-employment funds.

(nineteen) occupation introduction subsidies and reemployment training subsidy standards, determined by the provincial labor and social security department in consultation with the financial department. The specific fund allocation method and related management shall be implemented in accordance with the Notice on Fund Management.

(twenty) all localities should strengthen the construction of labor market information network, collect information extensively, establish a public release system, and gradually realize the informationization of employment services, so as to provide high-quality and efficient employment services for all kinds of job seekers, especially laid-off and unemployed people. It is necessary to establish a basic database of urban employment services and unemployment insurance, establish a local area network in municipal public employment agencies, realize information networking with public employment agencies and unemployment insurance agencies in major districts and counties within their jurisdiction, and gradually realize information sharing with various vocational training institutions. Large and medium-sized cities should connect information networks to street labor and social security institutions.

Continuation of social insurance relationship of intransitive verbs

(twenty-one) social insurance agencies should promptly continue the social insurance relationship for laid-off workers who are re-employed. When laid-off workers terminate their labor relations and leave the enterprise, the social insurance premiums they owe and the enterprise should pay for them should be paid in one lump sum. When employing laid-off workers, the employer shall promptly go to the social insurance agency to handle the procedures for the connection and transfer of social insurance relations. Social insurance agencies should adapt to the needs of diversified employment of laid-off workers, follow Fangshan in different places, and generally open special windows to facilitate employees to pay insurance premiums in their personal capacity. It is necessary to carefully check the basic data such as employee payment records and individual payment years, and standardize the continuation procedures. For flexible employees without fixed units and individual industrial and commercial households with relatively concentrated operations, they can take over and pay fees by relying on street labor and social security institutions and public employment agencies. If the laid-off workers are not re-employed, the social insurance agency shall retain their original social insurance relationship; During the period of laid-off and unemployment, those who reach the retirement age stipulated by the state shall apply for retirement on their behalf by the unit or department that keeps their files. Social insurance agencies should strengthen communication and contact with employment service agencies, and timely and accurately grasp the employment changes of laid-off workers.

(twenty-two) social insurance agencies to issue the "social insurance payment notice" to laid-off workers. The Notice of Continued Payment of Social Insurance includes the following contents: the balance of social insurance personal account fund and the cumulative payment (including deemed payment) years; Relevant certification materials that should be carried when handling social insurance payment; Insurance methods and related policies in different fields of employment; Conditions for enjoying social insurance benefits and measures for calculating and distributing social insurance benefits; Procedures for applying for social insurance benefits; Consultation telephone number and contact person of Fangshan district social insurance agency.

Seven, about the streets, community labor and social security work.

(twenty-three) the streets and towns with heavy tasks can set up or determine the institutions responsible for labor security affairs, which are determined by the local party committees and governments according to the actual situation. Street labor and social security institutions should hire specialized personnel in the community to be responsible for labor and social security work. To establish a unified grass-roots labor security system, in order to facilitate work and improve efficiency, the institution responsible for labor security work can be called the labor security office (station). The staffing of street labor and social security institutions is proposed by the local labor and social security department and determined by the corresponding staffing department. The personnel and working funds of the street labor and social security institutions and the working funds of the community labor and social security shall be arranged by the finance.

(twenty-four) clear responsibilities of street labor and social security institutions and tasks of community workers. Street labor and social security institutions should conscientiously do a good job in the issuance of re-employment concession cards and the management of laid-off workers, go through the relevant procedures of small secured loans for self-employed laid-off workers, develop community public welfare posts, organize the implementation of community employment projects, mobilize new laborers who have failed to continue their studies to participate in labor preparatory training, and organize employment services. Responsible for the socialized management of retirees, assist relevant departments to establish and improve party organizations among retirees, carry out cultural and sports activities, and guide and help social service institutions to provide medical and health services. Do a good job in statistical investigation of labor security.

Community labor and social security workers should master the basic situation of laid-off workers in this area, master the basic information of retirees, and provide relevant services for the re-employment of laid-off workers and the life of retirees.

(twenty-five) to strengthen the business training and work guidance for grassroots labor and social security staff. It is necessary to establish a responsibility system for work objectives, improve basic management, formulate work standards, implement performance appraisal, and gradually improve the work level of grassroots staff. It is necessary to guide grassroots staff to change their work style, improve work efficiency, provide practical and effective services, and help laid-off workers and retirees solve practical problems.

Eight, about the responsibility of the re employment department

(twenty-six) all localities should, in accordance with the requirements of the notice, implement the responsibility system for promoting employment of relevant departments at all levels under the responsibility system for promoting employment determined by local party committees and governments. It is necessary to regularly organize relevant departments to supervise and inspect the implementation of reemployment support policies to ensure that all policies are in place.

Labor and social security departments should strengthen the identification and management of laid-off workers and coordinate relevant departments to improve and implement various reemployment support policies; Accelerate the establishment of a community work platform, vigorously promote "one-stop" employment services, organize re-employment training, and do a good job in re-employment assistance; Continue to consolidate the two guarantees and do a good job in continuing the social insurance relationship of laid-off workers; Strengthen labor supervision and safeguard the legitimate rights and interests of workers.

The planning department should incorporate the control of unemployment rate and the increase of jobs into the local economic and social development plan; To study and formulate macroeconomic and social policies conducive to promoting employment; Coordinate various economic and social policies to form a joint force conducive to expanding employment; The competent price department shall coordinate, supervise and inspect the implementation of various fee reduction and exemption policies.

The economic and trade departments should promote the development of small and medium-sized enterprises and create more jobs by improving the investment environment and market access. Encourage large and medium-sized state-owned enterprises to separate the main and auxiliary industries and reorganize the auxiliary industries, and broaden the channels for the diversion and resettlement of surplus personnel; We will implement the resettlement and social security for employees of closed bankrupt enterprises, and actively and steadily do a good job in reducing staff and increasing efficiency in advantageous enterprises.

Supervision departments should strengthen supervision and inspection of government departments to implement various support policies for re-employment, and investigate and deal with violations of laws, regulations and administrative discipline by government departments and state staff who do not implement policies according to law.

The financial department should intensify the structural adjustment of financial expenditure, increase the investment of re-employment funds and strengthen the supervision and management of re-employment funds; Coordinate and urge relevant departments to take measures to conscientiously implement various fee reduction and exemption projects for laid-off and unemployed people engaged in self-employment.

Urban planning, construction and management departments should properly arrange laid-off workers to find their own business premises; It is necessary to formulate specific measures such as preferential support policies and give priority to laid-off workers in labor-intensive industries such as property management, environmental sanitation and landscaping.

The People's Bank of China should guide and urge commercial banks to provide small secured loans to eligible laid-off workers in a timely manner.

The tax authorities should adhere to the rule of law, standardize law enforcement, take measures to track the actual effect, keep abreast of the implementation of the re-employment tax support policy, and solve problems in time; Carry out special inspections on the implementation of re-employment tax support policies to ensure that all tax support policies are in place.

The industrial and commercial departments should actively encourage and support the development of individual and private economy and promote the reemployment of laid-off and unemployed people; It is necessary to set up a special window to provide business guidance and consulting services on relevant policies, regulations and information for laid-off workers to apply for self-employed households and enterprise registration; It is necessary to handle the industrial and commercial registration of self-employed individuals and enterprises according to law and simplify relevant procedures.

The organization department should coordinate and solve the problems of labor security supervision, street (township) and community labor security institutions.

Trade unions should actively participate in the formulation and implementation of local re-employment policies; Give full play to the supervisory role of mass organizations and urge all support policies to be put in place; Education guides workers to change their ideas and do practical things for laid-off workers, especially those with employment difficulties.

All departments should formulate standardized business processes and strengthen coordination and cooperation in accordance with the principles of being scientific and reasonable, facilitating the masses, simplifying procedures and improving efficiency. It is necessary to establish a regular inspection system for reemployment support policies. If the supporting policies are not implemented or not implemented effectively, informed criticism should be established.

(twenty-seven) all localities should strengthen the supervision and law enforcement of labor security, and regularly clean up and rectify the labor market in conjunction with relevant departments to protect the legitimate rights and interests of workers. For all kinds of enterprise recruiters who do not sign labor contracts, abuse probation, deduct wages without reason, refuse to pay social insurance premiums and other illegal acts, they should be investigated and dealt with according to law. Severely crack down on all kinds of illegal professional intermediaries and all kinds of fraud. It is necessary to establish an administrative licensing system for unemployment registration, employment registration and job introduction, and standardize the behavior of employers and workers in job hunting, employment and job introduction agencies.

It is necessary to set up labor security supervision institutions in the labor security departments at the city and county levels, with full-time and part-time labor security supervision personnel. The establishment of labor security legal supervisor system, in trade unions, women's federations, the Communist Youth League and other people's organizations and enterprises to hire legal supervisors. According to the requirements of the "Notice", ensure the working funds of the labor security supervision and law enforcement team.

(twenty-eight) the reemployment of laid-off workers from central enterprises shall be incorporated into the local reemployment work plan according to the principle of territoriality and implemented as a whole. Laid-off workers from central enterprises enjoy various local re-employment support policies and employment services, and their identification, management, services and statistics are under the unified responsibility of relevant local departments. The central enterprise group company (head office) should also earnestly shoulder its responsibilities and cooperate with local governments to do a good job in re-employment of laid-off and unemployed people in subordinate enterprises.

Local labor and social security, planning, economy and trade, supervision, finance, construction, people's bank, taxation, industry and commerce, price, establishment and other departments and trade unions shall, under the leadership of local party committees and governments, formulate specific implementation measures in accordance with the requirements of this opinion and local conditions. Problems in the implementation should be reported to the superior in time.

Ministry of Labor and Social Security, State Planning Commission and State Economic and Trade Commission

Ministry of Supervision Ministry of Finance Ministry of Construction China People's Bank

People's Republic of China (PRC) State Taxation Administration of The People's Republic of China State Administration for Industry and Commerce

Office of the Central Organization Establishment Committee of the All-China Federation of Trade Unions

2002 1 1 25th of the month