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Order of the Shenzhen Municipal People' s Government
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(No.
19) |
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Measures of the
Shenzhen Municipality on Placement of Demobilized Conscripts
was deliberated and adopted at the 61st Executive
Meeting of the Municipal People' s Government, and now is
promulgated, it shall take
effect as of the date of
promulgation. |
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Li Youwei |
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Mayor |
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January 29, 1994 |
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Measures of the Shenzhen Municipality on Placement
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of Demobilized Conscripts
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Article 1 In order to make
a through job of placement of demobilized conscripts of the
Shenzhen City, these
measures are hereby formulated in
accordance with the state' s Regulations
on Placement of Demobilized Conscripts and in the light of
the specific conditions of the Shenzhen City. |
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Article 2 Placement
of demobilized conscripts shall be carried out according to the
principle of returning
there where coming from and placing
properly. |
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Any units and departments (not including exclusively
foreign-owned enterprises) shall fulfill the obligation to place
demobilized conscripts. |
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Article 3 Placement
of demobilized conscripts shall be carried out under the
leadership of the municipal,
district people' s governments.
The municipal, district offices of placement of demobilized
conscripts
(hereinafter referred to as the placement offices)
are the working offices of the people' s governments at
respective levels which are in charge of the daily work of
placement of demobilized conscripts. |
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The related departments of the municipal, district
people' s governments, sub-district offices shall give
assistance to the placement offices to make a through job of
placement of demobilized conscripts. |
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Article 4 The
quota of persons approved for employment, which are needed for
the demobilized conscripts who
had been conscripted from the
Shenzhen City and those who had been conscripted from other
regions
but shall be placed by the Shenzhen Municipality
according to Article 10 of these measures, shall be directly
under the state planning, placement may be done in advance, and,
after the planned quota has been
assigned, there shall be a
unified balance. |
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Article 5 The
funds needed for placement of demobilized conscripts shall be
entered in fiscal budgets, and
used for reception, transfer,
training, social insurance and temporary subsidy of demobilized
conscripts. |
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The funds referred to in the above section shall be used
for the specified purposes only, any units and individuals
shall
not misappropriate them. |
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Article 6 Within
30 days from the date of returning to the place of registered
permanent residence, a demobilized
conscript shall bring the
certificate of demobilization and the reference from armed
forces to
report to the local conscription office and placement
office, register for reserve service, and bring the certificate
from the placement office to the local departments of public
security, food to register for residence
and food supply. |
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Article 7 If
the registered permanent residence of a demobilized conscript
before conscription was in the
rural area of the Shenzhen City,
the placement shall be done according to the following rules: |
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(1)
if the demobilized conscript has no house indeed or lacks
housing badly, and also has real difficulties to build
a house
on his own or through collective assistance, the district
people' s government and its
agencies shall help to provide the
necessary housing conditions; |
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(2)
if the demobilized conscript has specialized knowledge
and skills, enterprise and institutional units recruiting
in the
rural area shall give priority to his employment; |
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(3)
if the demobilized conscript is to engage in production
in agriculture, stock raising, and fishery, the related local
departments shall give active support, help to find out the
needed sites, offer a preferential
treatment in providing loans
and supplying means of production; |
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(4)
if the registered permanent residence of the demobilized
conscript before conscription had been that of his parents,
during the period of time of his service the parents formally
moved to an urban area (the residence
with self-supplying food),
now he wants to have the same permanent residence as his
parents' in
compliance with the related rules on settlement
residence, the residence may be arranged in an urban area (the
residence with self-supplying food), but the placement office
shall not be responsible for assigning
a job. |
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Article 8 If
a demobilized conscript had a registered permanent |
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residence
in a rural area before conscription and meets one of the
following conditions at the time
of being demobilized, the
placement office shall assign a job in an enterprise or
institutional
unit of the township in the locality of the
registered permanent residence, the related departments shall
exempt the demobilized conscript from charge for increase in
urban size: |
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(1)
the demobilized conscript has satisfied the requirements
of the state and Guangdong Province for change of a registered
permanent residence into a urban one; |
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(2)
part or the total of cultivated land of the village for
the demobilized conscript' s residence have been requisitioned
because of the needs of the state construction, and the
demobilized conscript is willing to accept
an assignment. |
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Article 9 If
a demobilized conscript had a registered permanent |
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residence
in an urban area but no job before conscription, the municipal
people' s government shall
assign a pre-allocated quota of
people approved for employment, the district people' s
government
shall be responsible for placement which should be
done just for once. The department of labor shall take charge
of
the specific placement jointly with the placement office. |
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Article 10 If
a demobilized conscript had lived together with the parents
before conscription in other regions,
during the period of time
of his service the parents moved in the Shenzhen City (the
registered
permanent residence in an urban area), and he wants
to have a registered permanent residence in the locality of
his
parents' residence, the local police station of the locality
of his parents' residence and
the units they are affiliated
with shall issue a certificate, after the municipal placement
office
has approved, the placement may be made in the Shenzhen
City except there are other rules of the state. |
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Article 11 The
units accepting the wounded and disabled demobilized conscripts
of the second, third grades
shall not discriminate against them;
shall not lay off them without justification. |
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Article 12 When
the demobilized conscripts suffering from mental disorder or
leprosy are demobilized, the armed
forces shall, before their
demobilization, ask for approval from the placement offices of
the localities
where they will settle down as their registered
permanent residences, and, after approval, assign people to
escort them to the units agreed upon through consultation. If
such demobilized servicemen have to go
to hospital for medical
treatment, the local departments of civil administration, health
shall
accept them. The expenses for medical treatment, medicine,
and hospitalization shall be paid according to the following
rules: |
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(1)
in case of having no job before conscription, the
expenses shall be paid from local public finance of the locality
where the demobilized conscripts settle down; |
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(2)
in case of being regular employees (including contracted
employees) before conscription, the departments of medical
insurance shall pay for those who participated in medical
insurance; the original units shall pay
for those who did not
participate in medical insurance. |
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Article
13 In
case of being placed in enterprises or institutional units of
which all the employees are under
the labor contract system, the
demobilized conscripts are also under the labor contract system
without exception. The placement units and demobilized
conscripts shall sign labor contracts in accordance with
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related rules on labor recruitment. |
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The placement units shall not lay off the placed
demobilized conscripts without justification. |
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When demobilized conscripts need reemployment after the
termination of labor contracts because of expiration, the
departments of labor or employment agencies shall give them
preferential treatment among those
of the equal qualifications
waiting for employment. |
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Article 14 If
demobilized conscripts had been the regular employees of the
state organs, people' s organizations,
enterprises and
institutional units before conscription, they shall, after being
demobilized, return
to the original units to resume their jobs,
posts; if the original units have been merged, the units after
merger shall be responsible for placement; if the original units
have been divided, the placement offices
shall designate the
units after division for placement; if the original units have
been closed,
the departments of labor shall take charge of
placement jointly with the placement offices. |
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Article 15 If
demobilized conscripts had been students before conscription who
did not graduate from school,
and they request returning to
school after being demobilized, the original schools shall
approve
their returning in the next semester after
demobilization. |
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Article 16 If
demobilized conscripts have entered themselves for examinations
to be admitted to institutions
of higher learning and secondary
technical schools, recruiting institutions and schools shall
give
them preferential treatment in admission among those
candidates of the equal qualifications. |
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Article 17 If
a demobilized conscript falls into one of the following
situations, the placement office shall
not be responsible for
assigning a job: |
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(1)
to have failed to meet the conditions prescribed in
Article 2 of Regulations
on Placement of Demobilized Conscripts and withdrawn from
active service ahead of time; |
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(2)
to be expelled from military service or have the name
removed from the rolls by armed forces; |
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(3)
to be sentenced to fixed-term imprisonment or
rehabilitation through labor for committing a crime during the
period of time of serving in armed forces or waiting for
assignment after being demobilized; |
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(4)
to have failed to report to the placement office or to
register for reserve service after three months from the date
of
being discharged from active service; |
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(5)
to have failed to report for duty for more than one month
from the date of receiving the notice of job assignment
after
being demobilized, or refused to accept the assigned job. |
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Article 18 The
length of active military service shall be the period of time
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the
date of approval to be conscripted to the date of approval to be
demobilized; in case of reaching
10 months, it shall be
calculated as 1 year. |
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If a demobilized conscript in an urban area has been
waiting for assigning a job, the length of military service
and
the period of time of waiting for assigning a job shall be added
together as the length of
consecutive service for this
demobilized conscript' s seniority; if this demobilized
conscript
had been the employee of a state organ, enterprise, or
institutional unit before being conscripted, the length of
service before conscription, the length of military service, and
the period of time of waiting
for assigning a job shall be added
together as the length of consecutive service, and this
demobilized
conscript shall enjoy the equal treatment as anyone
of the personnel of the unit this demobilized conscript is now
with. |
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If
a demobilized conscript had been a teacher working at a school
run by local people and have still
been engaged as a teacher
working at a school run by local people, the length of teaching
before
conscription, the length of military service, and the
length of teaching after being demobilized shall add together
as
the length of consecutive teaching. |
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Article 19 A
placement unit shall not apply the apprenticeship system and
probation system to the demobilized
conscripts assigned to this
unit according to rules. When a placement unit sets a level of
the
wage scale for a demobilized conscript for the first time,
it shall not lower than the average standard wage of
employees
of the same type of work, the same length of service in the
current post. |
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As
for a demobilized conscript who has been awarded the second
class or higher merit, the wage may
be set according to the
above rules and then raised by one level. |
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Article 20 Placed
demobilized conscripts and the current employees of their
placement units shall enjoy the
same benefits; if they are equal
in qualifications, the placement units shall giver preferential
treatment to the placed demobilized conscripts in housing
assignment. |
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Article 21 If
a demobilized conscript had been a person with an urban
permanent residence in this city waiting
for employment and the
length of military service of this person is calculated as the
length of
service according to Article 18, the cost of social
insurance of this demobilized conscript which should have a
deferred payment shall be paid by the placement office from an
appropriation from the district
public finance. |
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If
a demobilized conscript had been a regular employee before
conscription, the cost of social insurance
of this demobilized
conscript which should have a deferred payment shall be dealt
with according
to the rules of the municipal government. |
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Article 22
If a unit has refused to accept or intentionally deferred to
accept demobilized conscripts in violation
of these measures,
the departments of labor shall not approve this unit' s quota
of persons for
employment in two years; the related departments
may impose an administrative sanction on the person in charge of
the unit. |
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Article 23 These
measures shall take effect as of the date of promulgation. If
the related rules promulgated
by the Shenzhen municipality in
the past have conflicts with these measures, these measures
shall
be taken as the standard for implementation. |
