The Notice From the People's Government of Nanning on the Adjustment of Economic Compensation Standard for the Staffs of Reformed State-owned Enterprises

Date:2016-09-05

People's governments of all counties and districts, all departments of the municipal government, all the administration committees, all municipal double-managed units, all municipal public institutions and enterprises:

In accordance with the current situations of Nanning's social and economic development and the requirements for deepening the reformation of state-owned enterprises, and to speed up the reformation of Nanning-based state-owned enterprises and propel the resettlement of staffs of the reformed state-owned enterprises, the People's Government of Nanning hereby decides to adjust the economic compensation standard for the staffs of reformed state-owned enterprises. The Notice is detailed as follows:

I. Scope of Application

The Economic Compensation Standard referred to in this Notice apply to the enterprises supervised and administrated by the State-owned Asset Supervision and Administration Commission of Nanning People's Government ("NNSASAC") (hereinafter referred to as "Enterprises", including those enterprises and operating public institutions and their subordinated wholly-owned or controlled enterprises at all levels directly managed by NNSASAC, and those enterprises and operating public institutions with authorizations from NNSASAC for management). The Enterprises shall apply to this economic compensation standard in the following cases if staff resettlement is required:

1. Enterprises go bankrupt or close business;

2. As referred to the reformation issues mentioned hereunder, the resettlement for those staffs whose labor contracts are terminated without further employment:

A. The whole transfer of state-owned property (share) rights;

B. The Enterprises are assimilative merged by non-public-owned enterprises;

C. The Enterprises are shut down with approval from Nanning People's Government;

3. The resettlement for the extraordinarily poor staffs with approval from Nanning People's Government;

4. Other reformation issues applicable to this Notice for the staff resettlement with approval from Nanning People's Government.

II. Economic Compensation Standards

If the average monthly salary of a staff during the last 12 months before the termination of labour contract is higher than that of those staffs under employment in non-private urban units in Nanning for the previous year, the economic compensation standard for the termination of labour contract in the current year shall comply with the economic compensation standard stipulated in the Labour Contract Law of the People's Republic of China and the relevant supporting laws and regulations. If the average monthly salary of a staff during the last 12 months before the termination of labour contract is lower than that of those staffs under employment in non-private urban units in Nanning for the previous year, the economic compensation standard for the termination of labour contract in the current year shall be the average monthly salary of those staffs under employment in non-private urban units in Nanning for the previous year, where the data are released by the relevant statistical departments of Nanning.

III. The Calculation for Economic Compensation

The calculation for economic compensation for those staff whose labour contracts are terminated shall be in compliance with the Labour Contract Law of the People's Republic of China and the relevant supporting laws and regulations.

This Notice shall become effective on the date when it is released. The Notice from the People's government of Nanning on the Adjustment of Economic Compensation Standard for the Staffs of Reformed State-owned Enterprises (Nanning-Government Release〔2007〕No.65) shall be abolished synchronously.

May 27, 2016

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