Generally speaking, the so-called employee identity replacement is to change the "iron rice bowl" into a labor contract by giving certain economic compensation, break the dependence of employees on enterprises, and lift the "unlimited responsibility" of state-owned enterprises to employees. The General Office of the State Council forwarded the Notice of SASAC on Further Standardizing the Implementation Opinions on the Restructuring of State-owned Enterprises, pointing out that the restructuring of state-owned enterprises should earnestly safeguard the rights and interests of employees. Before the implementation of the restructuring, the original enterprise should clarify the relevant responsibilities with investors on issues such as employee placement costs and labor relations, and formulate employee placement plans. The employee placement plan must be reviewed and approved by the employee congress or the employee congress before the enterprise can implement the restructuring. The employee placement plan must be announced to the broad masses of employees in a timely manner, and its main contents include: the situation of enterprise personnel and the opinions on resettlement; Measures for the alteration, dissolution and re-signing of employee labor contracts; Measures for payment of economic compensation for employees who terminate labor contracts; Continuation of social insurance relationship; Measures to deal with debts such as wages owed to employees and social insurance premiums owed by enterprises.
Realizing employee identity replacement is the basis of market-oriented allocation of labor resources, the premise of realizing the free flow of labor force, and an important condition for enterprises to change their operating mechanism and go into battle lightly.
2. Buy out the length of service
In the early stage of the reform of state-owned enterprises, "buy-out seniority" became a way for many enterprises to arrange surplus staff, that is, referring to the working years, salary levels and jobs of employees in the enterprise, combined with the actual situation of the enterprise, after consultation between the enterprise and employees, it was reported to the relevant departments for approval, and the enterprise paid a certain amount of money to employees at one time, thus dissolving the labor relationship between the enterprise and surplus employees and pushing employees to the society. Nowadays, "buyout the length of service" fundamentally violates the labor law. 1999 The State Economic and Trade Commission, the Ministry of Finance and the People's Bank of China issued the Notice on Opinions on Several Issues Concerning the Sale of Small State-owned Enterprises, which also emphasized: "In order to ensure that the legitimate rights and interests of employees of enterprises are not infringed, the seller should seek the opinions of employees on the sale plan and employee resettlement plan before applying for the sale. No department or unit may terminate the social insurance relationship of employees during the sale of the enterprise, and may not violate the state by taking advantage of the sale.
Therefore, in the process of restructuring state-owned enterprises, laws and regulations must be strictly enforced in the placement of employees, and "buyout service" is strictly prohibited or disguised. The surplus staff of the enterprise shall terminate the labor contract according to law, and give economic compensation according to legal standards, and earnestly safeguard the legitimate rights and interests of employees.
How to pay economic compensation?
In practice, the payment methods of economic compensation mainly include monetary compensation, equity compensation and bond compensation. Cash payment refers to the payment method of compensating employees in a lump sum in the form of money when changing their identity; Equity payment refers to the conversion of the remuneration payable by the enterprise into the equity enjoyed by the employees of the restructured enterprise; The payment method of creditor's rights refers to transforming the economic compensation payable by the enterprise into the creditor's rights of the employees to the enterprise, and repaying it by signing a contract with the employees. Different payment methods have their own advantages and disadvantages. Choosing different payment methods determines the corresponding interest adjustment method. The choice of payment method depends on the wishes of employees, the financial situation of enterprises, capital structure and corporate governance structure. Our country's law "for the surplus personnel diverted to the non-state-owned legal person holding enterprise, the original main enterprise shall terminate the labor contract with them according to law and pay economic compensation." The economic compensation obtained by employees can be converted into equivalent equity or creditor's rights of restructured enterprises on a voluntary basis. "
4. Payment of arrears and unpaid fees
Restructured enterprises should formulate feasible repayment plans for the debts owed by the original main enterprises and repay them on schedule; The original main enterprise should properly handle the debt problems such as fund-raising, wages, medical expenses and social insurance premiums owed to employees according to regulations. China's law stipulates that "when an enterprise is restructured, the wages, fund-raising, medical expenses, misappropriated employee housing provident fund and social insurance premiums owed by the enterprise shall, in principle, be paid in one lump sum."
Abstract: The dissolution of a labor contract refers to the legal act that both parties terminate the labor relationship in advance because of the legal acts of both parties or one party after the conclusion of the labor contract, but before it is fully performed or not. Changing the labor contract refers to the legal act of partially modifying, supplementing or deleting the contents of the labor contract after the labor contract is concluded according to law, but before the contract is performed or completed, with the consent of both parties through consultation.
Legal basis: Articles 8, 9 and 10 of the Implementation Measures for the Separation and Reorganization of Main and Auxiliary Enterprises and the Resettlement of Surplus Personnel: "(8) Matters related to the management and financial treatment of state-owned capital, such as asset pricing, loss write-off and property right change, shall be handled in accordance with the Interim Provisions of the Ministry of Finance on the Management and Financial Treatment of State-owned Capital in the Process of Reorganization and Diversion.