BEIJING, Jan. 10 (Xinhua)-Hong Kong Ta Kung Pao published a commentary entitled "Ten Highlights of the Labor Contract Law" on Jan. 10, saying that China’s Labor Contract Law unified enterprises and workers in the spirit of "law". "Labor Contract Law" highlights the legislative direction of "people-oriented", which is the embodiment of socialist legislative principles and a new milestone in the legal construction of labor and social security in China.

　　The original extract of the article is as follows:

　　The Labor Contract Law came into effect on January 1, 2008. This is another milestone in the legal construction of labor and social security in China since the Labor Law. This law highlights the concept of "people-oriented" and embodies the legislative direction of Socialism with Chinese characteristics.

　　The author believes that the Labor Contract Law has 10 highlights in people-oriented:

　　Highlight people-oriented

　　Highlight 1: There are new regulations on "probation period". Clearly defined the "probation period", "minimum wage level" and "not arbitrarily dismissing probationary workers", and blocked the legal loopholes in the Labor Law.

　　Highlight 2: "One sign a year" is restricted. It is stipulated that "if a fixed-term labor contract is concluded twice in a row, an open-ended labor contract should be concluded", and "when the contract is terminated, the employer should pay economic compensation to the laborer according to the standard of one month per year, with a maximum of 12 months", which limits the short-term contract of "signing once a year".

　　Highlight 3: "Labor dispatch" has laws to follow. It is stipulated that "the employing unit shall not set up a labor dispatch unit to dispatch workers to its own unit or subordinate unit" and "the labor dispatch unit shall pay monthly remuneration to the dispatched workers according to the minimum wage standard stipulated by the local people’s government during the period when they are not working", etc., to limit the phenomenon of abuse of labor dispatch by the employing unit.

　　Highlight 4: "Contract termination" should be compensated. It is stipulated that "unless the laborer is unwilling to renew the labor contract, the employer must give the employee economic compensation", and "the employer is unwilling to renew the contract and needs compensation at the expiration of the contract; The employer shall terminate the contract in violation of the law in double indemnity ". Ending the history that employers don’t have to give employees any economic compensation after the expiration of fixed contracts.

　　Highlight 5: "Arrears of wages" plus compensation. It is stipulated that "if the employer is in arrears or fails to pay the labor remuneration in full, the laborer may apply to the local people’s court for a payment order according to law, and the people’s court shall issue a payment order according to law", and "the employer shall pay additional compensation at a standard of 50% to 100% of the payable amount." This is a heavy hammer to the phenomenon of unpaid wages.

　　Highlight 6: The "written contract" must be concluded within one month. It is stipulated that "if a written labor contract has not been concluded with the employee after one year from the date of employment, in addition to paying twice the salary in accordance with the above provisions, it shall also be regarded as having concluded an open-ended labor contract with the employee". Increased the legal responsibility for not signing a written labor contract.

　　Highlight 7: "Illegal layoffs" should bear the responsibility. It is stipulated that "when retrenching personnel, priority should be given to retaining the following personnel: those who enter into fixed-term labor contracts with a longer term; Concluding an open-ended labor contract; There are no other employees in the family, and there are elderly people or minors who need to be supported. Otherwise, they will bear legal responsibility.

　　Highlight 8: "Occupational hazards" must be specified in advance. It is clearly required that "occupational hazards" and "protective measures" should be clearly stated in the labor contract.

　　Highlight 9: Prevent "useless" workers. It is stipulated that "the salary of a worker during the probation period shall not be lower than 80% of the lowest salary of the same position in the unit or the salary agreed in the labor contract, and it is emphasized that the salary during the probation period shall not be lower than the minimum wage standard where the employer is located".

　　Highlight 10: "freedom of choosing a job" liquidated damages. The labor contract can be "agreed to keep the business secrets of the employer and confidential matters related to intellectual property rights". The employer shall give economic compensation to the workers on a monthly basis during the period of non-competition. Workers who violate the non-competition agreement shall pay liquidated damages to the employer as agreed.

　　The law has also caused controversy, with three main focuses:

　　The first is "increased labor costs". Many enterprises are worried that labor costs will be greatly increased. Xin Chunying, deputy director of the NPC Law Committee, believes that "after careful calculation, the labor cost of law-abiding enterprises will not increase" and "returning the low wage level to a reasonable level will help promote industrial upgrading". The second is to "rebuild the iron rice bowl." This is also a traditional one-sided understanding, because the law also stipulates that "an enterprise can dismiss its employees". For example, in addition to the dismissal reasons such as "being investigated for criminal responsibility according to law", the contract can be terminated at any time for "the employee seriously violates labor discipline or the rules and regulations of the employer", "has a serious impact on the completion of the work tasks of the unit, or refuses to correct after being put forward by the employer". This is the legal protection of the "autonomy" of enterprises in labor and employment. The third is "whose interests should the law protect". Many business people believe that the law "favors workers and harms the interests of enterprises". Many foreign-funded institutions (such as the European Union Chamber of Commerce in China and the American Chamber of Commerce) have proposed that "the implementation of laws that excessively protect the rights and interests of workers will have a negative impact on the investment environment in China".

　　The author thinks that the one-sided understanding of the Labor Contract Law is caused by the long-term insufficient protection of workers’ rights and interests, taking unreasonable labor relations as a matter of course, or ignoring the disadvantaged groups. In essence, the law is intended to protect the legitimate rights and interests of both parties, not to harm the interests of enterprises.

　　Whether people-oriented or capital-oriented is the direction of socialist legislation. A few days ago, the research results of 24 experts and scholars, which lasted more than one year ―― The Current Situation of Employment Discrimination in China and Anti-discrimination Countermeasures ―― and Overseas Anti-employment Discrimination System and Practice came out, which is the largest and most authoritative research in the theory and practice of anti-employment discrimination in China. A total of 3,454 questionnaires in 10 major cities, including Beijing, Guangzhou, Nanjing, Wuhan, Shenyang, Xi ‘an, Chengdu, Zhengzhou, Yinchuan and Qingdao, show that the phenomenon of employment discrimination in China is serious: 85.5% think it is "discriminatory" and 50.8% think it is "very serious" and "relatively serious". Yang Jingyu, director of the NPC Law Committee, said that the new law "is the need to improve the labor legal system in China. Balancing labor relations and protecting the legitimate rights and interests of workers have always been the principle that China labor legislation must follow. ". Sun Baoshu, vice minister of the Ministry of Labor and Social Security, believes that "on the basis of respecting the employer’s autonomy in employment, it is stipulated that labor contracts must be concluded with workers" in order to "effectively protect the legitimate rights and interests of workers".

　　The author thinks that "Labor Contract Law" unifies enterprises and workers in the spirit of "law". Emphasizing the protection of the legitimate rights and interests of workers is the general principle of international labor legislation; Putting people first is the sublimation of "the guiding ideology of legislation". From the Labor Law to the Trade Union Law, from the Employment Promotion Law to the Labor Dispute Mediation and Arbitration Law … The rule of law in China’s labor system is constantly maturing. "Labor Contract Law" highlights the legislative direction of "people-oriented", which is the embodiment of socialist legislative principles and a new milestone in the legal construction of labor and social security in China. (Chen Qun)

Editor: Wang Yuxi

　　A press conference for leaders of the Central Committee of the Democratic Party and the All-China Federation of Industry and Commerce was held in the Golden Hall of the Great Hall of the People at 3pm on March 6th. Wan Exiang, Ding Zhongli, Hao Mingjin, Cai Dafeng, Chen Zhu, Wan Gang, Wu Weihua, Su Hui and Gao Yunlong, Chairman of the All-China Federation of Industry and Commerce were invited to answer questions.

　　The following is a live record:

　　Ding Zhongli:

　　Hello everyone! I will briefly introduce the China Democratic League from three angles. China Democratic League was founded in March 1941, and it has been 77 years since then. At the beginning of the establishment of the NLD, there was a purpose of "unity, democracy and resistance to Japan". Over the past 77 years, China Democratic League has stood closely with the Communist Party of China (CPC), and it should be said that it has made its due contribution to the revolution, construction and reform of China.

　　Last year, when the Central Committee of the NLD changed, Comrade Li Zhanshu delivered a congratulatory message on behalf of the Central Committee of the Communist Party of China. He gave an evaluation of the NLD’s "Three Comunists" and shared difficulties, hardships and great achievements. That is to say, during the revolutionary period, China Democratic League and the Communist Party of China (CPC) shared difficulties, shared hardships during the construction period, and shared great achievements during the reform and opening up period. He also commented that "China Democratic League is a tried and tested and close cooperative friend of the Communist Party of China (CPC)", and the comrades of the NLD were very proud of the Central Committee of the Communist Party of China’s evaluation. This is the first angle.

　　Second, the China Democratic League has more than 295,000 members so far. Of these more than 290,000 members, 75% work in education, culture, and science and technology, with a very high proportion in culture, science and technology, and education. There are 19,000 members who serve as representatives and members of people’s congresses and CPPCC at all levels, including 58 deputies to the National People’s Congress, more than 130 members of Chinese People’s Political Consultative Conference, and 51 academicians of the two academies. In addition, six predecessors of the NLD won the highest national science and technology award, so we are proud to say that the China Democratic League is full of talents.

　　Thirdly, the China Democratic League has formed its own unique tradition in the past 77 years, namely, "running the country and paying attention to people’s livelihood", and "giving ideas and finding ways to do good things and doing practical things" advocated by Mr. Fei Xiaotong. My understanding is that in the process of close cooperation with the Communist Party of China (CPC), it is also a fine tradition of the NLD, and we earnestly hope that media friends can continue to support it. Thank you.

Su Shi Jian Gui [2020] No.6

The market supervision bureaus of all districts and cities, the offices (bureaus) of the Provincial Bureau and the directly affiliated units:

The measures for the administration of credit evaluation of inspection and testing institutions in Jiangsu Province, considered and adopted at the executive meeting of the Provincial Market Supervision Bureau, are hereby printed and distributed to you, please follow them.

　

　　　　　　　　　　　　　　　　　　　　　　　　　　　Jiangsu province market supervision management bureau

　　　　　　　　　　　　　　　　　　　　　　　　　　　December 25, 2020

　

Measures for the administration of credit evaluation of inspection and testing institutions in Jiangsu Province

　

Chapter I General Principles

Article 1 In order to strengthen the supervision and management of inspection and testing institutions and the construction of credit system, standardize inspection and testing behaviors, improve the supervision level, promote the development of the industry, and better serve the high-quality development of the economy and society, According to the Administrative Measures for Accreditation of Inspection and Testing Institutions (Order No.163 of the General Administration of Quality Supervision, Inspection and Quarantine), the Implementation Opinions of the Provincial Government on Strengthening the Construction of Quality Certification System and Promoting Total Quality Management (Su Zhengfa [2018] No.125), and the Guiding Opinions of the General Office of the Provincial Government on Accelerating the Construction of Social Credit System and Building a New Credit-based Supervision Mechanism (Su Zhengfa [2020] No.10), etc.

Article 2 The term "inspection and testing institutions" as mentioned in these Measures refers to professional and technical organizations that have been established according to law and obtained the qualification certificate of inspection and testing institutions issued by Jiangsu Provincial Market Supervision Administration (hereinafter referred to as the Provincial Market Supervision Bureau).

The term "credit evaluation" as mentioned in these Measures refers to the activities of the market supervision and management department to evaluate the credit status of inspection and testing institutions relying on the inspection and testing supervision service platform of Jiangsu Province (hereinafter referred to as Su Jiantong).

Third provincial market supervision bureau unified management of the province’s inspection and testing institutions credit evaluation. Responsible for the construction of credit evaluation index system of inspection and testing institutions, the compilation and revision of credit evaluation catalogue list, the guidance and promotion of credit evaluation of inspection and testing institutions, the supervision and guidance of classification and supervision, and the joint rewards and punishments.

Market supervision and management departments at or above the county level shall be responsible for the credit evaluation of inspection and testing institutions within their respective administrative areas, and carry out classified supervision and related work according to the credit evaluation results.

Article 4 The credit evaluation of inspection and testing institutions shall follow the principles of compliance with laws and regulations, comprehensive coverage, standardization and transparency, dynamic management and effective operation.

Chapter II Construction of Credit Files

Fifth, relying on the platform of Jiangsu Inspection and Communication, and using intelligent supervision means, we will promote the informatization construction of credit supervision files of inspection and testing institutions in the province.

Article 6 The Provincial Market Supervision Bureau shall establish the credit files of inspection and testing institutions on the platform of Jiangsu Inspection and Communication, and record the credit information of inspection and testing institutions according to the list of credit information. Market supervision and management departments at all levels in the province shall, in accordance with the principle of "who produces, who collects and who is responsible", record the credit information of inspection and testing institutions in a timely, accurate, standardized and complete manner.

Article 7 The list of credit file information of inspection and testing institutions includes (not limited to) the following contents:

(1) Basic information of the institution. Information such as legal name, unified social credit code, address, main instruments and equipment and environment, main management and technical personnel, contact person, telephone number, business license (or certificate of enterprise legal person or other legal person certification documents), qualification certificate and schedule.

(2) Publicity information of online credit commitment of institutions. Support and encourage inspection and testing institutions to voluntarily fill in credit information such as qualification certificates, inspection and testing activities, contract performance, commendation and awards, social welfare, etc., and make public credit commitments on the authenticity of information, and carry out active and self-disciplined credit commitments and publicity.

(3) Administrative confirmation information. Relevant information such as the provincial product quality supervision and inspection center, the provincial industrial measurement and testing center and the provincial measurement center approved for establishment or preparation.

(four) illegal information. Information on the results of judicial judgment, administrative punishment, administrative coercion, etc.

(5) Information on performance ability. Ability verification, direct annual report, real estate and chattel mortgage registration, equity pledge registration, intellectual property pledge registration, trademark registration and other information.

(6) Other information. Commendations and awards granted by the people’s governments at or above the municipal level and their departments and organizations authorized by laws and regulations to manage public affairs; Participate in voluntary service and charitable donation activities; Participate in major epidemics, natural disaster service management, social responsibility and other information; Participate in the Yangtze River Delta integration, inspection and testing of high-tech service industry clusters and other base construction, leading the development of the industry and other information.

Chapter III Classification of Credit Evaluation Levels

Eighth provincial market supervision bureau according to the credit evaluation directory list of inspection and testing institutions to implement credit evaluation, using dynamic scoring system. The credit evaluation results of inspection and testing institutions are divided into five levels: AA, A, B, C and D from high to low.

AA level (demonstration): credit score of 90 or above;

Grade A (trust): the credit score is 80 -89;

Grade B (encouraged): the credit score is 70 -79;

Grade C (spur): the credit score is 60 -69;

Grade D (rectification): the credit score is below 60.

Article 9 The initial credit score of the inspection and testing institution is 80 when the credit evaluation is first carried out by using the platform of Jiangsu Inspection and Communication.

Chapter IV Application of Credit Evaluation Results

Article 10 The Provincial Market Supervision Bureau shall push the credit evaluation results of inspection and testing institutions in the previous year to market supervision and management departments at all levels in January every year by using the platform of Jiangsu Inspection and Communication, and publicize them in batches.

Article 11 After the inspection and testing institutions voluntarily apply for registration on the platform of Sujitong, they can inquire about the dynamic credit status and apply for credit repair according to relevant regulations.

Twelfth market supervision and management departments at all levels shall, on the basis of the credit evaluation results, supervise the inspection and testing institutions at different levels. For inspection and testing institutions with good AA and A credit status and low risk, the proportion of spot checks and the frequency of supervision should be reasonably reduced; For inspection and testing institutions with general B-level credit status, the proportion of routine spot checks and the frequency of supervision shall be implemented; For inspection and testing institutions with C and D levels of violation of laws and trust, high social concern, high risk level and many complaints and reports, increase the proportion of spot checks and the frequency of supervision, take corresponding measures and implement joint punishment.

Thirteenth in the province’s government departments at all levels to buy inspection and testing services, the credit evaluation results as an important reference, give priority to the use of credit evaluation results for A level and above inspection and testing institutions.

Fourteenth priority is given to the inspection and testing institutions whose credit evaluation results are Grade A and above to apply for compulsory product certification and designate inspection and testing institutions.

Fifteenth priority is recommended to the inspection and testing institutions whose credit evaluation results are Grade A and above to declare the quality awards at all levels in Jiangsu Province.

Sixteenth to promote mutual recognition of credit evaluation results of inspection and testing institutions in the Yangtze River Delta region.

Chapter V Supplementary Provisions

Seventeenth approach by the Jiangsu Provincial Market Supervision Administration is responsible for the interpretation of.

Article 18 These Measures shall come into force as of February 1, 2021, and the original Administrative Measures for Credit Evaluation of Inspection and Testing Institutions in Jiangsu Province (Trial) (No.1 [2017] of Jiangsu Quality Supervision Bureau) shall be abolished at the same time.

(For details, please refer to the PDF bulletin.)

Browse and download the PDF version of the bulletin:Notice of Jiangsu Provincial Market Supervision Administration on Printing and Distributing the Administrative Measures for Credit Evaluation of Inspection and Testing Institutions in Jiangsu Province (No.6 [2020] of Jiangsu Municipality). pdf