KYB CHINA(国务院第115次常务会议通过 1993年4月20日中华人民共和国国务院令第111号发布 自发布之日起施行)
(Adopted at the 115th Executive Meeting of the State Council, promulgated by Decree No. 111 of the State Council of the People's Republic of China on April 20, 1993, and effective as of the date of promulgation.)
为了妥善安置国有企业富余职工，增强企业活力，提高企业经济效益，制定本规定。
These Provisions are formulated to properly place surplus employees in state-owned enterprises, enhance enterprise vitality, and improve enterprise economic efficiency.
安置国有企业(以下简称企业)中的富余职工，应当遵循企业自行安置为主、社会帮助安置为辅，保障富余职工基本生活的原则。
The placement of surplus employees in state-owned enterprises (hereinafter referred to as enterprises) shall follow the principle of enterprise self-placement as the mainstay, supplemented by social assistance, and ensure the basic living standards of surplus employees.
企业安置富余职工应当依照本规定采取拓展多种经营、组织劳务活动、发展第三产业、综合利用资源和其它措施。
Enterprises shall place surplus employees in accordance with these Provisions by adopting measures such as expanding diversified operations, organizing labor services, developing the tertiary industry, comprehensively utilizing resources, and other measures.
企业行政主管部门、劳动行政主管部门和工会组织应当指导、帮助和支持企业做好富余职工安置工作，积极创造条件，培育和完善劳务市场，开辟社会安置渠道。
The competent administrative departments of enterprises, labor administrative departments, and trade union organizations shall guide, assist, and support enterprises in the placement of surplus employees, actively create conditions, cultivate and improve the labor market, and open up social placement channels.
企业为安置富余职工而兴办的从事第三产业的独立核算企业，自开业之日起两年免征、三年减半征收企业所得税。
For independent accounting enterprises engaged in the tertiary industry established by enterprises to place surplus employees, enterprise income tax shall be exempted for two years and reduced by half for three years from the date of commencement of operations.
企业开办的劳动就业服务企业，应当承担安置本企业富余职工的任务。企业应当按照国家有关国有资产管理的规定，在资金、场地、原材料和设备等方面给予扶持。
Labor employment service enterprises established by enterprises shall undertake the task of placing surplus employees of the enterprise. Enterprises shall provide support in terms of funds, premises, raw materials, and equipment in accordance with relevant state regulations on the management of state-owned assets.
企业组织本企业富余职工依法兴办的独立核算企业，可以承担本企业中原由外单位承包的技术改造或者劳务项目。
Independent accounting enterprises established by enterprises organizing their surplus employees in accordance with the law may undertake technical transformation or labor projects originally contracted out by the enterprise to external units.
企业可以对富余职工实行待岗和转业培训，培训期间的工资待遇由企业自行确定。
Enterprises may provide job waiting and job transfer training for surplus employees, and the wage treatment during the training period shall be determined by the enterprise itself.
经企业职工代表大会讨论同意并报企业行政主管部门备案，企业可以对职工实行有限期的放假。职工放假期间，由企业发给生活费。
With the discussion and consent of the enterprise employees' congress and filing with the competent administrative department of the enterprise, the enterprise may grant employees a limited period of leave. During the leave period, the enterprise shall pay a living allowance.
孕期或者哺乳期的女职工，经本人申请，企业可以给予不超过二年的假期，放假期间发给生活费。假期内含产假的，产假期间按照国家规定发给工资。
For female employees during pregnancy or lactation, upon their application, the enterprise may grant a leave of not more than two years, during which a living allowance shall be paid. If the leave includes maternity leave, wages shall be paid during the maternity leave in accordance with state regulations.
职工距退休年龄不到五年的，经本人申请，企业领导批准，可以退出工作岗位休养。职工退出工作岗位休养期间，由企业发给生活费。已经实行退休费用统筹的地方，企业和退出工作岗位休养的职工应当按照有关规定缴纳基本养老保险费。职工退出工作岗位休养期间达到国家规定的退休年龄时，按照规定办理退休手续。职工退出工作岗位休养期间视为工龄，与其以前的工龄合并计算。
For employees who are less than five years away from retirement age, upon their application and with the approval of enterprise leaders, they may withdraw from their posts for rest. During the period of withdrawal from posts for rest, the enterprise shall pay a living allowance. In areas where retirement expense pooling has been implemented, enterprises and employees who have withdrawn from posts for rest shall pay basic pension insurance premiums in accordance with relevant regulations. When employees who have withdrawn from posts for rest reach the statutory retirement age, retirement procedures shall be handled in accordance with regulations. The period of withdrawal from posts for rest shall be counted as length of service and combined with their previous length of service.
职工可以申请辞职。经企业批准辞职的职工，在办理辞职手续时，企业应当按照国家有关规定发给一次性生活补助费。
Employees may apply for resignation. For employees who resign with enterprise approval, the enterprise shall pay a one-time living subsidy in accordance with relevant state regulations when handling the resignation procedures.
按照本规定第八条、第九条规定发放的生活费在企业工资基金中列支，生活费标准由企业自主确定，但是不得低于省、自治区、直辖市人民政府规定的最低标准。
The living allowances paid in accordance with Articles 8 and 9 of these Provisions shall be disbursed from the enterprise's wage fund. The standard of living allowances shall be determined by the enterprise itself, but shall not be lower than the minimum standard prescribed by the people's government of the province, autonomous region, or municipality directly under the Central Government.
企业因生产经营发生重大变化，必须裁减职工的，对劳动合同制职工，经企业职工代表大会讨论同意，可以提前解除劳动合同，但是应当按照合同约定履行义务；合同没有约定的，企业对被提前解除劳动合同的职工，按照其在本企业工作的年限，工龄每满一年，发给相当于本人一个月标准工资的补偿费。
If an enterprise must reduce its workforce due to significant changes in production and operation, for employees with labor contracts, with the discussion and consent of the enterprise employees' congress, the labor contract may be terminated early, but the obligations shall be performed in accordance with the contract; if there is no agreement in the contract, the enterprise shall pay compensation to the employee whose labor contract is terminated early, based on the employee's length of service in the enterprise, at the rate of one month's standard wage for each full year of service.
各级劳动行政主管部门和企业行政主管部门应当做好富余职工的社会安置和调剂工作，鼓励和帮助富余职工组织起来就业和自谋职业。企业之间调剂职工，可以正式调动，也可以临时借调；临时借调的，借调期间的工资和福利待遇由双方企业在协议中商定。
Labor administrative departments at all levels and the competent administrative departments of enterprises shall do a good job in the social placement and adjustment of surplus employees, encourage and help surplus employees to organize employment and self-employment. The adjustment of employees between enterprises may be through formal transfer or temporary secondment; for temporary secondment, the wages and welfare benefits during the secondment period shall be agreed upon by the two enterprises in the agreement.
富余职工由企业自行安置有困难到社会待业的，在待业期间，依法享受待业保险待遇。劳动行政主管部门和有关行政主管部门应当创造条件，帮助职工再就业。
If surplus employees have difficulty being placed by the enterprise and become unemployed, they shall, during the period of unemployment, enjoy unemployment insurance benefits in accordance with the law. Labor administrative departments and relevant administrative departments shall create conditions to help employees re-employ.
企业依照本规定兴办的独立核算企业安置的职工，按照国家有关规定纳入新办企业的职工人数和经济指标的统计范围。
Employees placed by independent accounting enterprises established by enterprises in accordance with these Provisions shall be included in the statistical scope of the number of employees and economic indicators of the newly established enterprises in accordance with relevant state regulations.
省、自治区、直辖市人民政府可以根据本规定制定实施办法。
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation measures in accordance with these Provisions.
本规定由国务院劳动行政主管部门负责解释。
These Provisions shall be interpreted by the labor administrative department of the State Council.
本规定自发布之日起施行。
These Provisions shall come into force as of the date of promulgation.