People's Republic of China (PRC) Guofa [2002] No.82 Document Catalogue

Issued by: Ministry of Personnel, Central Organization Department, Ministry of Civil Affairs, Ministry of Finance, Ministry of Labor and Social Security, and General Political Department, dated August 2002-16.

Legal DocumentNo.: Renfa [2002] No.82 Implementation Date: August 2002-65438+June.

Ministry of Personnel * * * Central Organization Department, Ministry of Civil Affairs, Ministry of Finance, Ministry of Labor and Social Security, General Political Department

Human hair [2002] No.82

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Notice on Seriously Solving the Life Difficulties of Some Demobilized Military Cadres Working in Enterprises

Organization departments of Party committees of all provinces, autonomous regions and municipalities directly under the Central Government, departments (bureaus) of personnel, civil affairs, finance, labor and social security of people's governments, and political departments of military regions, services and arms, headquarters, Academy of Military Sciences, National Defense University, National University of Defense Technology and Armed Police Force:

Demobilized military cadres are valuable assets of the party and the country and an important force in socialist modernization. During his service, he made contributions to national defense and army building, and played an active role in socialist construction after moving to local areas. With the development of socialist market economy and the deepening of various reforms, state-owned enterprises have encountered some new contradictions in the development process, and some demobilized military cadres who have transferred to state-owned enterprises have encountered temporary difficulties in their work and life. In this regard, party committees, governments and relevant departments at all levels have taken active measures on the basis of the existing national policies. In order to further solve the difficulties of transferring enterprises from military to cadres, according to the spirit of the instructions of the CPC Central Committee and the State Council, relevant issues are hereby notified as follows:

The first is to effectively guarantee basic living.

Enterprises should do everything possible to raise funds and repay the wages owed to demobilized cadres as soon as possible. If it is really difficult to reissue it at one time, it can be completed in stages. The funds needed by bankrupt enterprises to pay off the arrears of wages shall be settled in accordance with the current bankruptcy policy; Enterprises that have closed down and stopped production and have no other income will be reissued with the funds needed for arrears of wages, and the competent units will help solve them.

Labor and social security and financial departments at all levels and enterprises should actively raise basic living security funds for laid-off workers in accordance with the principle of "three-thirds system" to ensure that the basic living expenses of demobilized cadres in enterprises are paid in full and on time during the re-employment service center, and pay social insurance premiums for them.

Demobilized enterprise cadres who meet the minimum living guarantee conditions for urban residents should all be included in the minimum living guarantee scope for local urban residents and enjoy the minimum living guarantee. The civil affairs department shall handle the relevant formalities in a timely manner, and cash the minimum living allowance to households and people. According to the policy, the disability health care payments to disabled revolutionary soldiers are not included in family income.

Second, seriously solve the problem of providing for the aged.

It is necessary to ensure that the basic pension for demobilized cadres in retired enterprises is paid in full and on time, and no new arrears may occur. It is necessary to reissue the basic pension owed to retired enterprise cadres as soon as possible. Belong to the social insurance agencies in arrears, reissued by the social insurance agencies. For enterprises that have not participated in the basic old-age insurance in arrears, or enterprises that have participated in the basic old-age insurance but are in arrears before the insurance, and enterprises outside the overall project, the enterprises are responsible for reissue, and if it is indeed difficult for enterprises to reissue funds, the competent units will help solve it.

The enterprise where the demobilized cadres work shall participate in the basic old-age insurance in accordance with the regulations and pay the basic old-age insurance premium in full and on time. For enterprises that are temporarily unable to pay fees, they may negotiate with local social insurance agencies and sign deferred payment and overdue agreements; For closed bankrupt enterprises, according to the relevant provisions, priority shall be given to paying off the basic old-age insurance premiums owed by enterprises in the income from asset realization, and the part that cannot be paid off in full shall be proposed by the social insurance agency, audited by the labor and social security department and the financial department, and written off after being reported to the local provincial people's government for approval.

When the enterprise demobilized cadres leave the re-employment service center at the expiration of the agreement, if they are older and have difficulties in re-employment, the enterprise and the demobilized cadres can negotiate to pay the basic old-age insurance premium. Those who meet the conditions for internal retirement may apply for internal retirement, and the specific measures shall be implemented in accordance with the relevant provisions of the local government.

Enterprises demobilized cadres due to illness or non-work-related injuries, identified completely lost the ability to work, meet the retirement conditions, the relevant departments should promptly handle retirement procedures for them.

Third, the implementation of basic medical security benefits.

Enterprises should take measures to participate in basic medical insurance according to regulations and pay medical insurance premiums in full and on time. Conditional enterprises can also establish supplementary medical insurance for enterprises to ensure that the medical expenses of demobilized cadres can be better solved. Some difficult enterprises can also pay social co-ordination first, and temporarily do not establish personal accounts. Demobilized cadres of enterprises can enjoy medical insurance benefits within the payment scope of the basic medical insurance pooling fund. Enterprises that have not participated in the basic medical insurance should also do a good job in reimbursement of medical expenses for demobilized military cadres. For demobilized cadres who have not been reimbursed for medical expenses due to enterprise difficulties, and demobilized cadres who still have the burden of medical expenses after reimbursement or insurance, they will be given necessary help through government support and social multi-channel financing.

Fourth, actively provide employment assistance and services.

When demobilized enterprise cadres lose their jobs, the unemployment insurance agency shall go through the relevant formalities in time, pay unemployment insurance benefits in full and on time, and provide subsidies for vocational training and job introduction in accordance with regulations to help them do a good job in vocational training and job introduction and promote their re-employment.

When an enterprise closes down or goes bankrupt, it should give priority to paying off the unemployment insurance premium owed by the enterprise in the income from asset realization in accordance with relevant regulations. The part that cannot be fully paid off shall be written off after being audited by the relevant departments and reported to the local provincial people's government for approval, so as to earnestly safeguard the rights of demobilized enterprise cadres to enjoy unemployment insurance benefits in accordance with regulations.

For a few enterprises that cannot enjoy unemployment insurance benefits in accordance with local regulations due to unpaid unemployment insurance premiums, the competent unit of the enterprise will help solve the problem.

It is necessary to give priority to the employment of demobilized cadres who have closed down, gone bankrupt or restructured enterprises as the focus of re-employment work. Before entering the legal procedure of bankruptcy liquidation, the competent department of the enterprise may adjust it to work in enterprises and other units with normal production and operation. Older people with employment difficulties will be given priority to public welfare posts invested and developed by the government. If both husband and wife are laid off and unemployed, priority should be given to one party to resettle as soon as possible.

For laid-off workers and demobilized cadres who need to be resettled due to the closure and bankruptcy of enterprises, enterprises that set up economic entities by individuals and actively absorb the employment of laid-off workers and demobilized cadres can be given support and preferential treatment according to relevant policies with the approval of local labor and social security departments.

V. Cases of solving special difficulties

For demobilized enterprise cadres with special difficulties in life, various measures such as enterprise care, pairing assistance, and temporary social relief given by civil affairs departments at or above the county level as appropriate are taken to help solve practical difficulties.

Party organizations and trade unions at all levels should organize and carry out various forms of visits and poverty alleviation activities in send warm, assist the government to do a good job in helping demobilized cadres in enterprises, and help needy old party member solve their difficulties through membership dues and other means.

Focus on helping model heroes and enterprise demobilized cadres who are disabled and suffering from serious diseases due to war. Give special care to their work and life, and give priority to medical treatment and hospitalization. Community health service institutions should establish health records for them and conduct health examination once a year, and the required expenses should be paid by the local government.

For enterprise retired cadres with low basic pensions, the adjustment of basic pensions for enterprise retirees on July 1 day, 2002 was focused on. Specific adjustment measures shall be formulated by the people's governments of relevant provinces (autonomous regions and municipalities directly under the Central Government) and implemented after being reported to the Ministry of Labor and Social Security and the Ministry of Finance for approval. After the basic pension level of enterprise retirees is raised, the people's governments of relevant provinces (autonomous regions and municipalities directly under the Central Government) may give appropriate living allowances to retired cadres who still have difficulties in life in light of local actual conditions.

Sixth, strengthen leadership and pay close attention to implementation.

It is an important responsibility of party committees and governments at all levels to solve the living difficulties of demobilized cadres in enterprises, and it is also the common obligation of the whole society. Party committees and governments at all levels should conscientiously fulfill their territorial management responsibilities and earnestly strengthen organizational leadership. All localities and departments should, in accordance with the relevant state policies and the provisions of this circular, formulate specific measures, supervise and implement them, and ensure that the living difficulties of demobilized cadres in enterprises are solved.

All relevant departments should carry out their duties and do a good job in the implementation of the work. Labor and social security departments should strengthen supervision and inspection of enterprises, urge enterprises to pay social insurance premiums in full and on time, and protect the legitimate rights and interests of demobilized cadres in enterprises. Civil affairs departments should do a good job in temporary assistance and minimum living security. The financial department should actively help raise funds, arrange budgets, increase investment, and ensure the implementation of basic old-age insurance, laid-off workers and minimum living security. The central government makes overall consideration and gives appropriate support to the central and western regions, old industrial bases with real financial difficulties, and areas where a large number of demobilized cadres of enterprises are accepted and resettled. The organization and personnel department should take the initiative to communicate and coordinate with relevant departments and assist the Party committee and government to do a good job in supervision and inspection.

The military and civilians should cooperate closely and strengthen propaganda and ideological education. It is necessary to educate employees of enterprises to fully understand the contributions made by demobilized cadres to national defense and army building, and support the party and the government in solving their practical difficulties. It is necessary to educate enterprises to transfer from military to cadres, fully realize the efforts made by the party and the government to solve the difficulties of transferring from military to cadres in enterprises when other employees in enterprises are facing the same difficulties, correctly treat the adjustment of interest relations in the reform, and further enhance their confidence in overcoming difficulties; Continue to carry forward the fine traditions of the people's army, strengthen the concepts of overall situation, organizational discipline and democracy and legal system, firmly establish the idea of "stability first", consciously abide by the law, especially keep a high degree of vigilance against the incitement of hostile forces and people with ulterior motives, and safeguard the hard-won situation of stability and unity with practical actions.

While seriously solving the difficulties in the work and life of demobilized cadres in enterprises and doing in-depth and meticulous ideological and political work, all localities and departments should further strictly abide by national laws and regulations, strictly observe organizational discipline, and never allow illegal assembly and tandem, plan and organize collective petitions, create and spread rumors, and even forbid the establishment of illegal organizations. The backbone personnel who take the lead in planning, connecting and inciting, who still do not listen to dissuasion after education, should be dealt with severely according to law.

Before the end of the year, all localities should check the implementation and write special reports.