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            Current location: Home Page " Thematic column " Company staff congress column " Laws and regulations
            Regulations on democratic management of enterprises in Anhui
            Time: 2017-03-02 Author: Administrator Browse: Seven hundred and sixty-one

            Standing Committee of the Anhui Provincial People's Congress
            Public notice
            (No. twelfth)

            The regulations on the administration of democratic affairs of enterprises in Anhui have been adopted at the ninth session of the Standing Committee of the twelfth Anhui Provincial People's Congress on January 22, 2014. It is hereby promulgated and shall come into force on March 1, 2014.
              
              
            Standing Committee of the Anhui Provincial People's Congress
            January 22, 2014


              
            Regulations on democratic management of enterprises in Anhui
            (adopted at the ninth session of the Standing Committee of the twelfth Anhui Provincial People's Congress on January 22, 2014)


              
            Chapter I General Provisions

              
            Article 1 in order to promote democratic management of enterprises, safeguard the democratic rights of workers, safeguard the legitimate rights and interests of workers, build harmonious labor relations and promote the scientific development of enterprises, these Regulations are formulated in accordance with the provisions of relevant laws and administrative regulations and the actual conditions of this province.
            The second regulation applies to enterprises in the administrative region of this province.
            The "democratic management of enterprises" as mentioned in these Regulations refers to the activities of enterprises participating in the management and supervision of enterprises through staff representatives congresses, workers' meetings or other forms of democracy in accordance with the provisions of relevant laws and regulations.
            The third enterprises should establish a system of workers' Congress and an open system of enterprise affairs in accordance with the principles of legality, openness and impartiality. In establishing a board of directors and board of supervisors, a company shall also establish a system of staff directors and staff supervisors in accordance with the provisions of the company law of the People's Republic of China.
            Enterprises should respect and protect the democratic rights of workers, such as the right to know, participate, express and supervise, and provide necessary conditions and financial guarantee for workers to participate in democratic management.
            The person in charge of the enterprise shall support the staff congress and the trade union in performing their duties according to law.
            Workers should respect and support enterprises in their operation and management according to law, and participate in the democratic management of enterprises in an orderly manner.
            The fourth trade union should guide employees to love enterprises and care for the development of enterprises, organize workers to participate in democratic management in accordance with the law and safeguard the legitimate rights and interests of workers.
            The higher level trade union shall support, guide and assist the trade union organizations and workers in participating in democratic management in accordance with the law, and supervise the implementation of democratic management of enterprises.
            The fifth representatives of enterprises should promote the democratic management of enterprises and promote the scientific development of enterprises.
            The term "enterprise representatives" as mentioned in these Regulations refers to the social organizations representing enterprises in the three party mechanism of coordinating labor relations, such as enterprises' associations, associations, chambers of Commerce, etc.
            Sixth democratic management of enterprises should be carried out in accordance with the law, respecting the rights of workers to participate in democratic management, and supporting shareholders' meetings or shareholders' meetings, board of directors and board of supervisors to exercise their functions and powers according to law, so as to safeguard the legitimate rights and interests of owners, operators and laborers.
            Seventh People's governments at or above the county level, their human resources and social security departments, the competent departments of economic and information technology, state owned assets supervision and management institutions, and supervisory organs shall, in accordance with their respective responsibilities, provide services, guidance, inspection and supervision for democratic management of enterprises.
              

            The second chapter is workers' Congress.


            Section I organization
            The eighth workers' Congress is the basic form of democratic management of enterprises, and it is also an organ for workers to exercise democratic management power.
            An enterprise shall hold its first staff representative conference within one year from the date of its opening.
            Democratic centralism is practise at the staff congress.
            Ninth small and micro enterprises within a certain area below the county level or within the industry can jointly establish regional and industrial workers congress system through election representatives.
            The regional and trade unions are responsible for organizing the establishment of regional and industrial workers' Congress and acting as the working body of the regional and industrial workers' Congress.
            The tenth term of the staff congress is three to five years. The specific term of office shall be determined by the staff congress according to the actual situation.
            Where a worker's Congress needs to be changed in advance or postponed for some reason, it shall be decided by the staff congress or its authorized body.
            The eleventh workers' congress elected the presidium to preside over the meeting and handle matters related to the meeting. The members of the bureau shall be elected from the staff representatives, of whom more than half of the workers, technicians and intermediate managers should be elected. Members of the bureau should have representatives of women workers.
            The twelfth workers' Congress can set up a number of special committees (groups) to handle matters assigned by the staff congress.
            The thirteenth staff representatives form a delegation (Group) according to the electoral units and elect the Regiment (Group).
            An enterprise can set up a system of joint meetings of the employees' Congress (Group). During the adjournment of the staff congress, the joint meeting is responsible for handling important problems that need to be solved temporarily in accordance with the authorization of the staff congress, and is submitted to the next staff congress for confirmation.
            The fourteenth trade union is the working body of the workers' Congress and is responsible for the daily work of the staff congress.
            The enterprise union shall perform the following democratic management duties of the enterprise:
            (1) responsible for the preparation and organization of the conference of the workers' Congress, put forward the election plan for the staff representatives, organize the staff and workers to elect the representatives of the staff and workers, and put forward the proposal topics and the relevant plans of the workers' Congress;
            (two) supervision and inspection of the implementation of the resolutions of the workers' Congress and the handling of proposals made by the workers' Congress and the disclosure of enterprise affairs;
            (three) establish a liaison system with the staff representatives, solicit suggestions from the staff representatives, accept complaints from the staff representatives, and safeguard the legitimate rights and interests of the staff representatives.
            (four) organize staff to study laws and regulations and related business knowledge, improve the quality of workers and staff members, and encourage workers to put forward rationalization proposals on enterprise management, technological innovation, technological transformation and enterprise culture.
            Fifteenth enterprises can hold workers' meetings. The workers' Congress shall apply the provisions of the regulations on the workers' Congress.
              
            Second duties and powers
            The sixteenth workers' Congress exercises the following democratic management functions of enterprises:
            (1) to listen to reports on enterprises' development plans, annual production and operation management, labor contracts and collective contracts, enterprise safety production, enterprises' payment of social insurance premiums and housing provident fund, and put forward opinions and suggestions.
            (two) to deliberate on proposals for major issues such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, staff training, labor discipline and labor quota management, which directly relate to the vital interests of employees, or enterprise reform.
            (three) consideration and adoption of draft collective contracts and special collective contracts;
            (four) to elect or dismiss the staff directors and supervisors of the enterprises of the company system, and elect the staff representatives in the creditors' committees that are lawfully entered into the bankrupt procedure enterprises.
            (five) review and supervise the implementation of labor and social insurance laws and regulations, fulfill collective contracts and labor contracts, handle labor disputes, implement enterprise affairs open, implement resolutions of workers' Congress and handle proposals for workers' Congress.
            (six) other functions and powers prescribed by laws and regulations.
            In addition to exercising the power of democratic management of enterprises in sixteenth regulations, the seventeenth workers' Congress of state owned and state holding enterprises also exercise the following functions and powers:
            (1) to hear and consider reports on investment, guarantee, disposal of assets, large capital use, major technological transformation, financial budget and final accounts, and the use of business entertainment fees, and put forward suggestions and proposals for the use of enterprise provident fund;
            (two) consideration and adoption of wage adjustment programs, bonus distribution schemes, enterprise annuity schemes and rewards and punishments, as well as matters related to the immediate interests of employees, such as layoffs, diversions and resettlement programmes.
            (three) put forward opinions and suggestions on major issues such as merger, division, restructuring, dissolution and bankruptcy filing.
            (four) to listen to the implementation of the remuneration level, job treatment, duty consumption and business consumption, as well as the regulations of honesty and self-discipline in the management of enterprises, and to appraise and supervise senior middle-level managers of enterprises, and put forward proposals for rewards and punishments and appointment and removal.
            In addition to exercising the power of democratic management of enterprises in sixteenth and seventeenth regulations, the eighteenth workers' congresses of urban collective ownership enterprises exercise the following functions and powers:
            (1) to formulate and amend the articles of association and other important rules and regulations.
            (two) to elect, remove, employ or dismiss the person in charge of the enterprise according to law;
            (three) to consider and decide major matters such as employee welfare.
            Nineteenth regional and industrial workers' congresses listen to and consider regional and industrial enterprises' implementation of state labor and social insurance laws and regulations and other reports, and discuss the adoption of draft regional and industrial collective contracts and special collective contracts.
              
            The third session system
            The twentieth workers' Congress meets at least once a year. More than 2/3 of the staff representatives should be present at each meeting.
            In case of major issues, temporary meetings may be convened by more than 1/3 staff representatives, enterprise unions or enterprises.
            The topic of the twenty-first staff congress can be put forward by the enterprise union after widely collecting workers' opinions. It can also be put forward by the enterprise and determined by the consultation between the trade union and the enterprise. The content of the agenda should belong to the terms of reference of the staff congress.
            The draft of the conference on the convening of the workers' Congress shall be delivered to the staff representatives in written form before the seven working days of the meeting, and shall be announced to the staff and workers.
            The twenty-second election of workers' Congress and the adoption of important matters by voting shall be determined by secret ballot. The election and voting matters are valid by a majority of the representatives of all staff representatives.
            The election results adopted by the workers' Congress shall be announced on the spot.
            The resolutions and important matters adopted by the workers' Congress shall be written and published within seven working days.
            The resolutions and matters considered and approved by the twenty-third workers' Congress according to law within their terms of reference shall not be altered or revoked without the consent of the staff congress.
            The workers' Congress should respect and support shareholders' meeting or shareholders' meeting, board of directors and board of supervisors in exercising their functions and powers in accordance with the provisions of laws and regulations and the articles of association of the company.
              
            The fourth quarter staff representatives
            The twenty-fourth staff representatives shall be elected units by teams, departments, etc., and shall be directly and democratically elected by the workers. The staff representatives of enterprises with large scale and management levels may set up electoral units in accordance with branches, branches, workshops, district teams and other branches.
            Conditional enterprises can try out the election system for staff representatives.
            Election and removal of workers' representatives shall be held by all staff meetings of the electoral units. More than 2/3 workers should attend the meeting. The decision to elect or remove the staff representatives shall be effective if the majority of the workers and staff members of the unit are elected.
            Twenty-fifth article An enterprise that has one hundred employees or staff members usually holds a staff meeting; the number of deputies to the workers' Congress shall not be less than thirty; the number of representatives of one hundred or more workers who are dissatisfied with one thousand persons shall be thirty; the number of workers shall be increased by one hundred; the number of Representatives increased by ten; and the number of representatives of one thousand or more workers who are dissatisfied with five thousand persons shall be one hundred and twenty. The number of employees increased by one thousand per person and the number of Representatives increased by thirty-five. The number of representatives of five thousand or more employees should not be less than two hundred and sixty. The number of staff representatives should be singular.
            Where the number of staff and workers has changed significantly during the expiry of the staff and workers' Congress, the number of deputies should be increased or reduced according to the provisions of the preceding paragraph.
            In the twenty-sixth staff representatives, the intermediate senior managers in the enterprises generally do not exceed twenty percent of the total number of Representatives.
            The ratio of the representatives of the female workers' representatives, the disabled workers' representatives of the disabled enterprises and the dispatched workers in the labor dispatching enterprises is not less than that of the female workers, the disabled workers and the dispatched workers in the total amount of their employees.
            The number of deputies to the regional and industrial workers' Congress shall be allocated to the enterprises according to the appropriate proportion of the number of employees. Every enterprise should have at least two staff representatives.
            The twenty-seventh permanent representatives of the staff and workers are permanent. The term of office is the same as that of the workers' Congress. They can be re elected.
            When the staff representatives are vacant, they shall make a timely election by the original electoral units according to the prescribed conditions and procedures.
            The twenty-eighth staff representatives perform their duties and are protected by law. No organization or individual is allowed to obstruct and retaliate.
            An enterprise shall not deduct, reduce its wages and benefits, perform its duties or remove its duties or rank, unilaterally modify or terminate its labor contract because the staff representatives perform their duties.
            The deputies to the workers' representatives who terminate or terminate their labor relations according to law shall automatically terminate their deputies.
            The twenty-ninth staff representatives have the following rights:
            (1) the right to vote, the right to be elected and the right to vote;
            (two) to participate in the democratic management activities organized by the staff congress and its working bodies, and to have the right to know, the right to suggest and supervise the matters related to the rights and interests of employees.
            (three) to supervise and inspect the implementation of resolutions and proposals implemented by the workers' Congress through trade union organizations during the session of the staff representatives' Congress.
            (four) other rights stipulated by laws and regulations.
            The thirtieth staff representatives shall perform the following obligations:
            (1) abide by laws and regulations, abide by the rules and regulations of enterprises, fulfill their duties, care and support the development of enterprises, and actively participate in the democratic management of enterprises.
            (two) to listen to the rationalization proposals and the opinions and requirements concerning the immediate interests of the employees, and objectively and truthfully reflect them to the enterprises.
            (three) to participate in the activities organized by the staff representatives' Congress and implement the resolutions adopted by the staff representatives' Congress to complete the matters assigned by the workers' Congress.
            (four) report to the staff members of this election unit to participate in the activities of the staff congress and perform their duties and accept the appraisal and supervision of the staff;
            (five) no business secrets and confidential matters related to intellectual property rights shall be divulged.
            (six) other obligations stipulated by laws and regulations.
              

            The third chapter is the disclosure of business affairs.


            The thirty-first enterprises should implement an open system of business affairs. Qualified enterprises can set up an open and democratic management system for business affairs and promote standardization.
            The thirty-second principal person in charge of a company is the person responsible for carrying out the publicity of enterprise affairs. The enterprise shall determine the corresponding institution or special person to be responsible for the daily affairs of the enterprise affairs.
            The thirty-third enterprises should abide by the principles of legality, timely and reality, and safeguard the rights and interests of workers and enterprises.
            The thirty-fourth articles, sixteenth, seventeenth, eighteenth, and other important matters should be made public in time.
            In addition to state secrets, business secrets and confidential matters related to intellectual property rights, other enterprises can independently decide to disclose to employees.
            The thirty-fifth workers' Congress is the main way to disclose business affairs.
            During the session of the staff congress, it can be made public through enterprise business public columns, enterprise briefing, joint meetings, and internal newspapers, periodicals, newspaper, radio, television, Internet and mobile phone messages.
            The disclosure of enterprise affairs should be carried out at different levels. In addition to being open at the enterprise level, it should also be carried out in branch offices, branch offices, workshops, district teams and teams.
            The thirty-sixth enterprises should listen to and understand the opinions of employees on the affairs of enterprises in a timely manner. They will give answers or explanations within thirty days for the important opinions and suggestions put forward by workers. If they need rectification, they should take measures to rectify them and make them public within thirty days.
              

            The fourth chapter is directors and supervisors of staff and workers.


            The thirty-seventh staff directors and staff supervisors are democratically elected by the staff and workers of the company through the staff congress, the staff meeting or other forms.
            The staff directors and staff supervisors candidates are elected by the directors of the trade union and other workers. The senior management of a company shall not be a candidate for staff directors or supervisors.
            The thirty-eighth staff directors and staff supervisors shall listen to the opinions of the staff, reflect the wishes of the staff, report to the workers' Congress, accept the supervision of the staff and workers, and enjoy the same rights and perform corresponding duties with other directors and supervisors of the company.
            The thirty-ninth company shall support staff directors and supervisors to carry out work in accordance with laws, regulations and articles of association, so as to provide necessary working conditions for staff directors and supervisors to perform their duties.
            A company shall not detain its employees or directors or supervisors for their duties, reduce their wages and benefits, mobilize their jobs or remove their posts, reduce their ranks, and unilaterally modify or terminate their labor contracts.
            The fortieth staff directors and staff supervisors do not perform their duties. After more than 1/3 representatives of workers and staff jointly propose, the majority of the representatives of the workers' Congress can be removed and submitted to the higher level trade union for record. Unless otherwise stipulated by laws and regulations.
              

            The fifth chapter is supervision and inspection.

            The forty-first departments of human resources and social security of the people's governments at or above the county level shall incorporate the democratic management of enterprises into the contents of labor security supervision, and include them in the trustworthiness archives of labor security and law-abiding enterprises. Those who interfere with the activities of democratic management of employees and infringe on the rights of democratic management of employees shall be investigated and dealt with according to legal procedures in a timely manner, and the results of investigation and treatment shall be disclosed to the public in accordance with the law.
            Forty-second article The local federation of trade unions at or above the county level shall strengthen supervision and inspection of the democratic management of enterprises, issue a rectification opinion on the violation of the workers' democratic management rights by the enterprises, and issue a rectification proposal for the labor law supervision of the trade union, requiring the enterprise to make corrections within a prescribed time limit. The human resources and social security departments should promptly investigate and handle the results and notify the local federation of trade unions.
            When a local federation of trade unions at or above the county level supervises the implementation of democratic management in accordance with the law, the enterprise shall provide relevant information and instructions truthfully.
            The forty-third selection of enterprises and business operators involved in production, operation and management, and other honorary titles, should be the implementation of democratic management of enterprises as one of the basis for selection.
            In the event of disputes between the forty-fourth trade unions and enterprises due to democratic management matters, the two sides should resolve them through consultation. If the consultation fails, it will be submitted to the human resources and social security departments in conjunction with the local federation of trade unions at the same level and the representatives of the enterprises.
            The three party coordination meeting system established by forty-fifth human resources and social security departments at the county level or above, together with the local federation of trade unions and enterprises representatives at the same level, will study the important issues related to democratic management of enterprises and resolve major issues through consultation.
              

            The sixth chapter is legal liability.

            Article forty-sixth if an enterprise violates the provisions of this regulation, it shall have the right to put forward opinions to the enterprise, and the enterprise shall make corrections in time. If it refuses to correct, the human resources and Social Security Department of the people's government at or above the county level shall include the enterprise in the law-abiding trustworthiness archives of the enterprise labor security, and publish it regularly to the public.
            (1) no democratic management system has been established in accordance with the law, such as workers' Congress, business affairs disclosure, staff directors and staff supervisors.
            (two) not convening or failing to convene workers' Congress in accordance with the provisions;
            (three) the matter shall be submitted to the workers' Congress for deliberation, adoption, decision and election.
            (four) matters that should be disclosed shall not be open or false.
            (five) failure to implement resolutions and decisions made by the staff congress in accordance with the law;
            (six) other acts that violate the provisions of these regulations.
            Forty-seventh article In violation of the provisions of the twenty-eighth, second, and thirty-ninth article second of this regulation, the enterprise shall, in accordance with the provisions of article forty-eighth of the Anhui provincial collective contract regulations, deduct, reduce its wages and benefits, mobilize its work posts, remove its duties, reduce its rank, or dissolve its labor in conformity with the responsibilities of staff representatives, staff directors and staff supervisors.
            Forty-eighth directors and supervisors of workers and staff members who violate the decisions and decisions of the workers' Congress and impair the democratic rights and interests of the employees shall be criticized and educated by the trade unions of the enterprises in which they are located. If the economic losses are caused, they shall be liable for compensation in accordance with the law. An enterprise trade union may bring the staff representative congress to remove its duties in accordance with the law.
            The forty-ninth violation of the provisions of this Ordinance, violence, threats or other means to interfere with the exercise of democratic management rights of workers, the relevant organs shall be investigated for legal liability according to law.
            Fiftieth government departments and their staff who violate the provisions of this regulation, neglect their duties, abuse their power and engage in malpractices for selfish ends shall be dealt with by the relevant organs according to law.
            Fifty-first trade union staff members who do not perform their duties in accordance with the provisions of this regulation and damage the legitimate rights and interests of enterprises and workers shall be ordered by the same level trade unions or higher level trade unions to make corrections and may be punished. If losses are caused, they shall be liable for compensation according to law; the elected trade union workers may be removed according to the regulations of the Chinese trade union.
              

            The seventh chapter is supplementary provisions.

            Fifty-second the public institutions and private non enterprise units in the administrative region of the province shall practise democratic management in accordance with the provisions of this Ordinance, except those which are administered by the civil servant law of the People's Republic of China and those with public affairs management functions authorized by laws and regulations.
            The fifty-third regulations shall come into force on March 1, 2014.

            
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