Notice on Further Promoting the Development of Service Outsourcing Industry
[RSBF (2010) No. 56]
Human resources and social security departments (bureaus), commerce departments (bureaus), labor security bureaus and commerce bureaus of Xinjiang Production and Construction Corps of all provinces, autonomous regions and municipalities directly under the Central Government:
In order to encourage the accelerated development of China's service outsourcing industry, in accordance with the requirements of the Reply of the General Office of the State Council on Encouraging the Accelerated Development of the Service Outsourcing Industry (GBH [2010] No. 69), we hereby notify the following issues on further improving the implementation of the special working hour system for service outsourcing enterprises:
1、 We will expand the scope of application of the special working hour system for service outsourcing enterprises.
For the technologically advanced service outsourcing enterprises outside the service outsourcing demonstration cities that meet the conditions and have standardized labor management, and for the posts that cannot implement the standard working hour system due to the production characteristics, the irregular working hour system can be implemented for the employees whose software design, technology research and development, senior management and other work cannot be measured by the guaranteed working hours or need to work flexibly with the approval of the local human resources and social security department; For employees who need to work continuously for a period of time due to the special nature of their work, a comprehensive working hour system shall be implemented.
For the technologically advanced service outsourcing enterprises outside the service outsourcing demonstration cities that meet the conditions and have standardized labor management, and for the posts that cannot implement the standard working hour system due to the production characteristics, the irregular working hour system can be implemented for the employees whose software design, technology research and development, senior management and other work cannot be measured by the guaranteed working hours or need to work flexibly with the approval of the local human resources and social security department; For employees who need to work continuously for a period of time due to the special nature of their work, a comprehensive working hour system shall be implemented.
2、 Strengthen the management and service of the special working hour system for service outsourcing enterprises.
The administrative measures for examination and approval of the special working hour system for technologically advanced service outsourcing enterprises shall be determined by the provincial human resources and social security department in accordance with the principle of facilitating enterprises. If the municipal human resources and social security department where the technologically advanced service outsourcing enterprise is located is responsible for the approval, it shall be reported to the provincial human resources and social security department for the record. We should further simplify the approval process, improve the efficiency of approval, and provide fast and high-quality services for enterprises.
We should know that service outsourcing enterprises that implement the special working hour system should formulate specific implementation plans according to law, standardize labor employment management, reasonably determine the labor quota, improve the performance assessment and evaluation of employees who implement the irregular working hour system, implement the working hour attendance method of employees who implement the comprehensive working hour system, scientifically arrange the work and rest time of employees, and effectively guarantee the employees' right to rest and vacation.
The provincial human resources and social security department shall do a good job in the statistics of the number of posts and employees of the service outsourcing enterprises that implement the special working hour system, the irregular working hour system and the comprehensive working hour system, and report to the Ministry of Human Resources and Social Security for filing in January and July of each year, and copy to the Ministry of Commerce and the competent commercial department at the same level.
The administrative measures for examination and approval of the special working hour system for technologically advanced service outsourcing enterprises shall be determined by the provincial human resources and social security department in accordance with the principle of facilitating enterprises. If the municipal human resources and social security department where the technologically advanced service outsourcing enterprise is located is responsible for the approval, it shall be reported to the provincial human resources and social security department for the record. We should further simplify the approval process, improve the efficiency of approval, and provide fast and high-quality services for enterprises.
We should know that service outsourcing enterprises that implement the special working hour system should formulate specific implementation plans according to law, standardize labor employment management, reasonably determine the labor quota, improve the performance assessment and evaluation of employees who implement the irregular working hour system, implement the working hour attendance method of employees who implement the comprehensive working hour system, scientifically arrange the work and rest time of employees, and effectively guarantee the employees' right to rest and vacation.
The provincial human resources and social security department shall do a good job in the statistics of the number of posts and employees of the service outsourcing enterprises that implement the special working hour system, the irregular working hour system and the comprehensive working hour system, and report to the Ministry of Human Resources and Social Security for filing in January and July of each year, and copy to the Ministry of Commerce and the competent commercial department at the same level.
3、 Do a good job in implementing the policy of "five postponements, four reductions and three subsidies" for service outsourcing enterprises.
For service outsourcing enterprises that meet the requirements of "five postponements, four reductions and three subsidies", local human resources and social security departments should include them in the scope of policy implementation, and give policy support in accordance with the provisions of the Notice on Further Improving the Unestablished Employment Situation to Reduce the Burden of Enterprises (RSBF [2009] No. 175).
Ministry of Human Resources and Social Security Ministry of Commerce
August 6, 2010
For service outsourcing enterprises that meet the requirements of "five postponements, four reductions and three subsidies", local human resources and social security departments should include them in the scope of policy implementation, and give policy support in accordance with the provisions of the Notice on Further Improving the Unestablished Employment Situation to Reduce the Burden of Enterprises (RSBF [2009] No. 175).
Ministry of Human Resources and Social Security Ministry of Commerce
August 6, 2010
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