related regulations
Urban collective ownership enterprise law main regulations
"Urban Collective Ownership Regulations" has a total of nine chapters Ten, stipulate that there are general rules, the establishment, change and termination of collective enterprises, the rights and obligations of collective enterprises, the employees and employees (representatives) conferences, the factory manager (manager), property management and gain distribution, collective enterprises and government relations, law Responsibilities and: The main provisions are:
1. The nature of urban collective ownership enterprises
urban collective ownership enterprises, according to the "Urban Enterprise Ordinance", refers to all collective owners of labor, and implements common labor. Socialist economic organizations assigned to the subject in the distribution method. It includes a variety of industries in the town, a collective ownership enterprise in various organizations.
2. Organizations of urban collective enterprises
(1) Urban collective enterprise employee (representative) conference is the power organ of collective enterprises. Statisting employees in collective enterprises are the owners of the enterprise, and exercise the power of management enterprises in accordance with the laws, regulations and collective enterprises. The collective enterprises implemented democratic management in accordance with the law, and the employee (representative) conference is the power organ of collective enterprises, and the election and dismissing enterprise management personnel, determined major issues in operation and management. The Regulations also specifically specifically, the employee (representative) conference can exercise, revise the charter; elections, dismissions, hire, dismissal factory long (manager), deputy manager (deputy manager); review the proposal submitted by the Director (Manager) , Determine the six powers of the major issues of business management.
(2) Urban collective enterprises implemented the header (manager) responsibility system. Statisting of the manufacturer (manager) responsibility system for collective enterprises, the factory manager (manager) is responsible for the business workers (representative) conferences, is the legal representative of collective enterprises, the factory manager (manager) is produced by the enterprise employee representative assembly or recruitment. Its conditions and exercise, responsibilities, and regulations have specific provisions.
The main provisions of the rural collective ownership enterprise law
"Regulations on the Country Collective Ownership Enterprise Regulations" 45, regulations, the establishment, changes and termination of the company, The owners and operators of the enterprise, the rights and obligations of the company, the management of the company, the relationship between the company and the relevant departments of the government, the main provisions, etc., which are:
1. The nature of rural collective ownership
rural collective ownership, according to the "Rural Enterprise Ordinance", refers to enterprises that are organized by the hometown of the township (including the village group). In fact, it is a company that is generally known as township collective companies, including all enterprises that have been organized by rural farmers other than agricultural production cooperatives, rural supply and marketing cooperatives and rural credit cooperatives. Rural collective ownership, according to its nature, for my country's socialist public ownership economy.
2. The owner and operator of rural collective enterprises
property property belongs to all peasant collectives in the countryside or village of the company, the farmers' conference (farmer representative meeting) or representative The collective economic organization of all peasants exercises the ownership of corporate property. Enterprises implemented contractors, lease system, or joint ventures with other ownership enterprises, the ownership of corporate property. Enterprise owners exercise decided to determine the business direction, business form, factory manager (manager) candidate or option, determine the specific distribution ratio of the company's post-tax profit in its specific allocation, and make discrete, merger, The rights of resolutions such as migration, suspension, termination, and bankruptcy, and should serve the production, supply, sales of the company, respect the obligation of enterprise self-sovereignty. Enterprises that implement contractors or leases, enterprises should take public bidding methods or recruitment, recommendations, etc. to choose or determine operators who meet the conditions for laws. Business operators are the factory manager (manager) of the company. Enterprise implementation of the factory manager (manager) responsibility system, the factory manager (manager) is fully responsible for the company, and the company will exercise the author.
3. The management of rural collective enterprises
"Country Enterprise Ordinance" has made a clear provision for the management of rural collective enterprises:
(1) democratic management. It is stipulated that enterprise employees have the right to participate in corporate democracy management, and have the right to criticize and accusation of factory director (manager) and other managers; enterprise employee (representative) conferences have the right to make comments and suggestions, review, and Supervise the manufacturer (manager) and other managers to safeguard the legitimate rights and interests of employees.
(2) labor management. In the employment system, it is necessary to sign a labor contract in accordance with the law, and the flexible employment and method shall not use child labor. Enterprises with high technical requirements should gradually form a specialized technical staff; The employee of dangerous operations must be insured to the insurance company in accordance with the state regulations, and there are conditions to implement employee social insurance with reference to relevant regulations. In the distribution system, it is stipulated that enterprises should take into account the interests of the state, collective and individual, and reasonably arrange the accumulation of accumulation and consumption. The principle of each other can be distributed everywhere, and implemented equal pay for men and women. For labor disputes in the enterprise, it may be based on the "Interim Provisions on the Treatment of Labor Disputes in State Enterprises".
(3) Financial Management. Statifying the profit after enterprises, the part left to enterprises should not be less than 60%, and the company is self-arranged, mainly used as an increase in the production and development fund, conducting technical transformation and expansion, and increase the welfare fund and reward fund; enterprise tax The part of handing over the owner of the enterprise is mainly used to support agricultural basic construction, agricultural technical services, agricultural public welfare undertakings, enterprises update transformation or development new enterprises.
Enterprise Reform
Urban collective ownership enterprises, due to a basic part of our socialist public ownership economy for a long time, in the planned economic era of promoting the rapid and healthy development of the national economy In an irreplaceable role, in the planned economy era, urban collective ownership companies pay income taxes like state-owned enterprises. The company has low, of course, the retention of enterprises is lower, and state-owned enterprises have full plan materials distribution, And the urban collective ownership enterprises can enjoy 5% of the annual production of materials distribution, the gap is quite large, and in the planned economic era, people are used to transaction with state-owned enterprises, and believe that the credibility is high, and the town collective ownership business has not been A smooth sailing, basically in the business that is not working in state business. Throughout the town collective old collective enterprise, most of them are survived by the planned economy, while more labor, physical strength. There is no too much talent advantage and the advantage of funding material. As planned economies transition to market economies, state-owned enterprises enjoy a series of preferential policies, and urban collective ownership enterprises rush to the market without any preparation, and they have nothing to wear, because they think they are in their hearts. Department, the government will not abandon them, the losses of the foreign debt, the loss, the loss of the ownership, the government will solve the coordination, so there is no talent, no technology, and no ideologies, only A road - with employees, etc., by the last step, come to today, go to decline. It is like this unclear property rights, the enterprise management structure is backward, and the interests of employees are indifferent, and lack of market competitiveness, it is subversive in the tide of market economy, so the reform of collective ownership enterprises is imperative.
First, government guidance and service is the premise of urban collective ownership companies.
The People's Republic of China Collective Ownership Regulations stipulate that the collective ownership enterprises are the collective of the labor mass, implement common labor, and distribute the socialist economic organization in the distribution method as the main body. This means that the collective business owner kids its own people's property supply and marketing. Any administrative organ and other units and individuals must not change the nature of the collective ownership, and may not interfere with the business and management of the enterprise. However, the management and employee of the collective enterprise are difficult to find and recognize the problem of solving problems due to the impact of the main objective factors, which requires the government authorities and industry departments to give full play to the service function of guided and supervision, and actively provide restructuring. Policies and legal provisions, according to the specific circumstances of different enterprises, the corresponding restructuring plans are prepared for enterprises, supervise enterprises to hold employees (representative) conferences, and guide enterprises to conduct property rights, optimize structures, improve management, and development, and actively do restructuring. The service guarantee work of the company, avoiding the behavior of major matters related to the interference of the company.
Second, evaluate assets, audit finances are the necessary programs for collective ownership companies.
For a restructured company, the corporate assets should be cleaned and evaluated after determining the basic form of enterprises. At the same time, financial information should also be acceded to adjust the accounting data of the reform enterprises, and also provide a basis and reference points for the commitment of the creditor's creditor's debt before and after the reform.
again, defining corporate property rights is the core of collective ownership.
From the perspective of enterprise, the property rights system constitutes the basis of the entire enterprise system. The property rights is not smooth, and the other relationships of enterprises are also very difficult. Therefore, the company's implementation of joint-stock transformation must be based on the reform of the property rights system as the core, clear enterprise property rights, and realize the true separation of enterprise ownership and management. The property rights of collective ownership enterprises is unclear into a large tumor that binds collective enterprises. Property rights fail to lead to poor management of management, and the enthusiasm of employees is not high, and the owner is desally. Therefore, the core issue at the time of collective enterprises must be a quantization problem to solve the asset stock, but because collective ownership companies are not only a kind of combustion, it is more combined and labor, and the collective enterprises have a long history. For existing enterprise storage assets, it is difficult to quantify, and the contradictions are prominent. The following cases should be considered in progress:
1, fully considering the interests of investors
collective enterprises generally have both national investment, and employee personal investment, After several years of development, there are collective investments, but the interests of investors should be fully reflected when defining corporate property rights.
2, fully consider the interests of major contributions to enterprises
Although the nature of collective enterprises determine the property of corporate assets, it is not considered when quantifying corporate assets The management of the company's management is the contribution of the company. It is appropriate to consider the interests of major contributions to the company, which not only fully mobilizes the enthusiasm of this part, but also reflects the respect of the value of human resources.
3, fully reflect the labor value of the worker
, people have long understood the development of the company as the result of the production data, and neglect the important role of labor. The investment income is tilted to the owner of the production information, and the labor force has not been compensated in addition to pay income, so that the production of the laborer produces enthusiasm and creativity cannot be effective. Therefore, the status status of the labor force must be determined when the collective enterprise shares should be determined. It must be recognized in the formation of labor value in the formation of enterprise assets, and quantify the form of shares, the workers have the shares, the useful use of the workers Labor and labor work time are determined. The specific implementation form of labor property rights is the employee hold system.
Consider the above situation, how to balance the relationship between the three is another key issue for quantifying enterprise stock assets. We believe that the species of the investment subject should be determined, followed by the investment of investment mains in the enterprise stock assets; for the definition of incremental assets and corporate profits, due to the particularity of collective ownership, companies, companies, and labor, The value of labor is fully reflected in collective enterprises, so labor property rights and investment property should be placed in relatively equal location.
After quantifying and dividing the shares, it provides conditions for the exit of state-owned stocks after quantifying the enterprise assets.
The establishment of a new type of labor and employee's new labor relations is the key to the successful completion of enterprises. Whether the collective enterprise restructuring is of course lifting the labor relationship with the employee, according to the Ministry of Labor "Notice on the Implementation of the Labor Contract in the Transformation of Enterprises", after the implementation of joint-stock cooperation system, employer main body If there is a change, it shall continue to perform the original labor contract with the employee after the changed employment main body. As the company restructuring causing the original labor contract, the company and the employee should change the labor contract according to law. If the employee is independent, it is independent of the change of the labor contract, which can be handled in accordance with the provisions of Article 26 (3) of the Labor Law, that is, the objective situation changes when the labor contract is entered into the labor contract, causing the labor contract not to perform, The contract can be released. Therefore, it is not necessary to relieve labor relations with the employee when the stock system is transformed, and the labor relationship should be dispelled in accordance with the law. For what changes in objective conditions, companies are often abused when applicable. We believe that the objective situation should be a major difference in companies and reform companies in the production scale and the scope of business, leading to the unacceptable to the company's employment, and cannot achieve contract purposes. Solving the social needs of employees while the enterprise restructuring is not only the social needs of stability and unity, but also the guarantee of the company's normal operation after the restructuring. Continue to perform the contract with the employee, change the labor contract, or the relief of labor should be carried out according to the prescribed procedures in accordance with the law to ensure the smooth completion of the restructuring.