In order to speed up the reform and restructuring of state-owned enterprises and earnestly safeguard the legitimate rights and interests of enterprises and employees, according to the relevant provisions of the state, province and city, we now put forward the following opinions on the treatment of the connection between the labor relations and social insurance relations of employees in the process of reform and restructuring of municipal state-owned enterprises:

1. Handling of labor relations?

(a) restructuring enterprises must formulate plans to deal with labor relations, and straighten out the labor relations of employees according to law. The contents of the plan include:

1, policy basis, working principles, implementation time, targets, working procedures and main measures; ?

2, the number of employees, total wages of enterprises, average wages of employees, economic compensation methods, standards, payment number, total funds and sources; ?

3. Measures for handling labor relations of resettlement personnel, connecting social insurance relations and paying social insurance premiums for employees; ?

4, arrears of wages and medical expenses and other debts; ?

5. Resettlement measures for retirees, disabled pensioners and survivors. ?

(2) Enterprises shall listen to the opinions of trade unions and the broad masses of employees when formulating plans for handling labor relations. The labor relations treatment plan shall be submitted to the workers' congress or the workers' congress for deliberation and approval, and then reported to the municipal labor and social security department for examination and filing. ?

(three) the number of employees in enterprise restructuring and the time for calculating and paying economic compensation shall, in principle, be the deadline from the date when the SASAC of the municipal government approves the enterprise restructuring plan. ?

For enterprises whose restructuring plan has been discussed and approved by the workers' congress or the workers' congress before June 5, 2003+February 9, 2003, the deadline for the number of employees in the restructured enterprise and the calculation and payment time of economic compensation is the day when the workers' congress or the workers' congress is held; The standard of economic compensation for workers who terminate labor relations shall not be higher than the standard stipulated in the Notice of the General Office of Harbin Municipal Committee and the General Office of Harbin Municipal People's Government on Several Issues Concerning the Reform of State-owned Enterprises' Property Rights System (No.312006). For enterprises approved by the State-owned Assets Supervision and Administration Commission (SASAC) of the municipal government after February 9, 2003, the standard of economic compensation for employees who terminate labor relations shall be implemented according to the opinions of Harbin Municipal Party Committee and Harbin Municipal People's Government on accelerating the reform and reorganization of municipal state-owned industrial enterprises (Hafa [2003] No.24) and the relevant provisions of this opinion.

(4) When the enterprise is restructured into an enterprise in which all state-owned capital has been withdrawn, the original enterprise shall terminate the labor relationship with all employees in accordance with the relevant provisions of the state and pay economic compensation or living allowance (for employees who have been away from the statutory retirement age for less than 5 years or have worked for 30 years, it shall be handled in accordance with Article 24 of this opinion). If the employees continue to work in the restructured enterprise through consultation, they shall re-sign the labor contract. After that, the working years of paying economic compensation after the termination of labor relations shall be counted from the date of re-signing the labor contract. ?

(five) the restructuring of state-owned enterprises, in the restructuring of the original enterprise should be in accordance with the relevant provisions of the state to pay the termination of labor relations economic compensation or living allowance. For employees who continue to sign labor contracts with restructured enterprises, the amount of economic compensation can be approved according to the length of service and the prescribed standards before the restructuring of employees. Employees who leave the enterprise due to the dissolution or termination of the labor contract shall be paid according to the approved amount from the proceeds of state-owned shares or through the transfer of state-owned shares as economic compensation or living allowance for employees before the restructuring; The economic compensation calculated and paid after the restructuring shall be borne by the restructured enterprise. ?

(six) the restructuring of a wholly state-owned or wholly state-owned enterprise shall negotiate with the employees to change or re-sign the labor contract without paying economic compensation. The term of the re-signed labor contract shall not be less than 3 years, and the working years of the employees in this unit before and after the restructuring shall be continuously calculated. If the enterprise and the employee fail to reach an agreement on the alteration or re-signing of the labor contract, the enterprise shall terminate the labor relationship with the employee according to law and pay economic compensation or living allowance according to the regulations. ?

(seven) when the enterprise is reorganized (merger, merger and division), it must properly arrange the employees of the original enterprise and continue to perform the original labor contract. If the original labor contract cannot be continued, it shall be changed or re-signed through consultation with the employees according to the actual situation, and the contract term shall not be shorter than the original labor contract term. If the labor contract is changed or re-signed, no economic compensation will be paid, and the working years of the employees before and after the reorganization will be calculated continuously. If the enterprise and the employee fail to reach an agreement on the alteration or re-signing of the labor contract, the enterprise shall terminate the labor relationship with the employee according to law and pay economic compensation or living allowance according to the regulations. ?

(8) According to the performance of the term of the labor contract, the economic compensation or living allowance shall be treated as follows:

1. The employee whose original labor contract is not full shall pay the economic compensation equivalent to 1 month's salary for every full 1 year (less than 1 year) according to the employee's working years in this enterprise; ?

2. If the original labor contract expires or the labor contract is dissolved according to the conditions agreed by both parties, the living allowance equivalent to 1 month salary shall be paid for every full 1 year (less than 1 year), with the maximum not exceeding 1 2 months. ?

After March 6, 200 1, 1,1,employees who are on the job and whose labor contracts expire will not be paid living allowance.

(nine) the calculation standard of economic compensation or living allowance:

1. If the production and operation of the enterprise are normal, it shall be calculated and paid according to the average monthly salary of employees 12 months before the dissolution or termination of the labor contract. If the average monthly salary of employees is lower than that of the enterprise, it shall be calculated and paid according to the standard of the average monthly salary of the enterprise; if the average monthly salary of employees is higher than 3 times of the average monthly salary of the enterprise, it shall be calculated and paid according to the standard of not higher than 3 times of the average monthly salary of the enterprise;

2, enterprise production and operation is not normal, the average monthly wage of enterprises can not be determined or lower than the minimum wage standard of enterprise employees in this city, according to the minimum not lower than the minimum wage standard of enterprise employees in this city, the highest does not exceed 30% of the minimum wage standard of enterprise employees in this city; ?

3, enterprise assets are not enough to pay economic compensation or living allowance, need to adjust and transform the old industrial base in the city, according to the minimum wage standard of enterprise employees in this city. ?

(ten) when calculating economic compensation, if the actual average monthly salary of employees is higher than the basic old-age insurance payment base, the difference of basic old-age insurance premium can be paid according to the actual average monthly salary of employees; Fails to pay, according to the basic old-age insurance payment wage base calculation. If the actual monthly average wage is higher than the approved basic old-age insurance payment wage base, and the difference of basic old-age insurance premium is paid in full by net assets, it shall be calculated and paid according to the actual monthly average wage standard of the enterprise; Can not be repaid with net assets, according to the enterprise basic old-age insurance payment wage base calculation. ?

(eleven) the calculation method of wages and the average wages of employees in this enterprise:

Wages generally include hourly wages, piecework wages, bonuses, allowances and subsidies, wages paid for extended working hours and wages paid under special circumstances. ?

The calculation formula of the average salary of employees in this enterprise is: the average monthly salary of employees in this enterprise = the total amount of wages actually paid by all employees before 12 months/the average number of employees before 12 months × 12 (including all on-the-job and off-duty employees). ?

(12) The following income of employees does not belong to the salary range:?

1, welfare expenses such as living difficulties subsidies and family planning subsidies paid by enterprises to employees; ?

2. Labor protection expenses such as work clothes and summer drinks paid by enterprises to employees; ?

3, according to the provisions of the total wages are not included in the enterprise invention award, scientific and technological progress award, as well as labor remuneration and other labor income.

(13) The following conditions of the employees of the restructured enterprise can be calculated as the working years of the employees of the enterprise, and the working years of economic compensation or living allowance can be calculated:?

1, the continuous length of service of policy resettlement personnel such as retired soldiers and demobilized athletes before resettlement; ?

2, the original permanent workers to the labor contract system, the continuous length of service before the conversion; ?

3, because of the original unit merger, merger, joint venture, change the nature of the enterprise, change the name of the legal entity and other reasons to change the work unit or because of organizational transfer, organizational approval to transfer and other reasons to change the work unit, the original unit did not pay economic compensation or living allowance for employees, its continuous service in the original unit; ?

4, due to organizational decisions, from state organs, institutions, social organizations transferred to enterprises and did not receive economic compensation or living allowance of workers, their continuous service in the original unit. ?

(14) Time for employees to leave for personal reasons, such as maintaining labor relations by agreement, taking long holidays, studying for a long time, going abroad, etc. And the period during which they enter the re-employment center can be regarded as the number of years of non-working in this enterprise, which can be deducted when paying economic compensation or living allowance. ?

(15) The restructured enterprise reserves labor relations for 1-6 injured workers, and issues disability allowance according to the standards stipulated in the Regulations of the State Council Municipality on Industrial Injury Insurance. Among them, if a level 5-6 industrial injury worker proposes to terminate the labor relationship in writing, the employer shall pay the economic compensation equivalent to 1 month's salary for every employee's working years in the enterprise (calculated as 1 year for less than 1 year), and accordingly give him a one-time industrial injury medical subsidy and disability employment subsidy to terminate the industrial injury insurance. ?

7- 10-level injured workers who propose to dissolve or terminate the original labor contract shall pay the economic compensation equivalent to their own 1 month salary for each full 1 year (less than 1 year) according to the employees' working years in the enterprise, and give them a one-time work-related injury medical subsidy and disability employment subsidy accordingly.

One-time medical subsidies for work-related injuries and disability employment subsidies for workers with 5- 10-level work-related injuries who terminate labor relations shall be implemented in accordance with the standards of "Several Provisions on the Implementation of the Regulations on Work-related Injury Insurance in Heilongjiang Province". ?

(16) If an employee of a restructured enterprise suffers from illness or non-work-related injury, and is identified by the hospital appraisal labor appraisal committee as being mostly or partially incapacitated, he or she can neither engage in the original job nor engage in other jobs arranged by the restructured enterprise, when the restructured enterprise terminates the original labor contract, every year (dissatisfaction 1 year) he or she has worked in the enterprise shall be calculated as 1 year. Suffering from serious diseases, increase the Medicaid fee of not less than 50%; For terminally ill patients, the Medicaid fee shall be increased by not less than 100% of the Medicaid fee. ?

(17) How to deal with the economic compensation or living allowance of the people who entered the re-employment service center in the restructured enterprises?

1, those who terminate the labor relationship with the enterprise and agree to keep the pension and medical insurance relationship, can continue to implement the original agreement or pay the basic old-age insurance premium by the enterprise to the statutory retirement age according to the Opinions of the provincial government on Properly Handling the Issues Concerning the Laid-off Workers of State-owned Enterprises (Hei Zhengfa [200 1] 103). You can also pay the basic old-age insurance premium and medical insurance premium in one lump sum to the statutory retirement age according to the above standards and the increase coefficient of the average social wage in the future. Enterprises do not pay economic compensation and basic living expenses; ?

2 for those who have left the re-employment service center but have not terminated the labor relationship with the enterprise, the labor contract with the employee shall be terminated or terminated when the enterprise is restructured, and the economic compensation or living allowance shall be calculated according to the working years of the employee in the enterprise. ?

(18) The restructured enterprise shall clean up the off-duty personnel such as long vacation, laid-off, unpaid leave, unpaid leave and long-term sick leave, and notify them to handle labor relations in the enterprise in the following ways and procedures within 30 days:

1. The notice shall be delivered directly to the employee in writing, and shall be signed by his adult relatives who live together in his absence; ?

2. If it is difficult to deliver directly, it can be delivered by mail, and the date of receipt indicated on the receipt of registered inquiry is the date of delivery; ?

3. If the employee's whereabouts are unknown or cannot be notified by the above delivery methods, it can be delivered by announcement, that is, posting an announcement and notifying through the news media. From the date of announcement, it shall be deemed to have been delivered after 30 days. Those who fail to return within the time limit shall be treated as automatic resignation. ?

(nineteen) when the enterprise is restructured, no economic compensation shall be given to the following persons:

1, a nominal affiliated person who has no actual labor relationship with the enterprise; ?

2. Persons who resign automatically; ?

3. Persons who go abroad for personal reasons; ?

4. Persons who terminate the labor contract according to Article 25 of the Labor Law; ?

5. Persons under other circumstances as stipulated by laws and regulations. ?

(twenty) the wages owed by the enterprise to the employees during their service shall be reissued according to the balance of wages payable by the enterprise before the employees leave; During the employee's resignation, the enterprise does not pay wages. ?

(21) The medical expenses owed to employees before the enterprise did not participate in medical insurance shall be reissued according to the accumulated balance of welfare expenses accrued by the enterprise, and the specific replacement measures shall be formulated by the enterprise staff congress or the staff congress. ?

Second, the continuation of the social insurance relationship?

(twenty-two) employees who continue to be employed by restructured enterprises shall continue to pay social insurance premiums in accordance with regulations.

(23) Self-employed persons in restructured bankrupt enterprises who meet the requirements shall go to social insurance agencies for basic old-age insurance and medical insurance procedures or continuation procedures according to the insurance regulations for freelancers and flexible employees. If you are employed in a new unit, the employer shall handle the procedures for the continuation of basic old-age insurance, medical insurance and unemployment insurance, and the original social insurance payment period and renewal period shall be calculated continuously. ?

(twenty-four) when the enterprise is restructured, employees who are less than 5 years away from the statutory retirement age or have worked for 30 years can retire internally upon their own application and the approval of the enterprise, and the restructured enterprise will continue to pay social insurance premiums for them according to the regulations. Among them, the basic old-age insurance premium is not less than 60% of the average social wage of employees in the city last year, which is paid by enterprises at the rate of 22% and individual employees at the rate of 8%. When reaching the statutory retirement age, formally go through the retirement formalities and enjoy the pension insurance benefits according to the regulations; The basic medical insurance premium is based on the average wage of enterprise employees, and the enterprise pays 7.5% and the individual employee pays 2%. If the average wage of enterprise employees is lower than 60% of the average social wage, it shall be calculated as 60%. While participating in basic medical insurance, you must participate in large medical assistance. Large medical assistance funds shall be paid by the restructured enterprises in 2.5 yuan per person per month and individual employees in 2.5 yuan per person per month. ?

The living standard of retired employees in restructured enterprises shall be determined by the enterprise and paid monthly, and shall not be lower than the minimum living standard for urban residents in this Municipality.

When the enterprise is restructured, the former retired employees (referring to the "old-age" personnel who have left the re-employment service center) will pay the living expenses monthly by the enterprise during their internal retirement, and continue to pay social insurance premiums according to the regulations, and formally go through retirement procedures when they reach the legal retirement age.

Among them, during the internal retirement of the employees of loss-making enterprises, the municipal finance shall pay social insurance premiums from the re-employment funds according to regulations, and pay living expenses subsidies at the rate of 100 yuan per person per month, and formally go through retirement procedures when reaching the legal retirement age. ?

(twenty-five) when the enterprise is restructured, the enterprise shall record the dismissal procedures in the employee files, and if it has been filed in the labor and social security department for more than 1 year, it can go through the retirement procedures according to the workers' positions; Those who have not filed for the record cannot be handled according to this. ?

When the enterprise is reformed, the female employees who terminated their labor relations with the enterprise in the original management (cadre or technical) posts have not been re-employed and have been connected with the basic old-age insurance according to the individual employee 1 year or more. Upon my application, I can go through the retirement formalities according to the retirement age and conditions of the workers' posts with relevant certificates. ?

(twenty-six) female workers who are over the retirement age shall receive the basic pension from the month following the retirement formalities. ?

Those who retire according to the conditions of workers can no longer enjoy the proportion of standard salary increase and retirement fee and corresponding treatment according to the original cadre (management post) status. ?

(twenty-seven) employees of policy bankrupt enterprises who are less than 5 years away from the statutory retirement age may go through retirement procedures upon their own application and approval by the labor and social security department. Every early retirement 1 year, the basic pension except personal account will be reduced by 2%. ?

(28) Measures for the treatment of basic old-age pension and basic medical insurance premium for retirees of bankrupt and closed enterprises:

1. If the enterprise has realized its assets, it will pay the retirees a basic pension equivalent to 5- 10 years in one lump sum. If the assets are insufficient to be realized, the retirees can pay the social insurance service institution the overall project cost for 10 in one lump sum; ?

2, by the enterprise above the annual average wage of workers in the city as the base, according to the proportion of 9.5% for retirees to pay a one-time basic medical insurance premium to 70 years old. ?

(twenty-nine) after the enterprise restructuring, the expenses other than the overall pension project for retirees shall be calculated by the restructured enterprise according to the average life expectancy of the population provided by the local statistical department and paid to the social insurance service institution in one lump sum until the social security handling service center has paid it. ?

(30) The municipal labor and social security department shall set up an entrustment service center for bankrupt and restructured enterprises, which shall be responsible for the entrustment of bankrupt and restructured enterprises, and coordinate the off-project expenses, living allowances for survivors and orphans, and basic living expenses for retirees; Management services such as remittance and retirement of social insurance-related personnel and agreement to retain social insurance premiums. ?

(thirty-one) this opinion shall be implemented as of the date of issuance.