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Execution authority: 1) The following enterprises shall submit the
application to the municipal authority for labor and social security:
1) The enterprises operated in Shanghai and owned or run by joint investment
or cooperation with foreign parties by Shanghai municipal government, central
government or the government of other Chinese place;
2) Exclusively foreign-owned enterprises with over 10 million dollars
investment or registered at Hongqiao, Minhang or Caohejing Development Zone.
(2) The enterprise registered at Pudong New District, regardless of any type,
shall submit the application to the authority for labor and social security of
Pudong New District.
(3) The enterprises owned by district/county government or other enterprises
other than above ones shall submit the application to the local district/county
authority for labor and social security.
Application procedure: (1) Copy of "Business License of Legal Person of
Enterprise (Duplicate Copy)" and "Qualification Certificate of Legal Person of
Labor Union" (or copy of "Legal Person Certificate of Governmental Institution"
for the governmental institution with enterprise-mode management). Statement of
public vote of employees' representatives, for the enterprise without labor
union.
(2) Personal information of the negotiation representative on behalf of the
organization and labor union or employees respectively, including name,
position, ID card number and validity term of employment contract.
(3) The basic content of negotiation of downsizing between two parties,
including reasons for downsizing, remedy measures determined through negotiation
with the representative of labor union or employees, the follow-up of
implementation of remedy measures and capital preparation for economic
compensation for downsizing.
(4) Downsizing program and the written agreement signed by the chief
representatives of both parties and affixed with seals of both parties through
negotiation.
The enterprise that adopts the employees' (employee representatives')
conference system as per "Regulations on Employee representatives' Conference in
State-owned Industrial Enterprises" shall submit the decision of downsizing made
by the employees' (employee representatives') conference by law.
(5) The organization and the labor union (employees' representative) or
employees' (employee representatives') conference shall fill in the "Report of
Downsizing of Employer Organization" (as the attachment) respectively.
Execution procedure: The authority for labor and social security shall
registered the report of downsizing upon completion of documents and issue the
receipt. The acceptance authority shall keep the submitted documents on file.
Attachment of acceptance "Report of Downsizing of Employer
Organization"
Name of organization Ownership Current number of employees Superintendent
system Phone of organization (liaison) Address Postcode Number of the
unemployed, in which there are male employees and female employees,
accounting for % of the total employees Condition of payment of
social insurance premium by the organization Date of accomplishment of
downsizing Estimation of economic compensation per capital Total sum of
economic compensation available Reasons for downsizing: Signature of
representative of organization Seal of organization Date Comment of
representative of labor union or employees on downsizing: Signature of
representative of labor union or employees Seal of labor union Date Comment
of employees' (employee representatives') conference on downsizing: (this box
shall be filled by the enterprise with employees' (employee representatives')
conference system) Signature of representative of organization Signature of
chairman of labor union (employees' representative) Seal of enterprise Seal of
labor union Date
Standard and basis of charge: Submitted to: Execution address:
audituser £º Basis of execution: 1. "Labor Law of the People's Republic
of China", No. 28 President Decree, issued on July 5, 1994.
2. "Regulations of Shanghai on Employment Contracts", No. 58 Proclamation of
Standing Committee of Shanghai People's Congress, issued on November 15, 2001
3. "Notification on Report of Downsizing of Employer Organization by Law"
(No. HULAOBAOGUANFA [2002] 14)
Contact phone: Website: Duration of service: Time limit:
Applicant's qualification: |