國有企業富余職工安置規定
Regulations on the Placement of Surplus Staff and Workers of State-owned Enterprises
（1993年4月20日中華人民共和國國務院令第111號發布）
(Promulgated by the State Council by Decree No. 111 on April 20, 1993)
第一條為了妥善安置國有企業富余職工,增強企業活力,提高企業經濟效益,制定本規定。
Article 1. These Regulations are formulated in order properly to place the surplus staff and workers of State-owned enterprises, enhance of Enterprise vitality, and increase the economic returns of the Enterprises.
第二條安置國有企業（以下簡稱企業）中的富余職工,應當遵循企業自行安置為主、社會幫助安置為輔,保障富余職工基本生活的原則。
Article 2. The placement of the surplus staff and workers of State-owned enterprises (hereinafter referred to as the "Enterprises") shall principally adhere to the principles of the placements made by the Enterprises themselves, and shall also adhere to the principles of socially assisted placements, as well as to the principles of maintenance of the minimum standard of living for surplus staff and workers.
第三條企業安置富余職工應當依照本規定采取拓展多種經營、組織勞務活動、發展第三產業、綜合利用資源和其他措施。
Article 3. In the placement of surplus staff and workers, the Enterprises shall, in accordance with these Regulations, explore diversified business, organize labor activities, develop the tertiary industry, and comprehensively utilize available resources and other measures.
企業行政主管部門、勞動行政主管部門和工會組織應當指導、幫助和支持企業做好富余職工安置工作,積極創造條件,培育和完善勞務市場,開辟社會安置渠道。
The administrative competent departments of the Enterprises, competent labor administrative institutions and trade unions shall guide, assist and support the Enterprises in successfully placing surplus staff and workers, and actively create conditions to cultivate and improve the labor market and open up social channels for placement.
第四條企業為安置富余職工而興辦的從事第三產業的獨立核算企業,自開業之日起兩年免征、三年減半征收企業所得稅。
Article 4. The independent accounting enterprises engaged in the tertiary industry, which are established for the purpose of placing surplus staff and workers from the Enterprises shall be exempt from taxes for two (2) years from the date of opening their businesses, and shall be taxed half of the regular amount for another three (3) years.
第五條企業開辦的勞動就業服務企業,應當承擔安置本企業富余職工的任務。
Article 5. The labor employment service enterprises established by the Enterprises shall assume the task of placing the surplus staff and workers from their own Enterprises.
企業應當按照國家有關國有資產管理的規定,在資金、場地、原材料和設備等方面給予扶持。
The Enterprises shall, in accordance with the provisions of relevant State-owned assets management, give them full support with respect to capital, sites, raw materials, equipment, etc.
第六條企業組織本企業富余職工依法興辦的獨立核算企業,可以承擔本企業中原由外單位承包的技術改造或者勞務項目。
Article 6. The independent accounting enterprises established according to law by surplus staff and workers of their Enterprises may assume the technical renovation or labor projects of their Enterprises originally contracted by other units.
第七條企業可以對富余職工實行待崗和轉業培訓,培訓期間的工資待遇由企業自行確定。
Article 7. The Enterprises may carry out vocational training and job change training for surplus staff and workers. Their wages during the training periods shall be determined by the Enterprises themselves.
第八條經企業職工代表大會討論同意并報企業行政主管部門備案,企業可以對職工實行有限期的放假。
Article 8. The Enterprises may give their staff and workers a limited term leave, which shall deliberated at the congress of the representatives of the staff and workers of the Enterprises and then submitted to the competent administrative institutions of the Enterprises for documentation.
職工放假期間,由企業發給生活費。
The Enterprises shall distribute living expenses to such staff and workers during their leave period.
孕期或者哺乳期的女職工,經本人申請,企業可以給予不超過二年的假期,放假期間發給生活費。
With respect to female staff and workers who are pregnant or breast-feeding, the Enterprises may, upon application by the females themselves, grant them leaves of absence of not more than two (2) years and distribute living expenses to them during such absences.
假期內含產假的,產假期間按照國家規定發給工資。
Wages during the puerperal period shall be paid in accordance with the regulations of the State.
第九條職工距退休年齡不到五年的,經本人申請,企業領導批準,可以退出工作崗位休養。
Article 9. If the age of staff and workers is less than five (5) years below the stipulated age for retirement, such staff and workers may, upon their own voluntary application and with the approval from Enterprise authorities, remove themselves from their posts for rest.
職工退出工作崗位休養期間,由企業發給生活費。
During such rest period, when the staff and workers have removed themselves from their posts, the Enterprises shall distribute living expenses to them.
已經實行退休費用統籌的地方,企業和退出工作崗位休養的職工應當按照有關規定繳納基本養老保險費。
Where an overall plan for the retirement pension has been implemented, the Enterprises and the staff and workers who have removed themselves from their posts for rest shall pay the premium of the basic old-age insurance policy in accordance with relevant regulations.
職工退出工作崗位休養期間達到國家規定的退休年齡時,按照規定辦理退休手續。
If staff and workers reach the age for retirement as stipulated by the State when they have removed themselves from their posts for rest, they shall handle the formalities of retirement in accordance with regulations.
第十條職工可以申請辭職。經企業批準辭職的職工,在辦理辭職手續時,企業應當按照國家有關規定發給一次性生活補助費。
Article 10. Staff and workers may apply for resignation. When the staff and workers whose resignation was approved by the Enterprises complete their formalities of resignation, the Enterprises shall pay them an allowance in one lump sum in accordance with relevant regulations of the State.
第十一條按照本規定第八條、第九條規定發放的生活費在企業工資基金中列支,生活費標準由企業自主確定,
Article 11. The living expenses distributed by the Enterprises in accordance with Articles 8 and 9 of these Regulations shall be listed and paid out of the wage funds of the Enterprises. The standard for the living expenses shall be determined by the Enterprises themselves independently.
但是不得低于省、自治區、直轄市人民政府規定的最低標準。
However, such standards shall not be less than the minimum standards of living stipulated by the people's government of the provinces, autonomous regions and municipalities directly under the Central Government.
職工退出工作崗位休養期間視為工齡,與其以前的工齡合并計算。
The period when the staff and workers had removed themselves from their posts for rest shall be deemed working years, and shall be calculated together with their previous working years.
第十二條企業因生產經營發生重大變化,必須裁減職工的,對勞動合同制職工,經企業職工代表大會討論同意,可以提前解除勞動合同,但是應當按照合同約定履行義務；
Article 12. If the Enterprises have to reduce the number of the staff and workers due to great changes in production and operation, the Enterprises may, with respect to the contractual staff and workers, upon the deliberation and agreement at the congress of the representatives of the staff and workers, terminate contracts ahead of schedule, but shall perform their liabilities as agreed upon in such contracts.
合同沒有約定的,企業對被提前解除勞動合同的職工,按照其在本企業工作的年限,工齡每滿一年,發給相當于本人一個月標準工資的補償費。
If there is no such agreement in the contracts, the Enterprises shall pay the staff and workers whose contracts have been terminated ahead of schedule the compensation of their standard wage, which shall be distributed in accordance with their working years in such Enterprises, that is, the equivalence of their respective standard wage of one (1) month is paid for each working year.
第十三條各級勞動行政主管部門和企業行政主管部門應當做好富余職工的社會安置和調劑工作,鼓勵和幫助富余職工組織起來就業和自謀職業。企業之間調劑職工,可以正式調動,也可以臨時借調；臨時借調的,借調期間的工資和福利待遇由雙方企業在協議中商定。
Article 13. Various competent labor administrative institutions and the competent administrative departments of the Enterprises shall work hard at the social placement and adjustment for surplus staff and workers, and encourage and assist surplus staff and workers by organizing them to be re-employed and find new jobs on their own. The staff and workers adjusted between the Enterprises may be officially transferred, or perhaps temporarily transferred. With respect to the staff and workers who are temporarily transferred, their wages and welfare treatment during such temporary transfer period shall be decided by the agreement through consultations of relevant Enterprises.
第十四條富余職工由企業自行安置有困難到社會待業的,在待業期間,依法享受待業保險待遇。
Article 14. If surplus staff and workers search for employment in society on their own because their Enterprises have difficulties in placing them, they shall be entitled to unemployment insurance according to law during the period of waiting for employment.
勞動行政主管部門和有關行政主管部門應當創造條件,幫助職工再就業。
The competent labor administrative institutions and relevant competent administrative departments shall create conditions and assist them in finding new jobs.
第十五條企業依照本規定興辦的獨立核算企業安置的職工,按照國家有關規定納入新辦企業的職工人數和經濟指標的統計范圍。
Article 15. The staff and workers to be placed in the independent accounting enterprises established by the Enterprises in accordance with these Regulations shall be incorporated into the numbers of the staff and workers of newly established enterprises and the statistical scope of economic indicators in accordance with relevant regulations of the State.
第十六條省、自治區、直轄市人民政府可以根據本規定制定實施辦法。
Article 16. The people's government of the provinces, autonomous regions and municipalities directly under the Central Government may formulate their respective measures for implementation in light of these Regulations.
第十七條本規定由國務院勞動行政主管部門負責解釋。
Article 17. The competent labor administrative institution under the State Council shall be responsible for the interpretation of these Regulations.
第十八條本規定自發布之日起施行。
Article 18. These Regulations shall be implemented as of the date of issuance.