1986.11.10
MINISTRY OF LABOUR & PERSONNEL
REGULATIONS FOR THE AUTONOMOUS RIGHT OF THE ENTERPRISES WITH
FOREIGN INVESTMENT TO EMPLOY PERSONNEL, THE WAGES AND SALARIES, AND
THE EXPENSES FOR INSURANCE AND WELFARE BENEFITS FOR STAFF MEMBERS AND
WORKERS
(Issued and Promulgated by the Ministry of Labor and Personnel on
November 10, 1986)
The following provisions are hereby formulated in order to
implement the Provisions of the State Council Regarding the
Encouragement of Foreign Investment, guarantee the right of
autonomy of Enterprises with Foreign Investment in the hiring of
personnel, and to appropriately determine the wages and insurance
and welfare expenses for staff and workers from the Chinese party:
(1) On the Right of Autonomy of Enterprises with Foreign Investment
in the Hiring of Personnel.
(a) An Enterprise with Foreign Investment may, in accordance
with its production and operation requirements, determine on
its own the organizational structure and personnel system, and,
with the assistance of the labor and personnel department in its
locality, recruit and employ staff and workers on its own through an
examination and selection process in which only the best (qualified)
are hired.
In the event that engineering and technical personnel or
operation and management personnel needed by the Enterprise with
Foreign Investment are not available in the locality, the Enterprise
with Foreign Investment may, after the labor and personnel department
in the province, autonomous region or municipality directly under
the Central Government where it is located has consulted with and
obtained the consent of the labor and personnel department in the
district concerned, recruit outside the locality.
(b) With respect to the engineering and technical personnel,
operation and management personnel and technical workers whom
Enterprises with Foreign Investment have decided to hire after
examination, the original units of which such personnel are in
employment shall actively give their support and permit their
transfer. In the event of any dispute, the labor and personnel
department in their locality shall adjudicate.
(c) Senior management personnel designated by the Chinese party to
work in Enterprises with Foreign Investment should be persons who are
well oriented in existing policies, technically competent, know how
to manage, ready to accept new challenges and who can cooperate
and work together with the Foreign Investors. The relevant
departments shall support them in their work and generally shall not
transfer them to other jobs during their term of office. In the
event that they must be transferred, the consent of the Board of
Directors s[1] [2] 下一页
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