Recently, the Organization Department of the Shandong Provincial Committee of the Communist Party of China, the Shandong Provincial Department of Human Resources and Social Security, the Shandong Provincial Department of Finance, the Shandong Provincial Department of Science and Technology, and the Shandong Provincial Department of Education jointly issued the "Implementation Opinions on Supporting and Encouraging Professional and Technical Personnel in Public Institutions to Innovate and Entrepreneurship", encouraging professional and technical personnel from universities, research institutes and other public institutions to innovate and start businesses.
The "Opinions" proposes that public institutions can set up positions (referred to as "innovative positions") in accordance with the needs of innovative work (referred to as "innovative positions"), and adjust the position setting plan according to the position setting regulations. If the adjustment of job settings is difficult to meet the needs of innovative work, you can break through the total number of jobs and structural proportion restrictions and apply for the establishment of special positions.
"Opinions" mainly support and encourage professional and technical personnel in public institutions to innovate and start businesses from four aspects:
select professional and technical personnel to go to enterprises to work or participate in project cooperation;
supports and encourage professional and technical personnel in public institutions to innovate part-time or start businesses on-the-job;
supports and encourage professional and technical personnel in public institutions to leave their posts to innovate and start businesses;
supports and encourages public institutions to set up innovative positions.
In the specific incentive measures to support and encourage professional and technical personnel of public institutions to leave their posts and innovate and start businesses, the "Opinions" clearly state that professional and technical personnel of public institutions will support and encourage professional and technical personnel of public institutions to leave their posts and start technology-based enterprises or to carry out innovation work in enterprises. The term of starting a business after leaving the job shall generally not exceed 3 years. During the period of leaving the job, personnel relations shall be retained and basic wages shall be paid as stipulated by the state. The personnel files shall be kept by the unit where the personnel relations are located, and the service life shall be calculated continuously. After the expiration of the period of starting a business, if the conditions meet in accordance with relevant national regulations, the period of approval may be extended accordingly with approval, but the maximum period shall not exceed 3 years. If the first time you leave your job and start a business is less than 5 years away from the national retirement age, the term of departure from your job and start a business can be extended to retirement. During the period when leaving the job to start a business, public institutions shall not terminate their personnel relationship on the grounds of leaving the job to start a business.
The "Opinions" also proposes to support and encourage public institutions to set up innovative positions. Public institutions may set up positions (referred to as "innovative positions") in accordance with the needs of innovative work, and adjust the position setting plan according to the position setting regulations. If the adjustment of job settings is difficult to meet the needs of innovative work, you can break through the total number of jobs and structural proportion restrictions and apply for the establishment of special positions.
Innovative positions can be selected through internal competition or public recruitment. Based on the actual situation of innovation work, public institutions can explore the implementation of flexible and flexible working hours in innovative positions, so that staff can reasonably arrange time to carry out innovative work.
Performance salary distribution in public institutions should be tilted towards staff who have made outstanding achievements in innovative positions. The reward income for the transformation of scientific and technological achievements obtained by staff in innovative positions in accordance with the law will not be included in the unit's performance salary.
Public institutions can set up mobile positions to attract part-time jobs in corporate management talents, scientific and technological talents and overseas high-level innovative talents with innovative experience, or hire retired professional and technical first-level second-level positions. Public institutions may pay labor fees for personnel hired in mobile positions as required.
Public institutions shall enter into an agreement with personnel in mobile positions to clarify the work period, content, time, requirements, conditions, remuneration, confidentiality, and ownership of results. If the person employed in a mobile position does not live in the same city, he or she can apply for housing subsidies according to regulations, and can apply for medical insurance in other places, supplementary medical insurance and other benefits. Employees with mobile positions can apply for scientific research projects, financial support, honors and rewards in the name of the employing unit. If the employment agreement is terminated or terminated, the project and funds will be retained to the project application unit.
Professional and technical personnel from public institutions outside the province will work in Shandong public institutions, participate in project cooperation, work part-time innovation, and apply for innovative positions and mobile positions. The public institutions engaged in innovation and entrepreneurship will provide work subsidies and corresponding housing subsidies according to regulations.
"Opinion" full text is as follows:
Organization Department of the Communist Party of China Shandong Provincial Committee
Shandong Provincial Department of Human Resources and Social Security
Shandong Provincial Department of Finance Shandong Provincial Department of Science and Technology Shandong Provincial Department of Education
Implementation Opinions on Supporting and Encouraging Professional and Technical Personnel in Public Institutions to Innovate and Entrepreneurship
Lu Human Resources and Social Security Regulations [2018] No. 1
The Organization Departments of the Party Committees of all municipalities, the Human Resources and Social Security Bureau, the Finance Bureau, the Science and Technology Bureau, and the Education Bureau of all provincial departments (units), and universities:
In order to implement the central government, the provincial party committee and government on accelerating the implementation of the innovation-driven development strategy, deepening the reform of the system and mechanism of talent development, and vigorously promoting mass entrepreneurship and innovation, in accordance with the "Guiding Opinions of the Ministry of Human Resources and Social Security on Supporting and Encouraging the Innovation-Entrepreneurship and Entrepreneurship of Professional and Technical Personnel in Public Institutions" (Ministry of Human Resources and Social Security [2017] No. 4), and other relevant regulations, this implementation opinion is now formulated on supporting and encouraging professional and technical personnel in public institutions to innovate and start businesses.
1. Overall requirements and basic principles
(I) Overall requirements . Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we will fully implement the spirit of the 19th National Congress of the Communist Party of China, better play the demonstration and guiding role of public institutions in scientific and technological innovation and "mass entrepreneurship and innovation" activities, stimulate the vitality of scientific and technological innovation and enthusiasm of professional and technical personnel of universities, research institutes and other public institutions (hereinafter referred to as "public institutions") to do things and start businesses, improve the incentive mechanism oriented towards increasing the value of knowledge, promote the rational flow of talents, create a policy and institutional environment conducive to innovation and entrepreneurship, promote the collaborative innovation of science and technology, accelerate the construction of an innovative province, promote the transformation of new and old kinetic energy, and provide strong talent and intellectual support for the construction of a strong economic and cultural province.
(II) Basic principles.
- Adhere to the effectiveness of collaborative innovation in enterprises and institutions, and strengthen the source support for enterprise technological innovation.
- Adhere to the talent and technical advantages of public institutions, encourage professional and technical personnel of public institutions to make rational use of their time, tap innovation potential, accelerate scientific and technological innovation, and promote the rapid transformation of scientific and technological achievements into real productivity.
- Adhere to the decisive role of the market in the allocation of talent resources, improve talent mobility, maximize the stimulation and release the vitality of innovation and entrepreneurship, and promote the rapid industrialization of scientific and technological innovation achievements.
2. Support and encourage policy measures
(I) Support and encourage public institutions to select professional and technical personnel to work in enterprises or participate in project cooperation
1. Public institutions may select professional and technical personnel to work in enterprises or project cooperation to participate in R&D platform construction, carry out innovative project cooperation, technical research and technological achievements transformation, etc.
2. Public institutions select professional and technical personnel to go to the enterprise to work or participate in project cooperation. Public institutions, professional and technical personnel, and enterprises shall sign a work or participate in project cooperation agreement, and agree on the work period, remuneration, reward and other rights and obligations; they may also sign an agreement to agree on new technologies, new materials, new varieties, and intellectual property protection matters such as the transfer of results and development income formed by professional and technical personnel services.
Public institutions shall, based on actual conditions, change the employment contract of professional and technical personnel in accordance with relevant regulations and on-the-job agreements or participating project cooperation agreements, and agree on job responsibilities, work tasks, salary and benefits, etc.
3. During the period when professional and technical personnel of public institutions go to the enterprise to work or participate in project cooperation, the on-the-job personnel in the unit where the personnel relationship is located have the same rights as those in the professional title review, project application, job competition, training, assessment, and rewards.
4. Professional and technical personnel of public institutions go to the enterprise to work or participate in project cooperation for more than half a year. The enterprise of public institutions shall issue annual assessment opinions, and the enterprise of public institutions shall determine the assessment results of the personnel of public institutions in accordance with relevant regulations.
5. After the period of posting or participating in project cooperation, professional and technical personnel should return to the unit where the personnel relations are located on schedule. In accordance with relevant regulations, public institutions should give priority to those with outstanding performance when hiring positions. If the work you are engaged in is not finished after the expiration of the period, the three parties of public institutions, professional and technical personnel, and enterprises may renew the agreement through unanimous agreement.
6. If professional and technical personnel reach an agreement with the enterprise and voluntarily move to the enterprise to work, the public institution shall promptly terminate the employment contract with them and complete relevant procedures.
(II) Support and encourage professional and technical personnel of public institutions to innovate part-time or start businesses on-the-job
7. Support and encourage professional and technical personnel of public institutions to innovate part-time in enterprises, universities, scientific research institutions, social organizations similar to their business areas, or use entrepreneurial projects related to their majors to start businesses.
8. Professional and technical personnel in public institutions should innovate part-time or start a business on-the-job basis, and should organize and implement it on the premise of ensuring the performance of their job responsibilities and completing their jobs.
9. If part-time job innovation is approved, public institutions shall sign a tripartite agreement with professional and technical personnel and part-time units, and make clear agreements on the period of part-time jobs, work content, work time arrangement, performance appraisal, part-time income, welfare, social insurance, confidentiality obligations, intellectual property ownership and other matters in accordance with the law.
10. If an enterprise is approved to start a job and the entrepreneurial project involves the intellectual property rights, technical secrets, and scientific research results of the public institution, the public institution, professional and technical personnel and related enterprises shall sign an agreement to clarify the distribution of rights and interests in accordance with the law and regulations.
11. If professional and technical personnel of public institutions voluntarily move to work in part-time units, or propose to terminate the employment contract during their on-the-job establishment, the public institutions shall promptly terminate the employment contract with them and complete relevant procedures.
12. If professional and technical personnel of public institutions apply for part-time innovation or start a business on-the-job, they shall apply in writing. After the consent of the public institution, the public institution shall publicize the part-time innovation and intention of professional and technical personnel to start a business on-the-job. If there is no objection or there is any objection, it will not affect part-time innovation or start a business on-the-job, the public institution shall submit the procedures for part-time innovation or start a business on-the-job after approval by the competent department (organizer).
(III) Support and encourage professional and technical personnel of public institutions to leave their posts to innovate and start businesses
13. Support and encourage professional and technical personnel of public institutions to leave their posts to start science and technology enterprises or to carry out innovation work in enterprises (hereinafter referred to as "off-job entrepreneurship").
14. If a professional and technical personnel leave their jobs and start their own business, the unit shall enter into a leave job entrepreneurship agreement with them, and make agreements on matters such as leaving job entrepreneurship, departure period, social insurance, confidentiality, income distribution, intellectual property rights, ownership of results, matters related to returning to work after leaving jobs, handling of breach of contract liability, and handling of disputes.
15. The term of starting a business after leaving the job is generally not more than 3 years. During the period of leaving the job, personnel relations will be retained, and the basic wages stipulated by the state will be paid. The personnel files will be kept by the unit where the personnel relations are located, and the service life will be calculated continuously. After the expiration of the period of starting a business, if the conditions meet in accordance with relevant national regulations, the period of approval may be extended accordingly with approval, but the maximum period shall not exceed 3 years. If the first time you leave your job and start a business is less than 5 years away from the national retirement age, the term of departure from your job and start a business can be extended to retirement.
During the period of leaving the job and starting a business, public institutions shall not terminate their personnel relationship on the grounds of leaving the job and starting a business.
16. During the period of leaving the job, the off-job entrepreneurs will continue to participate in social insurance at the unit where the personnel relations are located in accordance with the law. The social insurance premiums, housing provident fund and other required funds during the off-job entrepreneurs will be negotiated and determined by the public institution and the off-job entrepreneurs.
17. During the period of leaving the job to start a business, the off-the-job entrepreneurs shall implement management systems such as professional title evaluation, training, assessment, and rewards of the units where the personnel relationship is located.
Openers who leave their jobs should report their entrepreneurship to the unit where the personnel relations are located before December 15 each year, and their company will propose annual assessment suggestions, and the assessment level will be determined by the unit where the personnel relations are located. If the annual assessment results of off-job entrepreneurs are qualified or above, the salary level will be increased normally. If the entrepreneurial performance is outstanding and the annual assessment is determined to be excellent, it will not account for the excellent proportion of the assessment of the unit where the personnel relations are located. If the corresponding conditions are met, commendation and reward will be given. If the annual assessment results are in the unqualified grade, the unit where the personnel relations are located shall decide to leave the job and stop entrepreneurship and shall be handled in accordance with the relevant regulations on the assessment of staff of the public institution.
18. For positions vacant by entrepreneurs who leave their jobs during their leave, due to work needs, and with the approval of the organization at the same level and the human resources and social security department, it can be used to hire urgently needed talents in accordance with relevant national regulations.
19. If you are willing to return to the unit where the personnel relationship is located during the period of leaving the job or the expiration of the period, you should submit a written application to the unit where the personnel relationship is located 30 days in advance. The unit where the personnel relationship is located should arrange work according to work needs and personal conditions. If there are no corresponding vacancies, it can temporarily break through the total number of positions and gradually digest it, and change the employment contract accordingly.
20. If the relevant regulations on the management of staff of public institutions during their departure from their posts and entrepreneurship are violated, they shall be dealt with in accordance with the "Regulations on Personnel Management of Public Institutions" and other relevant policies and regulations.
21. If the unit where the personnel relationship between the off-job entrepreneurs is located is subject to abolishment, merger, or transformation reform, the off-job entrepreneurs shall notify them in writing to return to participate in the reform.
22. If professional and technical personnel of public institutions voluntarily move to the enterprise and propose to terminate the employment contract with the unit where the personnel relationship is located, the unit where the personnel relationship is located shall terminate the employment contract in accordance with the law.
If the expiration of the entrepreneurship period of leaving the job and fail to return as required without a legitimate reason, the unit shall terminate the employment contract with him, terminate the personnel relationship, and complete the relevant procedures.
23. Professional and technical personnel who undertake projects and projects involving national defense, national security and other projects leave their posts and start their own businesses shall be implemented in accordance with relevant national and provincial regulations.
24. Professional and technical personnel of public institutions must submit a written application by themselves. After the consent of the public institution, the unit shall publicize the intention of professional and technical personnel to leave their jobs and start their own business within the unit. If there is no objection to the public announcement or if there is any objection after verification, it will not affect the departure from the jobs and start a business, the public institution shall submit the procedures for leaving the jobs and starting a business after approval by the competent department (organizer). Among them, professional and technical personnel in confidential or special positions who leave their posts and start businesses shall be implemented in accordance with relevant national and provincial regulations.
25. If a professional and technical personnel who hold leadership positions in public institutions resign from their leadership positions, they may leave their posts to start a business. If the state and the province have other provisions on the leadership positions of public institutions leaving their posts to start a business, the regulations shall follow.
(IV) Support and encourage public institutions to set up innovative positions
26. Public institutions can set up positions (referred to as "innovative positions") in accordance with the needs of innovative work (referred to as "innovative positions"), and adjust the job setting plan according to the position setting regulations. If the adjustment of job settings is difficult to meet the needs of innovative work, you can break through the total number of jobs and structural proportion restrictions and apply for the establishment of special positions.
27. Public institutions shall clarify and refine the names, responsibilities, work standards and employment conditions of innovative positions according to work needs. The employment conditions require the ability and level of scientific and technological research and development, scientific and technological innovation, and scientific and technological achievements promotion that is consistent with the performance of job responsibilities.
28. Selected candidates for innovative positions can be generated through internal competition or public recruitment to the public.
29. Public institutions shall enter into or change employment contracts with innovative positions hired personnel. The content of the employment contract shall comply with the actual situation of innovative work, clarify the terms of contract term, job responsibilities, working conditions, salary and benefits, social insurance, contract changes, termination and termination conditions, breach of contract liability and other terms; the two parties shall reach an agreement and agree on intellectual property protection and other terms.
30. According to the actual situation of innovative work, public institutions can explore the implementation of flexible and flexible working hours in innovative positions, so that staff can reasonably arrange time to carry out innovative work.
31. Performance wage distribution of public institutions should be tilted towards staff who have made outstanding achievements in innovative positions. The reward income for the transformation of scientific and technological achievements obtained by staff in innovative positions in accordance with the law will not be included in the unit's performance salary.
32. Public institutions can set up mobile positions to attract part-time jobs in corporate management talents, scientific and technological talents and overseas high-level innovative talents with innovative experience, or hire retired professional and technical first-level second-level positions.
33. Public institutions may pay labor fees for employees employed in mobile positions as required.
34. Public institutions shall enter into an agreement with personnel in mobile positions to clarify the work period, content, time, requirements, conditions, remuneration, confidentiality, and ownership of results.
35. If the person employed in a mobile position does not live in the same city, he or she can apply for housing subsidies according to regulations, and can apply for medical insurance in other places, supplementary medical insurance and other benefits.
36. Employees with mobile positions can apply for scientific research projects, financial support, honors and rewards in the name of the employing unit. If the employment agreement is terminated or terminated, the project and funds will be retained to the project application unit.
37. Professional and technical personnel from public institutions outside the province will work in Shandong public institutions, participate in project cooperation, work part-time innovation, and apply for innovative positions and mobile positions. The public institutions engaged in innovation and entrepreneurship will provide work subsidies and corresponding housing subsidies according to regulations.
(V) Other matters
38. The relevant work achievements and achievements achieved by professional and technical personnel in public institutions during their innovation and entrepreneurship are important basis for their professional title evaluation, job recruitment, assessment and rewards, project application, and evaluation of the first place.
39. All levels should focus on the role of universities, research institutes and other institutions with the functions of scientific and technological research or technology application promotion in innovation and entrepreneurship, and focus on encouraging and supporting professional and technical personnel who master scientific and technological achievements or applied technologies and have the ability to transform scientific and technological achievements in innovation and entrepreneurship in various ways.
40. If there are other provisions for professional and technical personnel who hold leadership positions in public institutions, the provisions shall follow.
41. If there are other provisions in national and provincial laws and regulations, the provisions shall prevail.
3. Organize and implement
(I) We must fully understand the importance of supporting and encouraging professional and technical personnel in public institutions to participate in innovation and entrepreneurship. Human Resources and Social Security Bureaus at all levels, relevant departments (units), universities, research institutes and other institutions should establish a sense of the overall situation, emanate their minds, boldly innovate, strengthen policy publicity, work together to stimulate and release the vitality of talents in innovation and entrepreneurship, and create a good environment for guiding and supporting innovation and entrepreneurship. All levels, departments and units should promptly study and resolve new situations and new problems encountered in the implementation of the policy, and report major problems to the Provincial Department of Human Resources and Social Security in a timely manner.
(II) We must fully mobilize professional and technical personnel's enthusiasm for innovation and entrepreneurship. Universities, scientific research institutions and other institutions should play an important role in the construction of the province's innovation system, formulate specific implementation measures, continuously improve incentive policies and guarantee measures, and effectively solve the worries of professional and technical personnel; they should strengthen standardized management, establish and improve internal management systems, standardize procedures, and strictly prohibit favoritism, fraud and fraud.
(III) We must make full use of supervision and inspection methods to ensure that innovation and entrepreneurship work is healthy and orderly. Universities, scientific research institutions and other institutions must strictly implement relevant policies and regulations to ensure that all policies and regulations are implemented in place. If the implementation is not carried out in accordance with the regulations, serious treatment should be given in accordance with the relevant regulations. Before September 30, public institutions shall submit the situation of innovative and entrepreneurial personnel and summary materials to the competent department (organizer) and the human resources and social security department at the same level for filing in accordance with procedures. Human resources and social security departments at all levels should do a good job in supervision and inspection, summarize experience in a timely manner, analyze problems, set examples, publicize and model, and ensure the smooth progress of innovation and entrepreneurship work.
This Measures will be implemented from February 11, 2018 and will be valid until February 10, 2023 . The Shandong Provincial Department of Human Resources and Social Security "Notice on Clarifying Issues Related to the Leaving of Scientific Researchers in Universities and Research Institutes" (Lu Renshe Fa [2015] No. 69) will be abolished at the same time.
