Partial closure of non-ferrous metal and coal enterprises in Liaoning
Relevant minutes (National Reading [1999] No. 33, May 1, 1999)
April 1999 On March 10, Vice Premier Wu Bangguo of the State Council chaired a meeting in Liaoyang City to address issues related to partial closure or bankruptcy of nonferrous metals and coal enterprises in Liaoning Province. Responsible comrades from the Deputy Secretary-General of the State Council, the State Economic and Trade Commission, the Ministry of Finance, the Ministry of Labor and Social Security, the People's Bank of China, the National Research Office, the Coal Bureau, the Nonferrous Metals Bureau, the Ministry of Industry and the Industrial and Commercial Bank of China and Liaoning Province attended the meeting. Sheng Huaren, Minister of National Economy and Trade, Zhang Guoguang, Governor of Liaoning Province, on the implementation of "Liaoning Province and Coal Enterprises' Non-ferrous Parts Closed, Relevant Handling Opinions on Bankruptcy Issues" State Secretariat Letter No. 19 (Office [1999], hereinafter referred to as the "Opinions") Reporting and explanation of the situation.
The non-ferrous metals and some coal enterprises in Liaoning that are semi-closed or bankrupt are covered by this meeting, and it will be more difficult to focus on more employees. During the process of "opinions", the Liaoning Provincial Party Committee, the Provincial Government, the State Economic and Trade Commission and other departments have done a lot of work and achieved certain progress, but there are also some specific problems that need further study and resolution. After study, the meeting agreed to the following opinions:
1. Compensation standards for on-the-job employees (1) On July 1, 1986, the "Notice issued by the Ministry of Labor" (issued by the Ministry of Labor) [1994] No. 481) provides that after one year of working time, the unit will provide financial compensation equivalent to one month's salary for each allowance.
(2) Before the implementation of the labor contract system, employees should participate in the work of the whole people, according to the "State Council's relevant notice on the bankruptcy of state-owned enterprises in several cities, on a trial basis" (Guofa [1994] No. 59) and "Notice of the State Council on the Merger and Bankruptcy of State-owned Enterprises in Several Cities and Related Supplementary Notices on Reemployment of Pilots" (Guofa [1997] No. 10, hereinafter referred to as the "Supplementary Notice") stipulates that a one-time payment is equivalent to that of urban enterprise employees, where last year The average salary earned by moving 3 times.
Second, regarding pension issues for retirees
(1) For retirees who are in arrears with pensions, it is the responsibility of social insurance institutions in an industry to coordinate the transfer of the pension insurance industry in advance. The arrears are verified by the Ministry of Labor and Social Security and the Ministry of Finance to resolve the overall balance of the pension fund industry in the central government account, and the pension insurance arrears coordinated by the industry are transferred to local social insurance agencies responsible for resolving them. Pension gap problem for coal in the province
(2) Coordination of non-ferrous metals industries in Liaoning Province is proposed to be decentralized. In view of the fact that the proportion of coal withdrawn from pension fund companies is required by the competent authorities to be included in the cost, loss-making enterprises also have the decentralization of base coal enterprises to approve central financial subsidies for losses, and therefore, the losses of approved central financial subsidies should be used first , including the basic pension insurance fund gap; non-ferrous metal enterprises shall follow these measures. Specific measures are provided by the Ministry of Finance, the Ministry of Labor and Social Security, the Coal Bureau, and the Liaoning Provincial Development Bureau of Nonferrous Metals. If you still want to make up the difference, verify and decide with the Ministry of Finance, Labor and Social Security, and the State Council to propose a solution.
(3) The basic pension insurance and medical insurance fund sources of the enterprise within the co-ordination project of closure or bankruptcy are respectively 25% and 6% of the annual total salary of service personnel for 10 years of business calculation, and then Only half (taking into account that 50% of the workforce is required to be able to re-employ workers, approximately) is approved and allocated to social insurance institutions. In addition to coordinating project costs, in principle it will be considered, in view of the heavy burden on the closure of key coal enterprises and non-ferrous metal mines in Liaoning Province, the Ministry of Finance, Labor and Social Security, and the Liaoning Provincial Ministry of Education decentralized suppliers to the central government's industry coordinating fund balance once Provide appropriate subsidy accounts.
Third, enterprises with wage arrears issues will be dealt with in accordance with relevant laws and regulations. In principle, central government subsidies will be provided. When wages are closed and the enterprise is in arrears, the enterprise itself is not a legal entity and will be gradually resolved through legal entities; the enterprise itself is a legal entity and becomes bankrupt according to the enterprise's practices. For enterprises in greater difficulty, the central government will provide appropriate subsidies.
Four. The closure of business or bankruptcy involves the resettlement of collective workers (including mixed-work employees)
According to the provisions of the "Opinions" and in accordance with the relevant laws and regulations of the local government, the responsible person placement.
5. Whether to make the three coal mines with better efficiency together with the overall loan project bankruptcy, independent enterprises can continue to operate and be retained; to protect them from major losses and In the case of enterprise bankruptcy, the independent liquidation proceeds can be passed through the bankruptcy legal entity, which is the property of the bankrupt enterprise, to pay the staff and other expenses, and the remaining part shall be in accordance with the "Bankruptcy of Enterprises in China (Trial)" (hereinafter referred to as the "Bankruptcy Law" ”), debt.
After 6, Fushun Mining Bureau bank debt Long Mine processing issues
After closing according to the requirements of the "Opinions", the Mining Bureau of the Provincial Coal Bureau negotiated with the Industrial and Commercial Bank of China, according to The 120 million yuan was suspended by Kim Jong Il.
7. For the bankrupt enterprises of state-owned public *** facilities, the compensation is transferred to the living facilities and bankrupt enterprises that are closed or run with organized workers such as schools, hospitals, public utilities and other units. Local governments, according to companies approaching or going bankrupt last year, actually paid three-year one-time subsidies given by the central finance. The central government will not make necessary adjustments to enterprises' water, electricity, and heating bills.
The last eight people, the closure of bankrupt enterprises or the problem of project funds required for employee resettlement, such as sources
The first one with a price for the commercial land use of closed bankrupt enterprises and employee resettlement expenses Projects, asset realization settlement; insufficient central financial enterprises to approve the issuance of subsidies to losses (which, after deducting the fixed costs of coal enterprises, over three years, the index will not be recovered from other coal companies after three years), Then there are sufficient central financial subsidies. In specific operations, care should be taken to avoid the loss of subsidies for "married women and two." Other aspects of the cost burden are stipulated by the local government.
9. Problems with business operations
After the closure of a business, in order to prevent non-recourse debts from being driven by banks, the Legislative Affairs Office of the State Council, please formulate relevant regulations or measures. Businesses close as quickly as possible. Before the promulgation of regulations or measures, all enterprises shall be closed with the approval of the State Council, and all enterprises shall be subject to the "Bankruptcy Law" and "Supplementary Notice" by the competent department responsible for organizing and implementing the enterprise's application for liquidation in the judicial protection court in close proximity to the relevant provisions.