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Report of Downsizing
(06/15/2005)

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)

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