Banks, insurance and other financial institutions, enterprises with franchise rights and special preferential policies will not implement employee stock ownership within the company for the time being. Article 4 An enterprise that implements employee stock ownership within a company shall not hinder or exclude social legal persons, individuals and foreign investors from participating as promoters. Article 5 There are two main ways for employees to hold shares in a company: if there are fewer employees in the company, they can be directly held by natural persons in the form of sponsors; If the company has a large number of employees, employees will indirectly hold shares in the company through shareholding. Article 6 The principle of voluntary participation, risk sharing and benefit sharing shall be adhered to in employee stock ownership within the company. Article 7 A company that implements internal employee stock ownership may, when conditions permit, try to increase its net assets to reward employees' shares. Chapter II Scope and Mode of Shareholding of Employees in the Company Article 8 Scope of Shareholding of Employees in the Company:
(1) Employees who have worked in the Company and its subsidiaries and branches for 1 year and signed labor contracts on the labor payroll;
(2) Directors, supervisors and managers of the company.
(3) The personnel sent by the Company to work in domestic and overseas subsidiaries, affiliated companies, representative offices and offices still maintain their labor and personnel relations with the Company;
(4) Retired employees registered and managed by the company and its subsidiaries and branches. Article 9 Employees' share participation is mainly in cash. Specifically, there are three ways:
(1) Individual's contribution in cash.
(two) scientific and technological personnel can buy shares at a discount from the patented technology. For the technical achievements of service inventions, after evaluation, 20% of the technical value can be quantified to the inventor's personal shareholding; Advanced technology brought into the company by new scientific and technological personnel can be converted into shares at a discount;
(3) The company's public welfare fund can be designated as special funds to lend to employees to buy stocks, and the loan interest rate is determined by the company's shareholders' meeting or property rights unit with reference to the bank loan interest rate. Article 10 After evaluation, all state-owned assets can be invested in shares, or part of them can be transferred for employee stock ownership. Transfer income can be recovered by the state and used for investment in other enterprises or projects; Can also be approved by the financial and state-owned assets management departments at the same level, leaving it to enterprises for paid use; It can also be used temporarily by enterprises and converted into national capital when increasing capital and shares. Chapter iii shareholding ratio of employees within a company article 11 when an enterprise is approved to set up a company or increase its capital and shares, it may recruit internal employees to become shareholders. The shareholding ratio of internal employees should be determined with reference to the company's equity setting and the actual capital contribution ability of employees.
The shareholding ratio of the company's employees is not less than 10% of the company's total share capital. In industries that are not monopolized by the state and have no special provisions, employees' shareholding within the company can reach the proportion of relative holding or absolute holding according to needs and possibilities. Article 12 A company shall determine the amount of shares subscribed by employees according to their positions, professional titles, educational background, length of service and contribution, and the specific measures shall be determined by each company. Article 13 The shareholding ratio of the chairman and manager shall be reasonable with that of ordinary employees, and in principle it shall not be less than 3-5 times of the average shareholding ratio of employees. Article 14 A company may, according to specific circumstances, appropriately increase the shareholding limit of its management personnel, business and technical backbone. Technical personnel who share shares with technology are not restricted by the relevant proportion provisions. Chapter IV Trial Incentives for Increasing the Net Assets of Employee Stock Ownership Article 15 If a company that practices employee stock ownership has good economic benefits and great contribution to the country, and the net assets increase exceeds the set target, it may try to give the operator and employee (who can't find money) the shares as a supplement to the individual holding shares within the employee. Article 16 Proportion of share delivery:
(1) On the basis of the index of appreciation of state-owned net assets stipulated or issued by the state-owned assets management department, and on the basis of the range of appreciation of net assets determined by the shareholders' meeting or the board of directors, 50-80% of the excess index will be used for employee share donation.
(2) Share donation is divided into three levels, namely, managers (chairman, manager, party secretary and his deputy), middle managers and other employees. Divide the increased net assets into 100% and share them in proportion. The specific proportion is determined by the company according to the number of people at all levels and the size of the gap. The average amount of shares donated by middle managers is not higher than 1-3 times that of employees and 1-3 times that of managers.
(3) Within the three levels of operators, middle managers and other employees, equalitarianism is not practiced, and there are differences according to positions, responsibilities and contributions. The specific scope should proceed from the actual situation of the enterprise, be formulated by the board of directors of the company, approved by the shareholders' meeting, and incorporated into the articles of association.
(4) For companies that try to reward employees' shares by increasing their net assets, the value of the donated shares shall be converted according to the current net asset value per share of the company.