Manpower arrangement agreement
This Agreement is signed by the following parties in People's Republic of China (PRC) ("China") on July 27th, 2008:
(1) China Unicom Co., Ltd., a foreign-invested enterprise registered under the laws of China, is located in Jianguomen, Dongcheng District, China.
Avenue/Henderson Center Office Building No.0/8, 18 Building No.0/Floor 2, KLOC-0 (the "Seller")
(2) China Telecom Co., Ltd., a joint stock limited company established under the laws of China, is located at Finance Road, Xicheng District, Beijing, China.
No.3 1 dajie (hereinafter referred to as the "buyer")
Words used in this Agreement shall be defined and interpreted according to Appendix 1.
in view of
(1) On the date of signing this agreement, Unicom Group is the only company that holds a license issued by the former Ministry of Information Industry to provide CDMA mobile communication services in China.
Basic telecom operators. Unicom New Space-Time is a wholly-owned subsidiary of Unicom Group, which is responsible for building CDMA networks nationwide.
(2) The Seller is China United Communications Group Co., Ltd. (hereinafter referred to as "China Unicom Red Chip Company"), a foreign-invested enterprise established and existing under the laws of China.
Hold its 100% equity. According to the Unicom CDMA lease signed by Unicom Group, Unicom New Time and Space and Unicom A-share Company on June 26th, 2006, 10.
Agreement and Unicom CDMA Lease Agreement Transfer Agreement signed by Unicom A Company and the seller on the same day, the seller exclusively leases to Unicom New Time and Space.
The capacity of CDMA network is used to operate CDMA services.
(3) The buyer is a joint stock limited company established and existing according to the laws of China, and its shares are listed in Hongkong and the United States, and held by Telecom Group.
70.89% of the shares.
(4) In order to expand the field of mobile business and realize full-service operation, the buyer intends to conduct business with the seller (see the definition below); To adjust the business layout, please set
In order to develop GSM services by using superior resources, the seller intends to transfer the target business ("business transaction") to the buyer. In synchronization with this commercial transaction, the telecom group
It is proposed to acquire all the assets owned by Unicom New Time and Space, and Unicom New Time and Space intends to sell all the assets it owns to Telecom Group, which intends to
In order to acquire some CDMA assets owned by Unicom Group, Unicom Group intends to sell some CDMA assets owned by Unicom Group to Telecom Group ("asset transfer").
)。
(5) On June 2, 2008, the seller, the buyer and Unicom Red Chip Company signed the Framework Agreement on CDMA Service Transfer (
"Business transaction framework agreement"), after the signing of this agreement, all parties agree to conduct business transactions based on the understanding reached in the business transaction framework agreement.
Sign this agreement.
WHEREAS, in order to conduct business transactions, both parties have reached the following agreement ("Agreement") through friendly negotiation on the basis of equality and mutual benefit.
1. General principles for the division of contract employees
1. 1
All parties agree to divide the contract employees in accordance with the principle of "total control, people follow things, and differences between the north and the south" to ensure the division of employees.
The two networks operate smoothly, orderly, effectively and normally. All parties agree that the division of contract employees generally follows the principle of "determine the method first, then determine it"
Personnel "is appropriate.
2. The scope and total number of contract employees.
2. 1 The parties agree to determine the division scope of contract employees according to the following principles:
(1) The scope of contract employees is the contract employees who were employed by the Seller as of June 65438+February 3, 2007.
(2) The total proportion of contract employees is based on the proportion of CDMA business income of Unicom Red Chip Company to the total business income of Unicom Red Chip Company in 2007.
29.3% confirmed; Group headquarters, provincial branches and China Unicom Huasheng Communication Technology Co., Ltd. (hereinafter referred to as "Huasheng Company") are not for sale for the time being.
Confirm the total number of contract employees of the group headquarters, provincial branches and Huasheng Company provided by Party A on June 5438+February 365438 +0, 2007. After calculation, the group
The total number of contract employees in the headquarters, provincial branches and Huasheng Company is temporarily determined by 19703.
All parties shall follow the principle of seeking truth from facts and review the number of contract employees of the Seller on duty as of February 3, 20071day. The seller shall provide the contract.
Proof of the number of employees in the same system, such as social insurance payment list in 2007, labor contract, etc. , shall be submitted to the buyer for review, and the final total shall be shared by both parties.
According to the audit results.
3) Contract between Unicom Bolu Communication Technology Co., Ltd. ("Bolu Company") and China Unicom ("Macau Company").
All employees shall be assigned to the buyer.
Other domestic subsidiaries, joint ventures and overseas companies of the Seller (specifically including Unicom Import and Export Co., Ltd. and Unicom Xingye Science and Trade Co., Ltd.
, Unicom Xinshixun Communication Co., Ltd., Zhongxun Post and Telecommunications Consulting and Design Institute, Unicom (Beijing) Information Technology Co., Ltd., Sichuan Tong Power Generation
The division of contract employees of Credit Co., Ltd., Unicom International Communication Co., Ltd. and China Unicom USA Co., Ltd. shall be determined separately by both parties.
Negotiate and determine.
3. The total number of contract employees is divided into decomposition method and specific determination method.
3. 1
The parties agree to gradually divide the total number of contract employees according to the "top-down" method, namely:
(1) In addition to Huasheng Company, the number of employees transferred from the headquarters of the Seller Group is 200, and the northern branches (Beijing, Tianjin, Shandong, Henan,
Hebei, Inner Mongolia, Heilongjiang, Jilin, Liaoning, Shanxi 10 provinces, autonomous regions and municipalities directly under the Central Government) The proportion of contract employees in the total number of employees is
According to 40%, Southern Branch (Shanghai, Zhejiang, Jiangsu, Guangdong, Anhui, Jiangxi, Sichuan, Chongqing, Guangxi, Fujian, Hubei,
Contract workers in Hunan, Hainan, Guizhou, Yunnan, Shaanxi, Qinghai, Ningxia, Gansu and Xinjiang.
The proportion of the total amount is temporarily determined by 19.76%. If there is any change, it will be finally approved according to the total number of transferred personnel determined by both parties.
Except for 50% of the employees of the group headquarters in Huasheng Company who stayed in the seller, all other employees were transferred to the buyer.
(2) Each provincial branch shall determine the proportion and quantity of contract employees in the headquarters, prefectures and counties of the provincial branch according to the proportion of the province.
In order to ensure the normal development of the business of all parties, the share ratio of branches in cities and counties in the province can be adjusted on the premise that both parties of the provincial company reach an agreement through consultation.
(3) Employees are divided into employees who specialize in Network C ("Network C employees") and employees who specialize in Network G ("Network G")
Employees ") and C/G*** use employees. C-Net employees or G-Net employees refer to those who engaged in marketing, customer service and Internet services of C-Net or G-Net on June 5438+February 3, 2007.
On-the-job contract employees in network planning, construction and maintenance, business platform planning, construction and maintenance, IT support and other businesses and network operations; Other employees
Use employees for C/G***. Both parties agree to determine that the standards of C and G network employees are the same.
First of all, according to the job attributes of the on-the-job contract employees on June 365438+February 0, 2007, each unit determines the contracts specialized in C network or G network.
The number of employees, then divided by the remaining number, according to the unified proportion = (the total number of employees transferred by this unit-the number of employees in C network)/(
The total number of employees in this unit-the number of employees in C network-the number of employees in G network) determines the number of C/G * * employees in each department and balances the professional positions in the department.
Distribution, to ensure the coverage of each post responsibility module required for the normal operation of the two networks. In the overall transfer of personnel, in principle, the number of people transferred is managed.
Allocate according to the unified proportion of each unit. In principle, the members of the leadership team in charge of C-network of provincial and municipal branches are divided into buyers and others.
The members of the leadership team shall be negotiated separately by both parties. On the basis of following the principle of overall division of labor, the division of labor of employees in the headquarters of the Group shall be negotiated separately by both parties.
Physical plan.
For the employees of C and G networks who were employed as of June 5438+February 3, 2007, but no longer employed due to objective reasons such as retirement and resignation, after confirmation by both parties,
Indicators should be shared among C/G*** users without reducing the number of people transferred by each unit.
On the premise that the total number of personnel deployed by each department remains unchanged, the seller shall ensure the staffing of the main posts that support the normal operation of the two networks.
3.2 Both parties agree that the specific division method of contract employees is as follows:
(1) All employees of network C are assigned to the buyer, and all employees of network G remain in the seller. In case of special circumstances, both parties shall negotiate separately.
(2) For the division of C/G*** employees, on the premise of meeting the above division principles, both parties shall, according to the personnel structure, post distribution and work needs of the department,
And other factors, combined with the personal wishes of employees, negotiation can not reach an agreement, the superior companies of both parties shall make a ruling in accordance with the principle of fairness.
(3) The collection of employees' personal intentions shall be conducted in an open, fair and just manner in written form, and the collection scope shall be C/G*** employees and individuals.
Intention collection shall be carried out by the seller, who shall provide all the information and materials collected in writing to the buyer for review.
(4) For the contract employees who exchanged between various units within the Seller after June 5438+February 3, 20071,they participated in the division in the new unit, and their original post attributes were different.
Change. Employees of the audit branches of the Seller's provinces participate in the division of its provincial branches.
(5) In principle, employees whose husband and wife both work in the seller can transfer one person, and the specific transfer candidate is selected by the buyer according to the work needs.
(6) In the process of personnel division, the seller shall provide the following contents for the buyer's review and determination:
(a) Divided by the base number of the seller and the total number of employees;
(b) The C/G * * usage division base and the number of employee divisions of all departments, professional posts and levels of the Seller;
(c) A complete list of employees of the Seller who specialize in C-net and C/G * * * *;
(d) List of members of the leadership team of the Seller responsible for the C network;
List of employees whose husband and wife work in the same unit;
(f) List of employees transferred by the Seller;
(g) Other contents that need to be confirmed by both parties according to this Agreement.
While providing relevant materials, the seller shall provide corresponding methods and certification materials for the formation of the above materials for the buyer's review.
4. Use of dispatched workers
4. 1
Both parties agree that the use of dispatched employees is determined by the buyer according to the needs of C-network business and the actual situation of dispatched employees engaged in C-network business by the seller.
The seller determines through negotiation that the buyer will send it to the buyer by signing a new dispatch agreement with the dispatching unit to keep the business running smoothly.
Cross.
4.2
In principle, all employees dispatched by Huasheng Company, Bolu Company and Macau Company are used by the buyer.
4.3
Both parties agree that the buyer will use dispatchers who specialize in C network work and dispatchers who are transferred or subletted to the buyer's business hall;
Considering the actual situation of the seller, in principle, the seller can transfer or sublet one third of the dispatched workers to the business hall below the county level of the buyer for use.
, specifically determined by the provincial companies of both parties through consultation. The use of other dispatched employees shall be determined by the provincial companies of both parties through consultation.
5.
coordinative mechanism
5. 1
Units at all levels can resolve disputes arising from the division of contract employees and the determination of the list of buyers who send employees through consultation, but they cannot reach an agreement.
, can be reported to the superior unit to coordinate and solve.
5.2
The members of the leadership team of the provincial branch shall be reviewed and confirmed by the group headquarters of both parties according to the cadre management authority; List of other transferred contract employees
The list of employed dispatched employees shall be finally reviewed and confirmed by the provincial branches of both parties.
China Unicom XX Branch Personnel Transfer Implementation Plan
In order to ensure the smooth and orderly transfer of the reorganized personnel of the company and the normal operation of the two networks, according to the unified deployment of the headquarters, the Guiding Opinions on Personnel Transfer and the Human Resources Arrangement Agreement, the Implementation Plan for Personnel Transfer of China Unicom XX Branch is specially formulated.
I. General principles
1, unified deployment, hierarchical implementation
According to the overall deployment of headquarters personnel, provincial branches make specific implementation plans and timetables, which are strictly implemented by local branches.
2. Overall planning by province and linkage between provinces and regions.
In the process of personnel transfer, the communication between provincial companies of both sides is the main channel, and the communication channels and response mechanisms of provincial-local linkage are established, and communication and coordination work are actively carried out with local telecom companies.
3, careful planning, step by step implementation
Make the work schedule of personnel transfer and make all preparations in advance. Actively communicate and explain with trade union organizations at all levels and local labor administrative departments to ensure that all links are completed in strict accordance with the time schedule.
4, personal wishes, organizational decisions
According to the staff structure, post distribution, work needs and other factors, combined with the personal wishes of employees, and in accordance with the principles of openness, fairness and justice, the organization decides to finally mobilize personnel.
Second, the total decomposition
1. Transfer range: June 65438+February 3, 20071On-the-job contract staff, including audit branch staff. The new employees transferred to Unicom in 2008 are not included in the transfer scope.
2. Transfer ratio: the overall transfer ratio of each unit is 40% (including: the transfer ratio of county branches is 65%, and the transfer ratio of all departments of city and state branches will be determined after calculating the transfer ratio of county branches).
3. Each unit shall determine the specific number of personnel transferred to each department according to the total number of personnel transferred to this unit. See attached table 1 for the specific transfer number of each unit. At the same time, it is necessary to balance the distribution of various departments and professions, and ensure the coverage of all responsibility modules and the staffing of major positions required for the normal operation of the two networks on the premise that the total number of personnel transferred to each department remains unchanged. If the number of people in some departments or majors is relatively small, the number of people transferred in proportion can be calculated by merging with similar departments or majors.
4. Among the overall transfer personnel, the number of transfer personnel at each post level is determined according to the unified transfer ratio of each unit.
5. Among the overall transfer personnel, the number of transfer managers is determined according to the unified transfer ratio of each unit. Among them: the transfer method of the members of the leadership team of the provincial branch (including the general manager of CC branch) is determined by the headquarters; The transfer of the members of the leadership team of each city and state branch shall be determined through consultation between the provincial branch and the telecommunications company.
Third, determine the post attributes.
1, location attribute definition
Job attributes are divided into: specializing in C network work (referred to as "C network"), specializing in G network work (referred to as "G network") and G/C***.
C network employees (or G network employees) refer to on-the-job contract employees who are engaged in C network (or G network) marketing, customer service, network planning, construction and maintenance, business platform planning, construction and maintenance, IT support and financial accounting.
Except for the employees of network C and network G, all other contract employees are employees of G/C***.
2. When the post attribute of the transferred personnel is determined as 65438+February 3, 20071,the post attribute of the on-the-job contract employees is determined.
3. In 2008, contract employees who transferred from one company to another company participated in the transfer in the new company, and their original post attributes remained unchanged.
Fourth, specific measures
1, C network employees and G network employees
All employees of C network are directly transferred, and all employees of G network are directly retained. In case of special circumstances (that is, C network employees do not go to telecommunications, G network employees do not leave Unicom), the provincial branch will negotiate with the telecommunications company to determine.
2.G/C * * Use employees
Number of transferred employees = total number of transferred employees in the company-number of C-network employees directly transferred.
Transfer ratio = (the total number of employees who transfer to the network in the company-the number of employees who directly transfer to the network) /G/C*** The total number of employees who use it.
G/C*** adopts a "bottom-up" approach by mobilizing employees. First, the personal wishes of G/C*** employees are solicited in writing (see Table 2 for details), and then the final decision is organized according to the employee structure, job distribution, work needs and other factors combined with the personal wishes of employees.
3. As of June 5438+February 3, 20071,the index of C-Net employees who are on-the-job but no longer on-the-job due to objective reasons such as delayed retirement and resignation should be shared among G/C*** employees, and the total number of personnel transferred from each unit should remain unchanged.
Verb (abbreviation of verb) operation process
1. Each unit determines the personnel to be transferred and reports them to the provincial branch in writing. The specific operation steps are as follows:
(1) Each city and state branch shall solicit the personal wishes of G/C * * employees who are not in the management sequence in written form, and determine the personnel to be transferred after soliciting personal opinions.
(2) The municipal and state sub-bureaus shall request the management sequence in writing (except the leaders of the municipal and state sub-bureaus). G/C*** Use the personal wishes of employees and solicit personal opinions to determine the transfer of personnel.
Report the list of all transfer personnel (including direct transfer personnel of C network and G/C***) to the provincial branch in written form.
(3) The provincial branch shall solicit the personal wishes of the employees in writing for the non-management sequence G/C * * of the provincial branch, and determine the personnel to be transferred after soliciting personal opinions.
(4) The provincial branch shall solicit the personal wishes of the middle-level managers and leaders of the city and state branches used by the provincial branch in writing, and determine the transfer personnel after soliciting personal opinions.
(5) The provincial branch finally studies and determines the list of transferred personnel in the whole province.
2. Confirm the transfer of personnel with the telecommunications company * * *
(1) The provincial, municipal and state branches shall provide the telecom company with the list of first-time transfer personnel.
(2) The provincial, municipal and state branches of both parties shall negotiate the parts with objections in the list. If negotiation fails, it shall be submitted to the superior branches of both parties for adjudication in accordance with the principle of fairness.
(3) The list of job-transfer personnel preliminarily confirmed by both parties has been reviewed by the Workers' Congress of the provincial branch, and the disputed part of the list has been negotiated with the telecom company again.
(4) Confirm the transferred personnel finally, and report the list of transferred personnel signed by both parties to the headquarters and the Labor Administration Department for the record. At the same time, the detailed information of the transferred personnel will be provided to the telecommunications company.
3. Relevant procedures for handing over personnel.
(1) Each unit and the transferred employees shall go through relevant procedures such as dissolving the labor contract (the time for dissolving the labor relationship is 10, 1). Telecom company signs labor contract with transferred employees (starting time: 65438+10.2).
(2) Both parties cooperate to transfer personnel files and salary relations.
(3) The two parties cooperate to carry out social insurance, housing accumulation fund handover and other work.
Sixth, the schedule.
See Schedule 3 for the personnel transfer plan.
Seven. any other business
(1) In principle, employees whose husband and wife both work in Unicom will be transferred to one person.
(2) Before September 30, 2008, neither company would accept employees who resigned from the other company after July 25.
(3) The Human Resources Department of the provincial branch is responsible for the interpretation of this scheme.