The second is the contribution of employees. Employee stock ownership should be mainly in cash and paid in time as agreed. According to the relevant laws and regulations of the state, employees who invest in shares with scientific and technological achievements should provide all ownership certificates and evaluate the price according to law, and go through the formalities of property right transfer in time. When a listed company repurchases its own shares and implements employee stock ownership, it must implement relevant regulations. Pilot enterprises and state-owned shareholders shall not give shares to employees free of charge, and shall not provide financial assistance such as advance payment, guarantee and loan to employees holding shares. Employees holding shares shall not accept loans or financing help from other enterprises that have business dealings with the pilot enterprises.
The third is the stock price. Before employees become shareholders, they should conduct financial audit and asset evaluation on the pilot enterprises in accordance with relevant regulations. The employee's share price shall not be lower than the approved or filed net assets per share. The shareholding price of employees of state-controlled listed companies shall be determined in accordance with the relevant provisions of securities supervision.
The fourth is the shareholding ratio. The shareholding ratio of employees should be determined in combination with factors such as enterprise scale, industry characteristics and enterprise development stage. In principle, the total shareholding of employees is not higher than 30% of the company's total share capital, and the shareholding ratio of individual employees is not higher than 1% of the total share capital. Enterprises can take appropriate measures to reserve some shares for newly introduced talents. The shareholding ratio of employees of state-controlled listed companies shall be determined in accordance with the relevant provisions of securities supervision.
Legal basis: the first principle of "Opinions on Piloting Employee Stock Ownership in State-controlled Mixed Ownership Enterprises"
(1) Adhere to legal compliance, openness and transparency. Protect the rights and interests of all kinds of shareholders in accordance with the law, strictly abide by the relevant laws and regulations of the state and the relevant provisions on the restructuring of state-owned enterprises and the management of state-owned property rights, ensure the disclosure of rules, procedures and results, put an end to black-box operations, prohibit the transfer of interests, and prevent the loss of state-owned assets. Shall not infringe upon the legitimate rights and interests of non-shareholding employees within the enterprise.
(2) Insist on incremental introduction and interest bundling. It mainly adopts the methods of increasing capital and shares, contributing new funds and so on to carry out employee stock ownership, so as to ensure that state-owned capital is in a controlling position. Establish and improve a long-term incentive and restraint mechanism. Eligible employees voluntarily participate in the shares, and employees and enterprises participating in the shares * * * enjoy the fruits of reform and development * * * and bear the risks of market competition.
(three) adhere to the post fixed shares, dynamic adjustment. Employee stock ownership should reflect the orientation of love and dedication, closely linked with posts and performance, and support key technical posts, management posts and business posts. Establish and improve the internal circulation and withdrawal mechanism of equity to avoid solidification and rigidity of equity.
(4) Adhere to strict control scope and strengthen supervision. Strict pilot conditions, limit the number of pilots, and prevent "rushing headlong into it". Strict examination and approval procedures, continuous follow-up guidance, and strengthened evaluation and supervision to ensure that the pilot work objectives are clear, the operation is standardized, and the process is controllable.