中华人民共和国全民所有制工业企业法（二）

　　30 to ropose to the competent department of the government the appointment or removal， employment or dismissal of leading administrative cadres at the level of a vice-director of the factory， except as otherwise stipulated by law and the provisions of the State Council；

　　4） to appoint or remove， employ or dismiss the intermediate-level leading administrative cadres of the enterprise， except as otherwise stipulated by law；

　　5） to propose plans for wage adjustment and bonus distribution and importand rules and regulations， and refer them to the staff and workers' congress for examination and approval； to propose programmes for the use of the welfare fund and make suggestions regarding such other matters as are important for the well-being and benefits of the staff and workers， and to refer them to the staff and workers' congress for deliberation and decision； and

　　6） to reward or punish the staff members and workers according to law； to submit to the competent department of the government proposals for rewarding or punishing leading administrative cadres at the level of a vice-director of the factory.

　　Article 46 The factory director must rely on the staff members and workers for the fulfilment of the obligations of the enterprise prescribed in this Law， support the work of the staff and workers' congress， the trade union and other public organizations， and implement the decisions made according to law by the staff and workers' congress.

　　Article 47 The enterprise shall establish a management committee or some other forms of organization to assist the factory director in making decisions on important issues of the enterprise. The management committee， with the factory director as its chairman， shall be composed of leading persons in charge of various aspects of the enterprise and representatives of the staff and workers.

　　The important issues as mentioned in the preceding paragraph shall include：

　　1） the policy of operation， long-term and annual plans， programmes for capital construction and major technical transformation， plans for the training of the staff and workers， plans for wage adjustment， programmes for the distribution and use of the retained funds and programmes for contract and leasing systems of managerial responsibility；

　　2） the size of the personnel of the enterprise whose wages are counted as cost of the enterprise and the establishment and adjustment of administrative organs； and

　　3） programmes for the formulation， revision and abrogation of major rules and regulations.

　　Proposals for discussion of the foregoing improtant issues shall all be made by the factory director.

　　Article 48 Factory directors who have made outstanding achievements in leading the enterprises in fulfilling their plans， raising product or service quality， improving economic results or promoting cultural and ideological progress shall be rewarded by the competent department of the government.

　　Chapter V

　　The Staff and Workers and the Staff and Workers' Congress

　　Article 49 The staff and workers of the enterprise shall have the right to participate in its democratic management； the right to put foward opinions and suggestions concerning its production and work； the right to enjoy， according to law， labour protection， labour insurance， rest and vacation； and the right to report the true situation to state organs and make criticisms and charges against the leading cadres of the enterprise. Women staff and workers shall have the right to enjoy special labour protection and labour insurance in accordance with the provisions of the stare.

　　Article 50 The staff and workers should approach their work as the masters of the country that they are， should approach their work as the masters of the country that they are， observe labour discipline and the rules and regulations， and fulfil their tasks in

production and work.

　　Article 51 The staff and workers' congress shall be the basic form for the practice of democratic management in the enterprise and the organ for the staff and workers to exercise their powers of democratic management.

　　The working organ of the staff and workers' congress shall be the trade union committee of the enterprise. The trade union committee of the enterprise shall be responsible for the day-to-day work of the staff and workers' congress.

　　Article 52 The staff and workers' congress shall exercise the following functions and powers：

　　1） to hear and deliberate the factory director's reports on the policy of operation， long-term and annual plans， programmes for capital construction and major technical transformation， plans for the training of the staff and workers， programmes for the distribution and use of the retained funds and programmes for contract and leasing systems of managerial responsibility， and to put forward opinions and suggestions；

　　2） to examine and endorse or to reject the enterprise's programmes for wage adjustment， programmes for bonus distribution， measures for labour protection， measures for awards and penalties and other important rules and regulations；

　　3） to deliberate and decide on the programmes for the use of the staff and workers' welfare fund， programmes for the allocation of the staff and workers' housing and other important matters concerning the well-being and benefits of the staff and workers；

　　4） to evaluate and supervise the leading administrative cadres at various levels of the enterprise and put forward suggestions for rewarding or punishing them and for their appointment or removal； and

　　5） to elect， by decision of the competent department of the government， the factory director and report to such department for approval.

　　Article 53 Democratic management shall be practised in workshops through the general meetings of the staff and workers， through the staff and workers representative groups or through other forms； the workers shall participate directly in the democratic management of shifts and groups.

　　Article 54 The staff and workers' congress shall support the factory director in exercising his functions and powers according to law and shall educate the staff and workers for the fulfilment of their obligations specified in this Law.

　　Chapter VI

　　The Relationship Between the Enterprises and the Government

　　Article 55 The government or the competent department of the government shall， in accordance with the provisions of the State Council， issue unified mandatory plans to the enterprises， ensure the supply of materials which are subject to planned allocation and needed by the enterprises for the fulfilment of mandatory plans， examine and approve plans submitted by the enterprises for capital construction and major technical transformation， appoint or remove， reward or punish factory directors， appoint or remove， reward or punish leading administrative cadres at the level of a vice-director of a factory， as proposed by factory directors， and examine and train leading administrative cadres at the factory level.

　　Article 56 The relevant departments of the government shall， in conformity with the objective that the state regulates the market and the market guides the enterprises， provide services for the enterprises and exercise administration and supervision over the enterprises in line with their respective functions and in accordance with the provisions of the laws and regulations. These departments shall：

　　1） formulate and adjust industrial policies， and guide the enterprises in working out their development plans；

　　2） provide advice and information for the enterprises to make their operational decisions；

　　3） coordinate the relations between the enterprises and other units；

　　4） safeguard the normal pro

duction order of the enterprises， and protect from infringement the state property operated and managed by the enterprises； and

　　5） gradually improve the public facilities related to the enterprises.

　　Article 57 The local governments at or above the county level in the locality of an enterprise shall provide it with the needed materials which are subject to local planning and control， coordinate the relations between the enterprises and other units in the locality， and strive to run well the public welfare undertakings related to the enterprises.

　　Article 58 No state organ or unit shall be permitted to encroach on the right which the enterprise enjoys according to law to make its own decisions in operation and management， or to exact manpower， materials or financial resources from the enterprise by way of apportionment ，or to demand the establishment of an organ by the enterprise or to determine the size of the personnel of an organ.

　　Chapter VII

　　Legal Liability

　　Article 59 Whoever has conducted productive and operational activities in the name of an enterprise in violation of the provisions of Article 16 of this Law， without prior examination and approval by the government or the competent department of the government and without approval by and registration with the administrative authorities for industry and commerce， shall be ordered to suspend his business operations， and his illegal earnings shall be confiscated.

　　An enterprise that practises fraud in dealing with the registration authorities and conceals the true situation from them shall be given a warning or punished with a fine； where the circumstances are serious， its business license shall be revoked.

　　The administrative punishment prescribed in this Article shall be de

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