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为进一步贯彻中共福建省委、福建省人民政府《关于贯彻〈中共中央、国务院关于进一步做好下岗失业人员再就业工作的通知〉的若干意见》(闽委[2002]80号)和国家、本省有关规定,妥善处理省属国有企业改制改组中的劳动关系,切实做到规范运作,防止国有资产流失,保护职工合法权益,并为改制改组后的新企业(以下简称新企业)建立新型劳动关系创造有利条件,促进我省国有企业改革与发展目标的顺利实现,现结合我省的实际情况,就处理省属国有企业在改制改组中劳动关系有关问题提出如下意见:一、职工劳动关系处理和经济补偿金的支付形式1、国有企业改制改组为非国有法人控股的,原企业应依法与职工解除劳动关系,按规定支付经济补偿金。职工个人所得经济补偿金,可在自愿的基础上转为改制企业的等价股权(股份)或债权。对继续在改制改组后企业工作的职工,应按照平等自愿、协调一致的原则,由改制改组后企业与职工重新签订劳动合同,依法确立劳动关系,今后企业解除劳动合同时按规定应支付的经济补偿金按在改制后企业工作年限计发。2、企业改制后成为国有或国有控股的,改制时其职工安置办法应在改制协议或有关文件中确定。
In order to further implement the “Several Opinions on Carrying Out the Circular of the CPC Central Committee and the State Council on Further Re-employment of Unemployed Unemployed Workers” issued by the CPC Fujian Provincial Committee and Fujian Provincial People's Government (Min Wei [2002] No. 80) and the State, Relevant regulations, properly handle the labor relations in the restructuring and reorganization of provincial state-owned enterprises, effectively regulate the operation, prevent the loss of state-owned assets, protect the legitimate rights and interests of employees and establish a new type of labor relations for the new enterprises after the restructuring and reorganization (hereinafter referred to as “new enterprises”) Create favorable conditions for the smooth implementation of the objectives of the reform and development of state-owned enterprises in our province. In light of the actual conditions in our province, we hereby put forward the following opinions on the issues concerning the labor relations in the restructuring and reorganization of provincial state-owned enterprises: Payment form of economic compensation 1. When a state-owned enterprise is restructured to be controlled by a non-state-owned legal person, the original enterprise shall, according to law, terminate the labor relationship with the worker and pay the economic compensation according to the provisions. Economic compensation for the personal income of employees may be converted into equivalent shares (stocks) or claims of the restructured enterprises on a voluntary basis. Workers and staff members who continue to work after the restructuring and reorganization should follow the principle of equality, voluntariness and coherence. After the restructuring and reorganization, the enterprise and staff and workers re-sign the labor contract and establish the labor relationship in accordance with the law. In the future, the enterprise should pay the required economic benefits when the labor contract is terminated The compensation is calculated according to the working life of the enterprise after the restructuring. 2. After the enterprise restructuring, it becomes state-owned or state-controlled. The resettlement of employees during the restructuring should be determined in the restructuring agreement or relevant documents.