Implementation time: from 202 1 1 1.30.

Measures of Guangzhou Municipality on Family Identification and Archives Management of Difficult Employees

Chapter I General Provisions

Article 1 In order to further strengthen the identification of families of employees with difficulties, standardize the file management of employees with difficulties, and lay a solid foundation for helping employees with difficulties, according to the Notice of the General Office of the All-China Federation of Trade Unions on Printing and Distributing (General Office [2020]13) and the Notice of the General Office of the Guangdong Federation of Trade Unions on Printing and Distributing (Guangdong Industrial Office [202 1]29) and other relevant regulations.

Article 2 Employees who have joined a trade union organization in Guangzhou and have permanent residence in this city, or employees who have had de facto labor relations for more than 1 year and hold a valid local residence permit in Guangzhou, and the per capita income, rigid expenses, property and living conditions of family members living together meet the standards for filing difficult employees stipulated in these Measures, can apply through their local trade unions according to the prescribed procedures, set up files for difficult employees, and accept assistance from the trade unions.

Article 3 Trade unions at all levels should give full play to the role of trade unions in helping the needy, strengthen the effective connection between filing assistance for needy workers and send warm, mutual assistance, trade union charity and social charity, build a gradient assistance pattern with clear levels and different emphases, and implement the normalization of trade union assistance based on the service platform for trade union workers.

(a) adhere to the principle of "assistance according to the file, precise policy", establish files for eligible families of employees with difficulties, and implement assistance.

(two) the families of workers who do not meet the conditions for filing but still have difficulties in life should be rescued through send warm, mutual aid of workers, trade union charity, social charity and other channels.

(3) Strengthen communication and coordination with relevant government departments, actively guide and help families of employees with difficulties to apply for social assistance according to law, and effectively bring eligible employees with difficulties into the social assistance system.

Article 4 Adhere to the principle of "whoever identifies, files and manages". The trade unions of all districts and the trade unions of municipal industries and directly affiliated units (hereinafter referred to as the filing trade unions) are responsible for the identification of families of employees with difficulties and file management, assume the main responsibility, and accept the guidance and supervision of the Guangzhou Federation of Trade Unions.

Chapter II Filing Standards for Difficult Employees

Article 5 The files of employees with difficulties shall be determined by their families.

Article 6 The families of employees with difficulties are classified and filed according to the degree of difficulties and the reasons for difficulties, and are divided into families of employees with deep difficulties, families of employees with relative difficulties and families of employees with unexpected difficulties.

(1) Families of workers with deep difficulties: The monthly per capita net income is not higher than the minimum living standard in Guangzhou after deducting the rigid expenses of families such as illness, disability and children's schooling.

(II) Relatively difficult families of workers: After deducting the rigid family expenses such as illness, disability and children's schooling, the monthly per capita net income of families is higher than the Guangzhou minimum living standard and not higher than 1.5 times of the Guangzhou minimum living standard.

(III) Family members of employees trapped by accidents: employees themselves or their family members living with * * * suffered unexpected events, accidental injuries and major diseases in the past 12 months (refer to the criteria for the use of disease definition in critical illness insurance formulated by insurance institute of china), and received various levels and types of compensation, compensation from employees' mutual assistance security plan, assistance from employees' economic mutual aid (mutual aid) fund, and commercial insurance compensation. The monthly per capita net income of a family is not higher than twice the minimum living standard in Guangzhou, or the annual rigid expenditure and out-of-pocket medical expenses caused by illness, disability and accidental injury reach more than 40% of the total annual disposable income of the family. The main reason why workers' families are trapped by accidents should be the rigid expenditure caused by accidents, excluding children's schooling, single parent, disability, laid-off unemployment and low income.

Article 7 The term "per capita net income of a family" as mentioned in these Measures refers to "(the family income before the month of application 12 months-the necessary expenditure of the family rigid expenditure in the same period) ÷ the number of family members ÷ 12".

Article 8 Eligible families of employees with difficulties should first apply for relevant government assistance. If they still have difficulties after government assistance, they can apply to the trade union for recognition of employees with difficulties. Families of destitute workers whose monthly per capita income (before deducting rigid expenses) is less than 1.5 times of the minimum living security standard where they are registered, must first apply to the civil affairs department where they are registered for minimum living security assistance (hereinafter referred to as "minimum living security") and identify low-income families in this city (hereinafter referred to as "low income"), and apply for the identification of destitute workers after the application is approved. Workers' families who have not applied to the civil affairs department for "minimum living allowance" or "low income" shall, in principle, not be included in the filing assistance object of the families of workers with difficulties in trade unions.

Article 9 If an employee or a family member who lives with him suffers from a serious illness and his medical expenses reach or exceed 40% of his family's annual disposable income, he must first apply for medical assistance from the medical assistance department at his domicile or workplace. Workers' families who have not applied to the medical security department for assistance shall, in principle, not be included in the filing assistance object of the families of workers with difficulties in trade unions.

Tenth workers' family income accounting indicators.

Accounting index of family income of employees. Family income of employees refers to all cash and in-kind income obtained by the family within the prescribed time limit. If the household income provided by employees at the time of declaration is inconsistent with the data in the family economic status check system, the higher one shall prevail in principle.

(1) Wage income: refers to all labor remuneration and various benefits obtained by employees through various channels, including but not limited to: wages, salaries, bonuses, labor dividends, allowances, subsidies and other employment-related income.

Wage income is mainly determined by bank running water, income certificate, salary slip and other materials. If there is no labor contract, it shall be determined by investigating employment, labor remuneration and various welfare income, or calculated according to the payment of social insurance, personal income tax and housing provident fund. For flexible employees who cannot calculate the actual wage income, in principle, their wage income should be calculated according to the minimum wage standard of their workplace. If the applicant's declared income is higher than the minimum wage standard in the place where he works, the declared income shall prevail.

(2) Operating income. Refers to all net operating income obtained from production and operation and paid service activities. Including production income from planting, breeding, collection and processing, and income from business and paid service activities such as industry, construction, handicrafts, transportation, wholesale and retail trade, catering, culture, education, health and social services.

(3) Property income. Income from lease, transfer and lease of movable property and real estate; Savings deposit interest, securities dividends, savings insurance investment income; Collective property income dividends, the collection of housing, land, demolition and resettlement income. Income from mortgage and sale of goods.

(4) Transfer income. Including support (support, support) income, retirement pension, unemployment insurance, survivors' subsidies, compensation income, inheritance, accepting donations from organizations, and fundraising income from online and offline help platforms.

If there is evidence to prove the actual amount of transfer income, it shall be calculated according to the amount stipulated in legal documents; If there is an agreement or judgment document, it shall be calculated according to the amount stipulated in the legal document. Pension, unemployment insurance, funeral expenses and pension are confirmed on the basis of individual bank account details. Maintenance (support, maintenance) fee income is calculated in principle according to the amount stipulated in the legal documents of maintenance (support, maintenance); If there is no legal document, it needs to be verified through investigation; Unable to verify the amount, in principle, according to the special tax deduction amount calculation.

(5) subsidy income. Refers to all levels of civil affairs, medical care, education, disabled persons' federations, social organizations, trade unions and other relevant social assistance institutions (departments) to give assistance and relief income; Expenditure and income from purchasing commercial insurance.

Trade unions at all levels need to include life assistance, grants, medical assistance, etc. into family income, while such a small holiday in solatium may not be included in family income.

(six) other items that should be included in the family income after confirmation.

Article 11 When a divorced single-parent family with children files, the children are filed by the raising party and included in the family population, and those with children are included in the family non-wage income.

Twelfth family members are not employed within the legal working age, and their wage income is calculated according to the local minimum wage standard. Retirees who have reached the statutory retirement age and have not yet enjoyed the basic old-age insurance benefits must calculate their income according to the minimum living security standard at the place where their household registration is located, except for evidence to prove their income.

Thirteenth workers' family rigid expenditure accounting indicators.

The rigid expenditure of employees' families includes the expenses incurred by special reasons such as family members suffering from serious illness and going to school (high school and above), but it does not include the daily living expenses.

(1) Expenditure due to illness. Refers to the medical expenses incurred by family members who are hospitalized due to illness (including general hospitalization, emergency observation, outpatient chronic diseases, and outpatient specific items). After deducting basic medical insurance, supplementary medical insurance, serious illness insurance, commercial insurance reimbursement, employee mutual assistance plan subsidies and assistance from relevant departments such as civil affairs and medical security, the personal commitment is calculated.

The expenses incurred due to illness do not include: health examination, delivery, self-funded items outside the medical insurance catalogue, self-purchased drugs for the treatment of general diseases, etc.

(2) Disability expenses. Refers to the expenses actually borne by employees or their families after deducting state and local subsidies from the expenses of rehabilitation treatment, rehabilitation training, nursing and assistive devices. The service agencies of the above-mentioned projects shall be the designated agencies of the government, the Disabled Persons' Federation and other relevant departments, and the amount of expenses shall be calculated according to the invoice amount.

(3) the cost of learning. Refers to the expenses incurred by children attending high schools and above and disabled children receiving special education. According to the tuition fees, accommodation fees and necessary long-distance tolls borne by individuals (limited to hard-seat bus and train tickets for two trips to and from school and residence every academic year), the part borne by individuals after deducting government or social subsidies.

Tuition fees do not include fees for attending kindergartens (pre-school education), high school compulsory education schools and private schools, part-time junior college or above, and postgraduate or above.

(4) Housing expenses. Refers to the cost of renting a house with a per capita construction area of less than 15 square meter (or a per capita living area of less than 10 square meter) for poor workers' families without their own property rights in Guangzhou. The housing area is subject to the property right certificate, and the rent is subject to the lease contract, with the maximum not exceeding the special tax deduction.

(five) other special expenses that can be included in the family's rigid expenditure.

Article 14 In principle, the total family population shall be calculated with the household registration as the unit, with the population living together all the year round as the unit, or with the population who are not in the same household registration but have the relationship of maintenance, support, upbringing or adoption and live together as the unit. The actual family members who live together but have independent accounts can be listed as the main family members after being confirmed by more than two grassroots trade unions through household surveys. The main family members include:

(1) Spouses and minor children;

(two) children who have grown up but cannot live independently, including adult children who have received undergraduate education or below;

(3) parents (in principle, they need to live with employees all the year round);

(4) Other persons who have the legal obligation to support, support, support or adopt and live together for a long time.

Fifteenth perennial * * * population can be investigated and verified by grass-roots trade unions, or through the community and villagers' committees where they live.

Sixteenth the following persons are not included in the family members who live together with * * * *:

(a) long-term (continuous 1 year) from the family to live independently;

(2) Persons serving sentences in prisons and persons performing compulsory isolation and detoxification in compulsory isolation and detoxification centers;

(3) A person declared missing by the court; Persons who have not been declared missing but have been missing for more than 1 year;

(four) registered in the same household registration book, but the family members who live together with * * * * cannot determine the obligation of maintenance, support, support or adoption;

(5) people who are not sure whether to live together for a long time.

Seventeenth family members in any of the following circumstances, can be identified as people with no ability to work:

/kloc-minors under the age of 0/6;

(two) the elderly over 60 years old;

(three) adults under the age of 60 who have suffered from serious diseases for a long time and are not suitable for work; Persons with intellectual and mental disabilities with first, second and third degree disabilities, persons with first and second degree physical disabilities and persons with first degree vision disabilities;

(four) according to the relevant provisions of the state, province and city can be identified as other circumstances without the ability to work.

Eighteenth employees' families in any of the following circumstances, shall not establish files for employees in difficulty (except conditions):

(a) Children attend expensive private schools or study abroad at their own expense.

(2) There are high consumption behaviors that are inconsistent with the family income level.

(3) Owning a commercial store; I or my family members are the controlling shareholders and actual controllers of the company.

(4) Persons who have the ability to work within the age of employment but are not yet employed refuse employment without justifiable reasons.

(five) refused to cooperate with the investigation and verification, resulting in family income can not be verified. Families who deliberately conceal real income and changes in family population and provide false application materials and certificates; Persons who deliberately take other actions to evade laws and regulations and have no financial resources and have difficulties in life.

(six) have two or more houses, and the per capita construction area exceeds 15 square meters or the per capita living area exceeds 10 square meters; Have rural self-owned houses for daily life and 1 set (inclusive) or more commercial houses for non-residence or lease; Lease two or more houses at the same time.

(7) Persons who own and regularly use all kinds of motor vehicles (except disabled and sick employees who use functional compensation instead of walking) are not included in the files of employees with deep difficulties; It is relatively difficult to exclude all kinds of newly purchased motor vehicles before filing 12 months; All kinds of motor vehicles newly purchased after emergencies, accidental injuries and major diseases are not included in the files of employees with difficulties caused by accidents.

(eight) concealing the family's economic income and property, refusing to accept the investigation of the family's economic situation by trade unions, civil affairs, medical insurance, education and other social assistance departments; Family members of employees who fail to apply for relevant government (social) assistance as required.

(9) The per capita amount (market value) of financial assets under the names of all family members exceeds the sum of the minimum living standard in Guangzhou for 24 months.

(ten) whether there are illegal and criminal acts in the family members of the employees;

(eleven) other circumstances recognized by the Municipal and District Federation of Trade Unions in combination with local conditions.

Chapter III Filing Procedures for Families of Difficult Employees

Article 19 Voluntary declaration. The laborer submits a written application to the local grass-roots trade union, voluntarily declares, and provides himself and his family members with his household registration book and a copy of his ID card, proof of family income, a letter of commitment to voluntarily accept family economic information verification and a letter of commitment to prove that the materials are true.

Article 20 Thoroughly investigate. After receiving the written application report and application materials from the employees, the grass-roots trade union where the declared employees are located should promptly complete a thorough investigation of the family members, economic income, health status, difficulties and family expenses of the declared employees through various channels such as home visits and third-party evaluation, and verify the family difficulties of the employees.

Twenty-first bid evaluation publicity. The grass-roots trade union where the declared employees are located will evaluate the authenticity and rationality of the declared materials and related information of the declared employees in combination with a thorough investigation, and publicize the evaluation results for 5 working days. Timely report the declared employee materials without objection to the township (street, park) Federation of Trade Unions or the trade unions at the next higher level.

The twenty-second review report. Upon receipt of the application materials, the township (street, park) Federation of Trade Unions or the trade union at the next higher level shall, in principle, report the application materials of the employees with difficulties to the service center of the Federation of Trade Unions and the trade unions of various industries and directly affiliated units within 10 working days after receiving the application materials.

Article 23 Identification and filing. The staff service centers of the Federation of Trade Unions in all districts and the trade unions of the industries and directly affiliated units in all cities should check the economic situation of the families of employees in difficulty. Employees whose household registration cannot be verified by other cities or family economic status check system shall be audited through household survey and material review; The employees registered in this city shall be verified through the family economic status check system, and the families of employees with difficulties who meet the filing conditions shall be identified in time, and reported to the Municipal Federation of Trade Unions for filing, accepting the guidance and supervision of the Municipal Federation of Trade Unions.

For families of employees with difficulties who meet the filing conditions, they should be promptly entered into the national trade union assistance management system; For families of employees with difficulties who do not meet the filing conditions, it is necessary to promptly feedback the identification results to grassroots trade unions and employees with difficulties, and return the application materials.

Chapter IV Management of Family Files of Difficult Employees

Twenty-fourth files mentioned in these Measures include paper application materials, relevant certificates and publicity materials provided by difficult workers and grass-roots trade unions, as well as electronic files in the national trade union assistance management system. The information in paper files and electronic files should be consistent.

Twenty-fifth difficult employees filing must take the family as the identification unit, adhere to one file for each household, and avoid repeated filing and statistics.

Twenty-sixth adhere to the filing system, according to the file to help, and within 30 working days after the payment of help funds, the help information will be entered into the national trade union help management system.

Twenty-seventh dynamic management of difficult files. In principle, the families of employees with difficulties should be checked once a year, and the families of employees with deep difficulties whose economic situation has improved significantly should be checked once every six months in principle. If the filing category changes and the files need to be adjusted, the families of employees with difficulties in any of the following circumstances need to be removed:

(a) the children of the aided families have graduated and found jobs because of the difficulties caused by their children's schooling;

(2) The patient has been cured or died due to illness;

(3) Other factors causing difficulties have disappeared;

(4) After the employees with deep difficulties get out of trouble, they will be gradually retired for a certain period of time, and those who meet the filing standards of employees with relative difficulties or are trapped unexpectedly will be included in the files of corresponding employees with difficulties to continue to help and prevent them from returning to difficulties.

Twenty-eighth difficult families in any of the following circumstances, difficult files should be cancelled:

(1) The declared object is dead or declared dead by the court;

(two) the termination of labor relations with the unit;

(three) has been transferred from the unit, but the new unit has not established a trade union;

(four) the implementation of social management retirement;

(five) the existence of one of the eighteenth circumstances (excluding conditions);

(six) other objects that do not meet the filing requirements.

Twenty-ninth establish and improve the file management system. Special personnel shall be arranged to be responsible for the collection, sorting, filing, storage, sharing and confidentiality of files to ensure the integrity and safety of files. The original files of employees with difficulties shall be kept from the date of extraction 10 year.

Thirtieth for unauthorized destruction, alteration, forgery, deletion of files and dereliction of duty resulting in file damage, loss, loss of confidentiality and other acts. , should be handled in accordance with the relevant provisions.

Chapter V Supplementary Provisions

Article 31 District Federation of Trade Unions, municipal trade unions and directly affiliated units may, in accordance with the provisions of these Measures and in combination with the actual situation of the region (the system), formulate measures for the management of files of employees with difficulties at the corresponding level, carry out self-financing assistance, and report to the Municipal Federation of Trade Unions for the record.

Article 32 These Measures shall be implemented as of the date of promulgation. If the relevant documents are inconsistent with these measures, these measures shall prevail.

Article 33 These Measures encourage people to take responsibility, encourage reform and innovation, and establish a fault-tolerant and error-correcting mechanism. For those who maintain public interests and complete procedures, but make mistakes due to objective reasons such as force majeure, they can be exempted from their responsibilities by urging relevant personnel to correct their mistakes, recover losses and eliminate influences.

Article 34 These Measures shall be interpreted by the Municipal Federation of Trade Unions.