Temporary procedure
(Reference template)
Chapter I General Principles
First, thoroughly implement the Law of People's Republic of China (PRC) on Promoting the Transformation of Scientific and Technological Achievements (revised on 20 15) and the Opinions of the State Council on Further Improving Employment and Entrepreneurship under the New Situation (Guo Fa [2065438+05] No.23). The Guiding Opinions of Ministry of Human Resources and Social Security on Supporting and Encouraging the Innovation and Entrepreneurship of Professional and Technical Personnel in Institutions (Ministry of Human Resources and Social Security [2065438+07] No.4) promotes the transformation of scientific and technological achievements in this unit, deepens the reform of talent development system, encourages professional and technical personnel to invest in "mass entrepreneurship and innovation", and protects the rights and interests of entrepreneurs who leave their posts. According to the relevant policies of the state and the actual situation of this unit, these measures are formulated.
Article 2 The professional and technical personnel involved in these Measures refer to the professional and technical personnel who work in XXX University or Institute (here, the name of the institution) (hereinafter referred to as "the unit" or "the unit"). Members of the leadership team, middle managers and other managers of this unit are all on-the-job professional and technical personnel. After resigning from leadership and management positions, you can apply to leave your job and start a business.
Article 3 The term "leaving one's post to start a business" as mentioned in these Measures refers to the situation that a unit retains the establishment and personnel relations of its public institution after the voluntary application of on-the-job professional technicians and the approval of the unit, and leaves the post employed by the unit within a certain period of time to start or become a shareholder in a technology-based enterprise full-time with scientific research achievements.
Article 4 The following persons shall not leave their posts to start businesses:
(a) the personnel currently in charge of major scientific and technological projects of the state, ministries or units;
(2) Personnel engaged in state secrets, national defense security scientific research projects and other related work;
(three) personnel who have an influence on the scientific research and related work of the unit;
(4) Persons who are under review and whose investigation has not yet reached a conclusion;
(5) Persons who are not allowed to leave their posts according to laws, regulations and policies.
Chapter II Policies and Measures
Article 5 With the approval of the unit to which they belong, professional and technical personnel may take their scientific research achievements abroad full-time to establish or participate in scientific and technological enterprises (hereinafter referred to as founding enterprises). Relevant personnel management issues shall be handled in accordance with the following provisions:
(a) leaving the business, with the consent of the unit, can retain their personnel relations for 3-5 years. During the period of leaving the company, the original employment contract was terminated.
(two) the resignation of entrepreneurs and the unit signed an agreement, agreed to leave the business period, work treatment, social insurance, distribution of rights and interests of scientific research achievements, dispute handling and other matters.
(three) during the start-up, the basic salary is paid by the unit. During the period of resignation, if he still undertakes the relevant work of his unit due to work needs, the resigned entrepreneur may receive the service fee according to the relevant regulations.
(4) During the period of leaving the company, the annual assessment shall be conducted by the unit according to the appraisal opinions issued by the founding enterprise, and if necessary, in-depth assessment may be conducted in the founding enterprise. Except for disciplinary action, administrative punishment and criminal punishment. , generally rated as qualified above, the file salary is adjusted normally. Outstanding entrepreneurial performance, the annual assessment was identified as excellent order, does not account for the outstanding proportion of the unit assessment.
(5) During the period of starting a business after leaving the post, the management system of unit title evaluation, training, assessment and reward can still be implemented for the entrepreneurs after leaving the post, and the salary of the entrepreneurs after leaving the post can be promoted normally. The achievements and achievements of entrepreneurship can be used as an important basis for the evaluation of professional titles, job competition and performance evaluation.
(six) the personal part of the social insurance and occupational annuity of the resigned entrepreneur shall be borne by himself, and may be withheld and remitted by the entrusting unit; The part borne by the unit shall be paid by the unit according to the original channel. Those who pay various social insurances and occupational annuities according to the regulations shall be included in the working years of the unit, and the working years shall be calculated continuously.
(VII) During the start-up, if a work-related injury occurs in a start-up enterprise, the start-up enterprise shall cooperate with the investigation and verification of the work-related injury, and the unit to which it belongs shall apply to the social insurance administrative department in the overall planning area for work-related injury identification and labor ability appraisal, and enjoy the treatment of work-related injury insurance in accordance with the provisions of the insured place.
(8) If I want to return to work during the period of resignation or expiration, I will resume the original employment contract (except for violations of law and discipline during the period of resignation and entrepreneurship, the post level will be lowered in accordance with the Interim Provisions on Disciplinary Actions of Staff in Public Institutions).
(9) If I want to terminate the employment contract during or after my resignation, I shall notify the unit in writing 30 days in advance; Failing to communicate and negotiate with the unit in advance, and failing to return on time at the expiration of the period, the unit shall, in accordance with the Regulations on Personnel Management of Institutions and relevant regulations, terminate the employment contract, terminate the personnel relationship, and transfer the files and social insurance procedures as required.
(10) Those who meet the retirement conditions stipulated by the state shall go through the retirement formalities in time according to the regulations, enjoy the treatment of retirees from public institutions according to the regulations, and no longer enjoy the treatment of entrepreneurs who have left their posts and related policies.
(eleven) during the venture, shall not engage in business activities in the name of the unit. If an entrepreneur who has left his post violates the law and discipline, the unit shall deal with it in accordance with the regulations on personnel management of public institutions and other relevant policies and regulations, and give disciplinary action or terminate the employment contract.
(12) During the period of starting a business after leaving the post, the national science and technology plans and fund projects undertaken by the entrepreneurs after leaving the post shall not be suspended in principle. If it is really necessary to suspend, the procedures shall be handled in accordance with the relevant management measures; Other scientific and technological projects undertaken by full-time entrepreneurs shall be handled by the unit and full-time entrepreneurs through consultation.
Chapter III Bidding Procedures
Article 6 Professional and technical personnel of this unit shall follow the following procedures when applying for leaving their posts to start a business:
(1) individual application. I submit a written application to the unit, and fill in the Application Form for Professional and Technical Personnel of Public Institutions to Leave their Posts and Start a Business, mainly explaining my intention, business plan, enterprise situation and other related matters.
(2) Department audit. The Personnel Management Department, the Science and Technology Management Department and the Assets and Finance Management Department shall review the application for starting a business after leaving the post and relevant materials, and ask relevant enterprises for information when necessary. After the materials pass the department audit, they shall be submitted to the leadership of the unit for decision-making:
1. The personnel management department of the unit shall review whether the applicant meets the requirements for starting a business after leaving the company;
2. The scientific research management department of the unit shall organize an expert committee to evaluate the scientific and technological achievements to be transformed into entrepreneurial achievements, clarify the ownership of existing achievements, and put forward suggestions on the intellectual property ownership and benefit distribution mechanism of related achievements after the establishment of the enterprise;
3. The unit assets and financial management department shall review the resource occupation of the established enterprise, and make clear whether it occupies the unit funds, venues and equipment, etc.
(3) unit decision-making. The leading group of the unit makes a decision on the application for starting a business after leaving the company and makes a written decision.
(4) sign an agreement. The off-the-job entrepreneurs sign an agreement with the unit to clarify the off-the-job entrepreneurship period, the rights and obligations of the off-the-job entrepreneurs, the dispute handling methods and other matters.
(5) filing. After the signing of the agreement, the personnel department of the unit will file the application, basic information of the personnel, the written decision of the unit and the description of the entrepreneurial project, and report it to the personnel management department of the competent unit or the comprehensive personnel management department of the institution at the same level for the record.
Article 7 If a resigned entrepreneur needs to return to his original unit during or after the start-up, he shall perform the following procedures:
(1) individual application. I submitted a written application to the unit 30 days in advance.
(2) personnel department audit. The personnel management department understands the work performance and achievements of the personnel during the period of leaving their posts to start a business, and arranges work for them in time after reviewing the certification materials of the entrepreneurs leaving the enterprise and the project.
(3) signing an employment contract. Returnees renew or re-sign employment contracts with their units.
(4) filing and archiving. The personnel management department will report the employment of returnees to the leading group, and report it to the personnel management department of the competent unit or the comprehensive personnel management department of the institution at the same level for the record.
Chapter IV Related Matters and Requirements
Article 8 During the period of starting a business after leaving the post, except under the circumstances stipulated by laws and regulations, the unit shall not ask to dissolve the personnel relationship of the entrepreneurs after leaving the post on the grounds of starting a business after leaving the post.
Article 9 When an off-the-job entrepreneur returns to work in the unit, if there are no vacancies in the corresponding professional and technical posts, the unit may temporarily break through the employment structure ratio and gradually digest it.
Article 10 When an entrepreneur leaves his post, the unit where he works shall go through the formalities of leaving his post or taking up his post in time. Units should strengthen the guidance, management and services for entrepreneurs who leave their posts, expand innovative and entrepreneurial channels, and provide necessary support for entrepreneurs who leave their posts. Entrepreneurs who leave their posts should consciously obey the management and assessment of the unit and report the entrepreneurial situation and the performance of the agreement to the unit in a timely manner.
Eleventh professional and technical personnel are allowed to carry out innovative and entrepreneurial activities through attachment and participation in project cooperation on the premise of performing their duties and completing their jobs. Specific personnel management matters, within the scope of the relevant policies and regulations of the state and the competent authorities (or local governments), shall be agreed by myself, the unit and the service enterprise in the form of signing a contract on the basis of full consultation.
Chapter V Supplementary Provisions
Twelfth professional and technical personnel to make use of their job achievements during the period of leaving their jobs and starting a business, in accordance with the "Interim Measures for the management of the transformation of scientific and technological achievements of XXX University or Institute (unit name)".
Thirteenth professional and technical personnel in the holding enterprises (including wholly-owned enterprises) of this unit do not belong to the above-mentioned vacation scope.
Fourteenth leading cadres to apply for leaving their posts to start a business should be handled according to the cadre management authority. If the non-professional technical personnel of the unit need to start a business outside the unit, they shall terminate the labor contract with the unit.
Fifteenth the management measures shall come into force as of the date of issuance, unless otherwise stipulated by the state.
Article 16 The Ministry of Personnel shall be responsible for the interpretation of these Measures.
The departure of public institutions has a far-reaching impact.
This is not only the signal and direction of deepening reform, but also the mass entrepreneurship and innovation 2.0.
The epidemic has had a great impact on the economy. To protect people's livelihood and employment, we must encourage more innovation and entrepreneurship.
Only when people in public institutions start businesses on the job, the original small and medium-sized enterprises will face another impact. Enterprises without market advantages and resource advantages will be more difficult.
Starting a business after leaving a public institution is similar to the reform of state-owned enterprises, but this move is more moderate and is both an opportunity and a challenge for relevant personnel.
In the short term, it can stimulate a new upsurge of innovation and entrepreneurship, but at the same time, we should also see the long-term impact and make corresponding regulations to avoid the loss of state-owned assets and form unfair competition among enterprises.
Hello, I'm glad to answer your question. The following answers are purely personal:
1. In recent years, the state has issued a document for institutions to leave their jobs and start businesses, and various provinces have also issued corresponding supporting documents according to actual conditions. For example, the following is our document in Heilongjiang.
At the same time, each unit has also issued corresponding implementation rules according to its own situation.
2. When leaving to start a business, the unit should have presented the provincial documents and national documents to the entrepreneurs, and leaving the business requires the approval of the superiors. Under normal circumstances, the time for leaving the company is stipulated. Under normal circumstances, if you succeed in starting a business, you can continue to start a business, or you can leave the institution system and reduce staff. If your business doesn't go well, you can come back to work. If you don't return at the expiration of the period and don't notify the unit, according to the document of Heilongjiang Province, "If you don't return according to the regulations without justifiable reasons, the original unit should terminate the employment contract, terminate the personnel relationship and go through the relevant procedures." How to deal with this. Other provinces are estimated to have similar regulations. What I want to say here is that there is no justification, and the justification depends on how each unit determines it.
Please judge the above opinions by yourself, thank you!
Notify the unit and make preparations in advance. View the procedures for handling unpaid leave.
It depends on your time. Leave without pay and come straight back. Otherwise, he might have retired. There is no need to ask such questions! ! !