This year, the Ministry of Human Resources and Social Security and relevant departments have introduced and revised laws and regulations closely related to enterprises and individuals, HR value network has compiled the following notices and regulations for your reference, I hope to help you work, let us understand together, and welcome everyone to share!
Circular of the General Office of the Ministry of Human Resources and Social Security and other six departments on the issuance of the "Special Labor Protection System for Female Employees in the Workplace (Reference Text)" and the "System for Eliminating Sexual Harassment in the Workplace (Reference Text)".
The Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the All-China Federation of Trade Unions, the China Enterprise Confederation, the China Entrepreneurs Association, and the Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the All-China Federation of Trade Unions, the China Enterprise Confederation, the China Entrepreneurs Association, and the Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the China Enterprise Confederation, the China Entrepreneurs Association, and the Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the China Enterprise Confederation, the China Enterprise Association, and the Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the China Enterprise Confederation, the China Enterprise Confederation, the China Enterprise Association, and the Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the China Enterprise In accordance with the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Women's Rights and Interests, the Special Provisions on the Labor Protection of Female Employees, the Provisions on Health Care for Female Employees, and other laws and regulations, as well as relevant policies and regulations, the All-China Federation of Industry and Commerce has formulated the Special Labor Protection System for Female Employees in the Workplace (Reference Text) and the System for Eliminating Sexual Harassment in the Workplace (Reference Text).
Circular of the Ministry of Human Resources and Social Security, the Ministry of Finance and the State Administration of Taxation on Issues Concerning the Phased Reduction of Unemployment Insurance and Work-related Injury Insurance Rates.
In order to further reduce the burden on enterprises, enhance the vitality of enterprises, and promote employment stability, with the consent of the Ministry of Human Resources and Social Security, the Ministry of Finance and the State Administration of Taxation, the notice of the Ministry of Human Resources and Social Security and the State Administration of Taxation on issues related to the phased reduction of unemployment insurance and work-related injury insurance rates.
The Notice clarifies that from May 1, 2023, the policy of reducing unemployment insurance premiums to 1% in stages will continue to be implemented, and the implementation period will be extended to the end of 2024. Within the administrative area of the province (autonomous region, municipality), the rate of units and individuals shall be uniform, and the individual rate shall not exceed the unit rate.
From May 1, 2023, in accordance with the relevant implementation conditions of the Notice of the General Office on Printing and Distributing the Comprehensive Plan for Reducing Social Insurance Premiums (Guo Ban Fa 2019 No. 13), the policy of reducing work-related injury insurance premiums in stages will continue to be implemented, and the implementation period will be extended to the end of 2024.
Circular of the Ministry of Human Resources and Social Security and the Ministry of Finance on Doing a Good Job in the Management of Allowances, Subsidies and Welfare for State-owned Enterprises.
Recently, the Organization Department and the Ministry of Human Resources and Social Security issued the "Regulations on the Assessment of Staff of Public Institutions" (hereinafter referred to as the "Assessment Regulations"), which is divided into 8 chapters with a total of 50 articles, and the first chapter of the General Provisions stipulates the purpose and basis of the assessment, the scope of application, the guiding ideology and principles, and the assessment methodThe second chapter of the assessment content, based on job responsibilities and work tasks, clarifies the assessment content;Chapters 3 to 5 are divided into special chapters to standardize various assessment methods in combination with the characteristics of annual assessment, employment period assessment, usual assessment and special assessmentChapter 6 The use of assessment results combines the assessment results with selection and appointment, training and education, management and supervision, incentives and constraints, and accountabilityChapter VII related matters, mainly for special circumstances personnel to participate in the assessment;Chapter VIII Supplementary Provisions stipulate the scope of enforcement, authorization, interpretation, effective time, etc.
Circular of the General Office of the Ministry of Human Resources and Social Security and other six departments on the issuance of the "Elimination of Child Labor in the Workplace and Strengthening the Special Labor Protection System for Juvenile Workers in the Workplace (Reference Text)".
In order to guide employers to improve the elimination of child labor in the workplace and strengthen the special labor protection system for juvenile workers in the workplace, effectively safeguard the legitimate rights and interests of minors, and build harmonious and stable labor relations, the Ministry of Human Resources and Social Security, the National Health Commission, the Office of the Working Committee on Women and Children, the All-China Federation of Trade Unions, the China Enterprise Confederation, the China Entrepreneurs Association, and the All-China Federation of Industry and Commerce prohibit the use of child labor in accordance with the Labor Law of the People's Republic of China and the Protection of Minors of the People's Republic of China. Provisions on the Special Protection of Juvenile Workers" and other laws and regulations and relevant policies, and formulated the "Elimination of Child Labor in the Workplace and Strengthening the Special Labor Protection System for Juvenile Workers in the Workplace (Reference Text)". It is hereby issued to you for reference when guiding employers to formulate and improve relevant rules and regulations or to sign labor contracts with juvenile workers.
Notice of the Ministry of Human Resources and Social Security and other three departments on the continuation of the implementation of the one-time job expansion subsidy policy.
In order to thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, implement the decision-making and deployment on promoting the employment of young people such as college graduates, give full play to the role of unemployment insurance in helping enterprises expand jobs, and encourage enterprises to actively absorb college students and other youth employment, with the consent of the Ministry of Human Resources and Social Security, the Ministry of Education and the Ministry of Finance on the continuation of the implementation of the one-time job expansion subsidy policy.
The notice stipulates that enterprises that recruit 2023 and unemployed college graduates who have not been employed within two years of leaving school, and young people aged 16-24 who are registered as unemployed, sign labor contracts and pay unemployment, work-related injury and employee pension insurance premiums for them for more than one month can issue a one-time subsidy for job expansion according to the standard of no more than 1,500 yuan for each person recruited. The policy will be implemented until the end of December 2023.
The employment insurance information and identity of one of the above-mentioned persons can only be used by one enterprise to enjoy a one-time job expansion subsidy, and cannot be used repeatedly. The one-time job expansion subsidy and one-time employment absorption subsidy policies cannot be enjoyed repeatedly. All localities shall not exceed the existing policy provisions to raise the threshold for enjoying the policy and increase the restrictions, so that enterprises that recruit the above-mentioned personnel and meet the relevant conditions can enjoy the policy dividends as much as possible.
Notice of the Ministry of Human Resources and Social Security and the Supreme People's Court on Jointly Releasing the Third Batch of Typical Cases of Labor and Personnel Disputes.
In order to thoroughly study Xi, publicize and implement the important deployment of the 20th National Congress of the Communist Party of China on supporting and standardizing the development of new forms of employment, strengthening the protection of the rights and interests of workers in flexible employment and new forms of employment, and promote the implementation of the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Workers in New Forms of Employment" (Ministry of Human Resources and Social Security No. 56 of 2021), and fully realize the mutual promotion of the benign development of the platform economy and the protection of workers' rights and interests, the Ministry of Human Resources and Social Security and the Supreme People's Court jointly released the third batch of typical cases of labor and personnel disputes. The people's courts are to refer to this in case handling.
The Ministry of Human Resources and Social Security released the 2022 enterprise salary survey information.
On June 25, the Ministry of Human Resources and Social Security released the 2022 enterprise salary survey information, announcing the salary prices of employees in enterprises with different occupations. Wage price data of employees in enterprises with different job levels.
The so-called wage price refers to the wage level of employees in the reporting period, including basic salary, bonuses, allowances and subsidies, overtime wages and wages paid under special circumstances. To a certain extent, it reflects the ** level of the labor market.
Quantile values are data that is sorted from lowest to highest and is in the corresponding percentage position in the series. It indicates that there is a proportion of data that is lower than or equal to that value. It is generally divided into low (10th percentile), lower quartile (25th percentile), median (50th percentile), upper quartile (75th percentile), and high (90th percentile).
Notice of the General Office of the Ministry of Human Resources and Social Disabilities and other six departments on the issuance of the "Special Labor Protection System for Female Employees in the Workplace (Reference Text)" and the "System for Eliminating Sexual Harassment in the Workplace (Reference Text)".
The Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the All-China Federation of Trade Unions, the China Enterprise Confederation, the China Entrepreneurs Association, and the Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the All-China Federation of Trade Unions, the China Enterprise Confederation, the China Entrepreneurs Association, and the Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the China Enterprise Confederation, the China Entrepreneurs Association, and the Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the China Enterprise Confederation, the China Enterprise Association, and the Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the China Enterprise Confederation, the China Enterprise Confederation, the China Enterprise Association, and the Ministry of Human Resources and Social Security, the National Health Commission, the Supreme People's Procuratorate, the China Enterprise In accordance with the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Women's Rights and Interests, the Special Provisions on the Labor Protection of Female Employees, the Provisions on Health Care for Female Employees, and other laws and regulations, as well as relevant policies and regulations, the All-China Federation of Industry and Commerce has formulated the Special Labor Protection System for Female Employees in the Workplace (Reference Text) and the System for Eliminating Sexual Harassment in the Workplace (Reference Text).
Notice of the General Office of the Ministry of Human Resources and Social Security on Printing and Distributing the Administrative Regulations for Professional and Technical Personnel Vocational Qualification Certificates (for Trial Implementation).
Recently, the General Office of the Ministry of Human Resources and Social Security issued a notice on the issuance of the "Administrative Rules for the Management of Professional and Technical Personnel Vocational Qualification Certificates (Trial)", which stipulates that these regulations will come into force on June 15, 2023. Notice of the General Office of the Ministry of Personnel on Issues Concerning the Issuance of Professional and Technical Qualification Certificates (Ren Ban Zhi No. 3, 1990), Notice of the General Office of the Ministry of Personnel on Issues Concerning the Issuance of Professional and Technical Qualification Certificates (Ren Ban Zhi No. 2), Notice of the Professional and Technical Personnel Title Department of the Ministry of Personnel on Issues Concerning the Issuance of Professional and Technical Qualification Certificates (Ren Zhi Si Han 1995 No. 7), Notice of the Ministry of Personnel on Strengthening the Management of Certificates in the Evaluation and Examination of Professional Titles (Ren Fa 1996 No. 72), The notice of the General Office of the Ministry of Personnel on issues related to the replacement and reissuance of professional and technical qualification certificates (Ren Ban Fa No. 1997 No. 85) and the notice of the General Office of the Ministry of Personnel on conscientiously doing a good job in the issuance of professional and technical personnel qualification certificates (Ren Ban Fa No. 1998 No. 40) shall be repealed at the same time.
The Ministry of Human Resources and Social Security and other four departments have carried out the construction of grassroots labor and personnel dispute mediation organizations.
A few days ago, the General Office of the Ministry of Human Resources and Social Security, the All-China Federation of Trade Unions, the All-China Federation of Industry and Commerce, and the General Office (Office) of the China Enterprise Confederation jointly issued the "Notice on Carrying out the Construction of Grassroots Labor and Personnel Dispute Mediation Organizations" (Human Resources and Social Security Office Fa 2023 No. 36, hereinafter referred to as the "Notice"). Guided by the thought of socialism with Chinese characteristics in the new era, the notice thoroughly implements the spirit of the 20th National Congress of the Communist Party of China, adheres to the non-litigation dispute resolution mechanism in the forefront, adheres to and develops the "Fengqiao experience" in the new era, continues to strengthen the construction of grassroots labor and personnel dispute mediation organizations, improves the efficiency of grassroots labor and personnel dispute negotiation and mediation, resolves more disputes at the grassroots level and in the bud, and more effectively promotes the development of enterprises and protects the legitimate rights and interests of workers.
The notice proposes that by the end of 2025, enterprises above designated size will widely set up labor dispute mediation committees, industry chambers of commerce (associations) will widely set up chambers of commerce (associations) mediation organizations, qualified labor and personnel dispute arbitration courts at the city and county levels will generally set up mediation centers, and towns (streets) in areas prone to disputes will generally set up substantive mediation centers, and the number of labor and personnel dispute cases resolved through negotiation and mediation will account for a significant increase in the proportion of the total number of dispute cases.
The notice emphasizes that the construction of enterprise labor dispute mediation committees, township (street) mediation centers, arbitration court mediation centers, and chambers of commerce (associations) mediation organizations should be strengthenedAll kinds of mediation organizations should strengthen prevention, strengthen consultation, and do a good job in mediation, especially in view of the characteristics of small and micro enterprises that are prone to labor disputes and weak internal resolution capabilities, and propose to establish corresponding labor dispute negotiation and mediation mechanismsStrengthen work security, strengthen standardization, intelligent construction and other solid basic safeguard measures.
The notice also puts forward requirements for the implementation of the work, making it clear that human resources and social security at all levels, trade unions, federations of industry and commerce and enterprise federations should improve their political positions, strengthen departmental coordination, strengthen progress tracking and research and supervision, and continuously improve the people's satisfaction with the negotiation and mediation of labor and personnel disputes.
The Ministry of Human Resources and Social Security has strengthened human resources and social security support measures to help the development and growth of the private economy.
Recently, the Ministry of Human Resources and Social Security issued the "Notice on Strengthening Human Resources and Social Security Support Measures to Help the Development and Growth of the Private Economy", and launched a series of policy measures to promote the private economy to become bigger, better and stronger, and actively promote the high-quality development of the private economy.
The notice emphasizes that the supply of technical and skilled talents in private enterprises should be expanded, and the training of skilled talents should be strengthened by deepening school-enterprise cooperation, building a training base for high-skilled talents, and setting up a skill master studio, and the establishment of a "green channel" or "through train" for professional title evaluation, so as to smooth the talent evaluation channels and improve the talent incentive mechanism. Optimize employment and entrepreneurship services for private enterprises, comprehensively use various enterprise-related support policies, support private enterprises to stabilize and expand their posts, strengthen public employment services for private enterprises, build an innovation and entrepreneurship service platform for small and medium-sized enterprises, and support the entrepreneurial development of private enterprises. Promote the construction of harmonious labor relations, improve the tripartite mechanism for coordinating labor relations, strengthen the negotiation and mediation of labor disputes in private enterprises, and optimize labor security supervision services. We will increase the support of social insurance to benefit enterprises, continue to implement policies such as reducing unemployment insurance and work-related injury insurance rates in stages, organize and carry out pilot projects for occupational injury protection for employees in new forms of employment, and give full play to the role of work-related injury insurance in reducing risks.
The notice requires that human resources and social security departments at all levels should establish a communication and exchange mechanism for private enterprises to serve on a regular basis, and promote the implementation of various policy measures to promote the development and growth of the private economy. It is necessary to facilitate enterprise-related services, continuously optimize the handling service process, and deepen the integrated reform of "one thing" related to enterprises. It is necessary to connect public services and promote the rational flow and effective allocation of various human resources to private enterprises.
The Organization Department of the CPC Central Committee and the Ministry of Human Resources and Social Security issued the "Regulations on the Punishment of Personnel of Public Institutions".
Recently, the Organization Department and the Ministry of Human Resources and Social Security issued the revised "Provisions on the Punishment of Staff of Public Institutions" (hereinafter referred to as the "Regulations"), which stipulates the basic principles of the punishment of staff of public institutions, the types and applications of sanctions, violations of rules and disciplines and laws and their applicable sanctions, the authority and procedures of sanctions, review and appeals, etc., in order to further tighten the discipline and rules of public institutions, standardize the behavior of staff of public institutions, Ensuring that public institutions and their staff perform their duties in accordance with the law provides institutional safeguards.
Guided by the thought of socialism with Chinese characteristics in the new era, the "Regulations" implement the requirements of comprehensive and strict governance of the party, adhere to the principle of party management of cadres and party management of talents, adhere to justice and fairness, and adhere to the combination of punishment and education. The "Provisions" clarify the types of sanctions and the scope of applicable personnel. Personnel engaged in management in public institutions shall apply the six types of sanctions provided for in the "Governmental Sanctions Law" (warnings, demerits, major demerits, demotion, dismissal, and dismissal);Other personnel in public institutions shall apply the "Provisions", and the four types of punishments (warnings, demerits, demotion to the post, and dismissal) shall be followed.
The "Regulations" make it clear that the staff of public institutions shall be punished for violating political discipline, violating organizational and personnel discipline, violating work discipline, violating honest professional discipline, violating financial discipline, violating professional ethics and violating public morality, and according to the severity of the circumstances, the corresponding applicable types of punishments have been clarified, reflecting the requirements of strict management of cadres and strengthening all-round management and regular supervision of cadres. The "Provisions" standardize the authority and procedures for punishment to ensure that the punishment work is standardized and orderly. In order to fully protect the legitimate rights and interests of the sanctioned personnel, the "Provisions" also provide a special chapter on the remedies for review and appeal.
The "Provisions" emphasize that the punishment given to the staff of public institutions who violate rules and disciplines and laws shall be commensurate with the nature, circumstances, and degree of harm of their violations of rules and disciplinesThe facts shall be clear, the evidence conclusive, the characterization accurate, the handling appropriate, the procedures lawful, and the formalities complete. At the same time, the "Provisions" make it clear that education, scientific research, culture, medical and health, sports and other departments can combine the actual situation of their own work and jointly formulate specific measures with the comprehensive personnel management department of public institutions.
Li Qiang signed the order to promulgate the "Regulations on the Handling of Social Insurance".
On September 1, *Prime Minister Li Qiang recently signed an order promulgating the "Regulations on the Administration of Social Insurance" (hereinafter referred to as the "Regulations"), which will come into force on December 1, 2023.
Social insurance handling is the "last mile" of the social insurance system, which is related to whether the people can enjoy social insurance benefits conveniently, and attaches great importance to this. The Social Insurance Law, enacted in 2010, has a special chapter on the handling of social insurance. With the development and changes of the economy and society, some new problems and new situations have emerged in the handling of social insurance, which need to be refined and improved in terms of the legal system.
The Regulations have a total of 7 chapters and 63 articles, which mainly stipulate the following: First, closely follow the Social Insurance Law and clarify the scope of adjustment of the Regulations. These Regulations apply to the handling of social insurance provided by the state, such as basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance, and maternity insurance. The second is to clarify the responsibilities of the handling agency and strengthen the supervision of service management. It stipulates that social insurance handling agencies (hereinafter referred to as handling agencies) shall handle the registration and transfer of social insurance relations, record and keep social insurance handling information, and promptly verify and pay social insurance benefits. The handling agencies are required to standardize the services and management of social insurance, and clarify the specific content and requirements of social insurance handling and supervision. The third is to reduce the supporting materials and clarify the time limit for processing. Strengthen information sharing between relevant departments and handling agencies, clarify the relevant supporting materials for enjoying social insurance benefits, shorten the time limit for handling social insurance, clarify the procedures for the transfer and continuation of social insurance relations, establish and improve the settlement system for medical expenses for medical treatment in other places, and require handling agencies to strengthen the construction of a barrier-free environment to provide convenience for the elderly and the disabled. Fourth, improve the management system and strengthen supervision measures. Agencies are required to negotiate and sign service agreements with eligible institutions to standardize social insurance services. Establish a social insurance credit management system. The competent departments are required to supervise and inspect the handling agencies and social insurance service institutions;Financial departments and auditing institutions shall supervise in accordance with the law. The competent departments are required to unblock the channels for supervision, and the handling agencies are required to disclose relevant information. Fifth, clarify legal responsibilities and severely punish illegal and criminal acts. Corresponding legal liabilities are stipulated for illegal acts such as fraudulent acquisition of social insurance expenditures, concealment, transfer, embezzlement, misappropriation of social insurance**, or illegal investment and operation.
The Ministry of Human Resources and Social Security issued the Measures for the Evaluation of Professional Titles of Human Resource Management Professionals (for Trial Implementation).
Recently, the Ministry of Human Resources and Social Security issued the Measures for the Evaluation of Professional Titles of Human Resource Management Professionals (Trial), which will come into force on January 1, 2024. The "Measures" have a total of 7 chapters and 24 articles, which establish the basic system rules for the evaluation of professional titles in human resource management for the first time. The promulgation of the "Measures" is an important measure to thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, deepen the reform of the professional title system, and strengthen the construction of human resource management professionals.
The Measures make it clear that the Measures shall apply to the personnel engaged in human resource management in enterprises, social organizations, individual economic organizations and other employers, the professional and technical personnel engaged in human resource management services in public institutions, the employees of for-profit human resources service institutions, and the staff of public human resources service institutions to carry out the evaluation of professional titles.
Notice of the General Office of the Ministry of Human Resources and Social Security on Doing a Good Job in the Identification of Professional Skill Levels of Labor Relations Coordinators.
According to the "Occupational Classification Dictionary of the People's Republic of China (2022 Edition)", "Opinions on Improving and Improving the Vocational Skill Grading System for Skilled Talents in the New Era (Trial)" (Ministry of Human Resources and Social Security 2022 No. 14) and "Guiding Opinions on Strengthening the Construction of Labor Relations Coordinator Team" (Ministry of Human Resources and Social Security 2022). No. 74) and other relevant provisions, in order to further strengthen the selection and filing management of the evaluation agency for the recognition of the professional skill level of labor relations coordinators (hereinafter referred to as the evaluation agency), improve the quality of the recognition of the professional skill level of labor relations coordinators, and promote the professionalization and specialization of the labor relations coordinator team, the General Office of the Ministry of Human Resources and Social Security issued a notice on the recognition of the professional skill level of labor relations coordinators.
Minimum wage standards in all provinces, autonomous regions and municipalities directly under the Central Government.
Recently, the official website of the Ministry of Human Resources and Social Security announced the minimum wage standards of all provinces, autonomous regions and municipalities directly under the Central Government. At present, a total of 18 provinces in the country have a monthly minimum wage standard of 2,000 yuan or more, and Shanghai continues to rank first with 2,690 yuan.
According to incomplete statistics, in 2023, 13 provinces, including Hainan, Yunnan, Gansu, Beijing, Shandong, Shanghai, Hebei, Shanxi, Guizhou, Qinghai, Anhui, and Shaanxi, have raised their minimum wage standards. In addition, there are currently 18 provinces with a monthly minimum wage standard of more than 2,000 yuan in the first tranche.
The National Health Insurance Administration and the Ministry of Human Resources and Social Security issued the 2023 edition of the National Drug Catalogue for Basic Medical Insurance, Work-related Injury Insurance and Maternity Insurance.
In accordance with the national decision-making and deployment, the National Health Insurance Administration, together with the Ministry of Human Resources and Social Security and other departments, organized the adjustment of the national basic medical insurance, work-related injury insurance and maternity insurance drug catalogue in 2023, which has been successfully concluded.
In this adjustment, a total of 126 drugs were added to the drug list, and 1 drug was transferred out of the list. 143 drugs outside the catalogue participated in the negotiation or bidding, of which 121 drugs were successfully negotiated or bidd, with a negotiation success rate of 846%, with an average price reduction of 617%, the success rate and ** decline are basically the same as in 2022. After this round of adjustment, the total number of drugs in the drug catalogue has reached 3,088, including 1,698 Western medicines and 1,390 Chinese patent medicinesThere are still 892 kinds of Chinese medicine decoction pieces.