国有企业富余职工安置规定

Regulations on the Placement of Surplus Staff and Workers of State-owned Enterprises

（1993年4月20日中华人民共和国国务院令第111号发布）

(Promulgated by the State Council by Decree No. 111 on April 20, 1993)

第一条为了妥善安置国有企业富余职工,增强企业活力,提高企业经济效益,制定本规定。

Article 1. These Regulations are formulated in order properly to place the surplus staff and workers of State-owned enterprises, enhance of Enterprise vitality, and increase the economic returns of the Enterprises.

第二条安置国有企业（以下简称企业）中的富余职工,应当遵循企业自行安置为主、社会帮助安置为辅,保障富余职工基本生活的原则。

Article 2. The placement of the surplus staff and workers of State-owned enterprises (hereinafter referred to as the "Enterprises") shall principally adhere to the principles of the placements made by the Enterprises themselves, and shall also adhere to the principles of socially assisted placements, as well as to the principles of maintenance of the minimum standard of living for surplus staff and workers.

第三条企业安置富余职工应当依照本规定采取拓展多种经营、组织劳务活动、发展第三产业、综合利用资源和其他措施。

Article 3. In the placement of surplus staff and workers, the Enterprises shall, in accordance with these Regulations, explore diversified business, organize labor activities, develop the tertiary industry, and comprehensively utilize available resources and other measures.

企业行政主管部门、劳动行政主管部门和工会组织应当指导、帮助和支持企业做好富余职工安置工作,积极创造条件,培育和完善劳务市场,开辟社会安置渠道。

The administrative competent departments of the Enterprises, competent labor administrative institutions and trade unions shall guide, assist and support the Enterprises in successfully placing surplus staff and workers, and actively create conditions to cultivate and improve the labor market and open up social channels for placement.

第四条企业为安置富余职工而兴办的从事第三产业的独立核算企业,自开业之日起两年免征、三年减半征收企业所得税。

Article 4. The independent accounting enterprises engaged in the tertiary industry, which are established for the purpose of placing surplus staff and workers from the Enterprises shall be exempt from taxes for two (2) years from the date of opening their businesses, and shall be taxed half of the regular amount for another three (3) years.

第五条企业开办的劳动就业服务企业,应当承担安置本企业富余职工的任务。

Article 5. The labor employment service enterprises established by the Enterprises shall assume the task of placing the surplus staff and workers from their own Enterprises.

企业应当按照国家有关国有资产管理的规定,在资金、场地、原材料和设备等方面给予扶持。

The Enterprises shall, in accordance with the provisions of relevant State-owned assets management, give them full support with respect to capital, sites, raw materials, equipment, etc.

第六条企业组织本企业富余职工依法兴办的独立核算企业,可以承担本企业中原由外单位承包的技术改造或者劳务项目。

Article 6. The independent accounting enterprises established according to law by surplus staff and workers of their Enterprises may assume the technical renovation or labor projects of their Enterprises originally contracted by other units.

第七条企业可以对富余职工实行待岗和转业培训,培训期间的工资待遇由企业自行确定。

Article 7. The Enterprises may carry out vocational training and job change training for surplus staff and workers. Their wages during the training periods shall be determined by the Enterprises themselves.

第八条经企业职工代表大会讨论同意并报企业行政主管部门备案,企业可以对职工实行有限期的放假。

Article 8. The Enterprises may give their staff and workers a limited term leave, which shall deliberated at the congress of the representatives of the staff and workers of the Enterprises and then submitted to the competent administrative institutions of the Enterprises for documentation.

职工放假期间,由企业发给生活费。

The Enterprises shall distribute living expenses to such staff and workers during their leave period.

孕期或者哺乳期的女职工,经本人申请,企业可以给予不超过二年的假期,放假期间发给生活费。

With respect to female staff and workers who are pregnant or breast-feeding, the Enterprises may, upon application by the females themselves, grant them leaves of absence of not more than two (2) years and distribute living expenses to them during such absences.

假期内含产假的,产假期间按照国家规定发给工资。

 Wages during the puerperal period shall be paid in accordance with the regulations of the State.

第九条职工距退休年龄不到五年的,经本人申请,企业领导批准,可以退出工作岗位休养。

Article 9. If the age of staff and workers is less than five (5) years below the stipulated age for retirement, such staff and workers may, upon their own voluntary application and with the approval from Enterprise authorities, remove themselves from their posts for rest.

职工退出工作岗位休养期间,由企业发给生活费。

During such rest period, when the staff and workers have removed themselves from their posts, the Enterprises shall distribute living expenses to them.

已经实行退休费用统筹的地方,企业和退出工作岗位休养的职工应当按照有关规定缴纳基本养老保险费。

Where an overall plan for the retirement pension has been implemented, the Enterprises and the staff and workers who have removed themselves from their posts for rest shall pay the premium of the basic old-age insurance policy in accordance with relevant regulations.

职工退出工作岗位休养期间达到国家规定的退休年龄时,按照规定办理退休手续。

If staff and workers reach the age for retirement as stipulated by the State when they have removed themselves from their posts for rest, they shall handle the formalities of retirement in accordance with regulations.

第十条职工可以申请辞职。经企业批准辞职的职工,在办理辞职手续时,企业应当按照国家有关规定发给一次性生活补助费。

Article 10. Staff and workers may apply for resignation. When the staff and workers whose resignation was approved by the Enterprises complete their formalities of resignation, the Enterprises shall pay them an allowance in one lump sum in accordance with relevant regulations of the State.

第十一条按照本规定第八条、第九条规定发放的生活费在企业工资基金中列支,生活费标准由企业自主确定,

Article 11. The living expenses distributed by the Enterprises in accordance with Articles 8 and 9 of these Regulations shall be listed and paid out of the wage funds of the Enterprises. The standard for the living expenses shall be determined by the Enterprises themselves independently.

但是不得低于省、自治区、直辖市人民政府规定的最低标准。

However, such standards shall not be less than the minimum standards of living stipulated by the people's government of the provinces, autonomous regions and municipalities directly under the Central Government.

职工退出工作岗位休养期间视为工龄,与其以前的工龄合并计算。

The period when the staff and workers had removed themselves from their posts for rest shall be deemed working years, and shall be calculated together with their previous working years.

第十二条企业因生产经营发生重大变化,必须裁减职工的,对劳动合同制职工,经企业职工代表大会讨论同意,可以提前解除劳动合同,但是应当按照合同约定履行义务；

Article 12. If the Enterprises have to reduce the number of the staff and workers due to great changes in production and operation, the Enterprises may, with respect to the contractual staff and workers, upon the deliberation and agreement at the congress of the representatives of the staff and workers, terminate contracts ahead of schedule, but shall perform their liabilities as agreed upon in such contracts.

合同没有约定的,企业对被提前解除劳动合同的职工,按照其在本企业工作的年限,工龄每满一年,发给相当于本人一个月标准工资的补偿费。

If there is no such agreement in the contracts, the Enterprises shall pay the staff and workers whose contracts have been terminated ahead of schedule the compensation of their standard wage, which shall be distributed in accordance with their working years in such Enterprises, that is, the equivalence of their respective standard wage of one (1) month is paid for each working year.

第十三条各级劳动行政主管部门和企业行政主管部门应当做好富余职工的社会安置和调剂工作,鼓励和帮助富余职工组织起来就业和自谋职业。企业之间调剂职工,可以正式调动,也可以临时借调；临时借调的,借调期间的工资和福利待遇由双方企业在协议中商定。

Article 13. Various competent labor administrative institutions and the competent administrative departments of the Enterprises shall work hard at the social placement and adjustment for surplus staff and workers, and encourage and assist surplus staff and workers by organizing them to be re-employed and find new jobs on their own. The staff and workers adjusted between the Enterprises may be officially transferred, or perhaps temporarily transferred. With respect to the staff and workers who are temporarily transferred, their wages and welfare treatment during such temporary transfer period shall be decided by the agreement through consultations of relevant Enterprises.

第十四条富余职工由企业自行安置有困难到社会待业的,在待业期间,依法享受待业保险待遇。

Article 14. If surplus staff and workers search for employment in society on their own because their Enterprises have difficulties in placing them, they shall be entitled to unemployment insurance according to law during the period of waiting for employment.

劳动行政主管部门和有关行政主管部门应当创造条件,帮助职工再就业。

The competent labor administrative institutions and relevant competent administrative departments shall create conditions and assist them in finding new jobs.

第十五条企业依照本规定兴办的独立核算企业安置的职工,按照国家有关规定纳入新办企业的职工人数和经济指标的统计范围。

Article 15. The staff and workers to be placed in the independent accounting enterprises established by the Enterprises in accordance with these Regulations shall be incorporated into the numbers of the staff and workers of newly established enterprises and the statistical scope of economic indicators in accordance with relevant regulations of the State.

第十六条省、自治区、直辖市人民政府可以根据本规定制定实施办法。

Article 16. The people's government of the provinces, autonomous regions and municipalities directly under the Central Government may formulate their respective measures for implementation in light of these Regulations.

第十七条本规定由国务院劳动行政主管部门负责解释。

Article 17. The competent labor administrative institution under the State Council shall be responsible for the interpretation of these Regulations.

第十八条本规定自发布之日起施行。

Article 18. These Regulations shall be implemented as of the date of issuance.