What Is a State-Owned Enterprise?

State-owned enterprises refer to wholly state-owned enterprises, wholly state-owned companies, and state-owned capital holding companies that perform the duties of funders on behalf of the State on behalf of the State and local people's governments. An enterprise formed by its progressive investment. ^[1]

State-owned enterprise

State-owned enterprises have a certain administrative nature. For historical reasons, the classification of state-owned enterprises is quite complex. For state-owned enterprises in China, state-owned enterprises are those that invest or hold more than 50% of state-owned assets. ^[7]

Whether in theory or from the history of the economic development of various countries, state-owned enterprises will play different roles in different stages of economic development, and their status in national economy and social life is also different.

The general appearance of state-owned enterprises began after the Second World War. As general monopoly capitalism transformed into

The nature of state-owned enterprises is

special

Employee name: ______________

unit:__________________

According to the relevant provisions of the _________ Provincial "_________" and the implementation measures of the labor contract management of our factory, after the ___________________ legal representative and _________ jointly negotiated, the two parties agreed to sign this labor contract.

I. Work content, labor protection and labor conditions

1. The factory implements an eight-hour work day and a weekly rest day.

2. The production positions of the printed and trademark workshops are implemented in two shifts per year, Huatai Paper Mill implements three shifts, and other shifts are implemented in one shift. However, in case of urgent tasks, the factory can organize overtime and pay reasonable overtime fee.

3. Types of work that are harmful to the health of employees, such as casting, sorting, typesetting, paper type, lead printing, and photoengraving, have protective measures such as ventilation and exhaust, and enjoy corresponding labor protection.

4. Except for typesetting and binding, it is basically mechanized and semi-automatic operation.

5. According to production and work needs, the factory provides employees with necessary safe and hygienic labor conditions and working environment in accordance with relevant national laws and regulations.

Second, the rights and obligations of enterprises

Rights: The right to manage, reward and punish employees in accordance with the "Regulations on Reward and Punishment of Enterprise Employees" adopted by the Executive Meeting of the State Council and the "Interim Provisions on Dismissal of Employees in Discipline of State-owned Enterprises" promulgated by the State Council and the relevant provisions of the "Regulations on Awards and Punishments of Employees of Our Factory".

obligation:

1. Educate employees on national laws, regulations, professional ethics, social order, and various corporate rules and regulations.

2. Provide technical training to employees to continuously improve their quality.

3. Strengthen labor safety and protection, continuously improve labor conditions, and ensure the health of employees.

4. Respect the legitimate rights and interests of employees, maintain the ownership status of employees, and fully mobilize the enthusiasm and creativity of employees.

Rights and obligations of employees

Rights: Employees who sign labor contracts enjoy equal work, study, participate in democratic management, receive labor remuneration, political honor, material encouragement, and enjoy labor insurance benefits.

obligation:

1. Strive to learn political culture and technology, and constantly improve ideological and political awareness and technical level.

2. Love your job, obey assignments, and work hard to complete production tasks.

3. Obey national laws, laws and related policies and various rules and regulations in the factory.

4. Take care of public property, machinery and equipment, production tools, and save raw materials and energy.

4. Labor compensation and insurance benefits

1. Probationary period salary: _________ grade _________ month _________ yuan.

2. Apprentice salary: _________ yuan.

3. Wages after positive: _________ yuan.

4. Salary after grading: _________ yuan.

5. Fund transfer promotion: _________.

6. Insurance benefits _________.

V. Labor Discipline

1. Observe relevant national laws and regulations.

2. Abide by the rules and regulations and labor discipline formulated by our factory.

Renewal, modification, termination, termination and breach of contract

1. Before the expiry of the labor contract, the enterprise and the employee can agree to renew the labor contract.

2. During the term of the labor contract, the enterprise and the employee can agree to change the labor contract.

3. During the term of the labor contract, the enterprise and the employee can agree to terminate the labor contract.

4. An enterprise may terminate a labor contract in the following circumstances:

(1) Those found not to meet the requirements for employment during the trial period.

(2) The employee fails to perform the labor contract and still fails to make corrections after being warned by the enterprise.

(3) The employee was removed, fired, dismissed, and reeducated through labor or sentenced.

(4) The employee is injured due to illness or non-work injury, the medical treatment is terminated, and the labor appraisal committee has identified that it has the labor capacity, and the enterprise allocates appropriate work, and I disobey.

(5) The enterprise is declared bankrupt with the approval of the relevant department, or the bankruptcy is on the verge of legal rectification.

5. The following situations

The enterprise shall not propose to terminate the labor contract:

(1) The term of the labor contract has not expired, and it does not meet the relevant provisions for termination of the labor contract.

(2) Those who suffer from occupational diseases or injuries due to work and have been identified by the Labor Appraisal Committee as meeting the disability rating.

(3) Female employees during pregnancy, childbirth and lactation.

6. Employees can propose to terminate the labor contract with the enterprise in the following situations:

(1) It is confirmed by the relevant state departments that the enterprise's labor safety and health conditions are bad, which seriously endangers the personal safety and physical health of employees.

(2) The enterprise cannot guarantee the payment of labor remuneration and other welfare benefits for more than three months in accordance with the provisions of the labor contract.

(3) The enterprise fails to perform the labor contract, or violates the laws and regulations of the country and violates the lawful rights and interests of employees.

(4) Those who have gone abroad or settled in Hong Kong, Macao, or Taiwan upon approval.

(5) Those who are admitted to colleges and technical colleges at their own expense with the consent of the enterprise.

7. Employees may not propose to terminate a labor contract in the following circumstances:

(1) The training provided by the company's public funds has not reached the service period stipulated in the negotiation.

(2) Those who have held important production, operation, and scientific research tasks in the enterprise, and the tasks have not been completed.

8. The labor contract ends on its own.

9. If any party proposes to terminate the labor contract, it must notify the other party one month in advance before the procedures for terminating the labor contract can be processed.

10. An employee who has signed a labor contract who violates the labor contract and causes economic losses in the factory shall be compensated according to the consequences and liability.

VII. Duration of the contract: From the _________ year ______ month _____ to the _________ year _____ month ______, a total of _________ years _______ months.

Eight, trial period: from _________ year ______ month ______ to _________ year _____ month ______ days, a total of _________ years _____ months

Nine, other matters

Labor disputes that arise during the performance of labor contracts are first mediated by the enterprise labor dispute mediation committee, and those who are not satisfied with the mediation shall be arbitrated by the labor dispute arbitration committee at or above the county level.

Unit (seal): __________________

Signature of Legal Representative):____________

_________year month day

Staff (Signature): __________________

_________year month day

U.S. SOEs

Federal Company Profile

US state-owned enterprises are commonly referred to as "federal companies." But what is a federal company? In the United States, it has been a matter of debate for decades. Legal documents and government reports, as well as academic discussions, have defined several federal companies, but they have not been unified. Even different legislative documents have different interpretations of federal companies. Therefore, some scholars even believe that "Federal companies should not be regarded as a special type of organization form. In fact, they are all products. As a group, its characteristic is that each company has a public-private mix and Varying degrees of property and control structure. "But in general, the main characteristics of federal companies can still be summarized as follows:

1. A federal company is an organization that is wholly or partially owned and controlled by the federal government or, although it is not owned by the federal government, is funded by the federal government and controlled or supervised by it.

As in other countries, capital investment remains a major factor in determining the nature of US federal companies. The vast majority of federal companies are invested and owned by the federal government, some are all invested and owned by the federal government, and some are jointly invested and owned by the federal and private organizations or individuals. In addition to federal companies formed by this investment control relationship, some companies controlled and monitored by the government are also considered federal companies under the federal government and funded by the federal budget. So-called government-funded enterprises.

2. A federal company is a form of organization between the public and private spheres that takes the form of a private organization that is mainly engaged in commercial activities and also performs government public functions. In terms of legal form, federal companies adopt the same corporate form as general private commercial organizations, and most of the federal companies' business activities are commercial activities for profit. But at the same time, because the purpose of the establishment of a federal company is basically to better manage and intervene in certain economic activities, and to replace the administrative agency to perform public functions, this gives the federal company a kind of Similar to the special nature of private legal persons, it also blurs the traditional boundaries of the public and private spheres.

3. A federal company is a self-sustaining, self-developing, and independently operating enterprise legal person organization. Regardless of whether the company is wholly owned, controlled, or partially controlled and federally funded, it has, without exception, an independent legal personality, owns its own property, independently assumes property responsibility, and conducts litigation in its own name. At the same time, it is exempt from administrative audits, budget management, and administrative scrutiny by federal administrative agencies, which sets it apart from other government administrative agencies and departments.

kind

In the United States, there is no specific legislation similar to corporate law that uniformly adjusts federal companies. Almost every piece of legislation is specific to a certain federal company. Each federal company is the result of special legislation. Therefore, as mentioned earlier, it is difficult to say that federal companies constitute a separate legal form as a whole, and its specific classification is even more difficult. Just as there is no unified definition of federal companies, there is no unified company classification, so only a few of the categories with greater impact are briefly introduced here.

The most effective legal document regarding federal companies is the Federal Corporation Control Act enacted during the New Deal in 1945. This law, as its name suggests, is not a basic law that systematically adjusts the legal relationship of federal companies, but only involves the federal government's management and supervision of federal companies. The law divides federal companies into two types: federal wholly-owned and mixed federal and private ownership, and lists the federal companies that existed under each type. The law requires all federally-owned companies to submit operating budgets as part of the federal budget. Must be subject to accounting review and supervision by federal agencies.

The official company classification, which has a large influence, is a report issued by the Federal Accounting Office in 1983. The report divided 47 federal companies into three categories: federally controlled companies, mixed public-private companies, and privately controlled companies. The distinguishing criteria are property and management structure. When the federal government is responsible for or provides the main management and property, it constitutes a federally controlled company, otherwise it is a privately controlled company and the middleman is a public-private mixed company. The Federal Accounting Office is the organization responsible for the financial audit of federal companies, and its classification has important practical significance.

Another influential classification is made by the National Institute of Public Management. It first divided federal agencies into two categories, government enterprises and government companies. Among them, government enterprises include various enterprises in the form of legal persons or unincorporated persons, such as the Federal Post in the form of unincorporated persons. What it calls government companies are specifically divided into wholly owned government companies, mixed-owned government companies, and private companies. The distinguishing criteria are the ownership of capital and the composition of board members. The private company here is different from the general private company in that it is established under a special government decree.

Scholars classify federal companies differently. In addition to affirming all the above-mentioned and mixed-owned federal companies, some have specifically proposed a "Twilight Zone" company. This kind of company refers to those governmental organizations that are ignorant of public and private status. They are neither like pure government agencies nor completely private organizations. They include both non-business, non-commercial and for-profit, commercial companies. The former was established to free their activities from political interference and to give them the capabilities and subjective activities that ordinary government agencies do not have. Such as the Public Broadcasting Corporation, which is responsible for approving public broadcast service licenses, but does not own any radio or television stations, but only assists the development and improvement of public telecommunications services and non-commercial television, by supporting national networking services or paying radio and television stations, Radio broadcast. The purpose of for-profit commercial companies is to evade the image of nationalization or enable the government to participate in private market activities without direct intervention. For example, the National Railway Passenger Company was a company established in the 1970s to prevent the abandonment of intercity rail passenger transportation services and to revitalize passenger transportation, making it a profitable business.

Some government documents (Budget Appendit of the United States, Jistal Year 1986, P.V-2) and scholars have also proposed a kind of "Government-sponsored Enterprises". The status of such enterprises is between private organizations and Among government agencies, although it is privately owned and basically privately invested, it is established with federal license and is subject to some form of federal supervision and management, engages in commercial activities authorized by Congress, and gives people federal support The impression, but in fact the federal does not necessarily invest any funds. Such government enterprises are known as spiritual nationalized enterprises, such as the Federal National Mortgage Association and the Student Loan Market Association.

In summary, due to the fragmentation of the creation process and the legal adjustment itself, the types of US federal companies are very complex, and it is difficult to make a systematic and strict division of them. Even many federal companies are classified as different types of companies by different legal documents or federal agencies. In comparison, among the above classifications, the classification made by the National Association of Public Management is more comprehensive and clear, and basically reflects the type and scope of federal companies.

Management agency

The management organization of a federal company basically takes the form of an ordinary commercial company. Except for a very small number of all companies that have a single-party leadership and are directly subject to government ministers, the vast majority implement board management and executive management systems. The difference is that their The nature and role of the board of directors, the selection process and its composition, and its relationship with the government are significantly different from those of ordinary commercial companies.

The board of directors of a federal company has a special meaning. It has two important functions. One is that it acts as an autonomous company's legal agency and is an intermediate link between Congress and corporate business management activities. That is, the policy decisions of Congress on federal companies, including budget plans and organizational adjustments, are implemented through the board of directors to the company's business executive agency. Secondly, the board of directors is an important means for the company to exclude political interference, so that the independent legal status of the company can be effectively guaranteed.

The appointment and composition of the board of directors of a federal company differs depending on the type of federal company. Of all the companies owned, generally more than 60% of the board members are appointed by the president, and the rest are composed of representatives of the relevant federal parties according to legal requirements. About half of the directors appointed by the president must also be representatives of various interest groups. For example, the board of a commercial lending company must be represented by three farmers; the board of an overseas private investment company must each have an employee, a small business, and a cooperative Most of the directors and directors appointed are federal employees. In some cases, even all members of the board of directors are served by federal employees. For example, the board of directors of the Annuity Guarantee Corporation is composed of the ministers of the Ministry of Labor, Commerce and Treasury. Some boards are appointed by the president or part-time by federal employees, and a few are elected by the board. Another outstanding feature of a wholly owned company is its close relationship with its executive authority. Two companies have no board at all, and they are single responsible agencies under the control of the minister. Another 13 companies do not have a board of directors, of which four are chaired by the cabinet minister, three are appointed by the president, two are federal employees, and the remaining four are elected by the board itself. Similarly, of the 13 companies that have boards, the general manager of five companies is elected by the board of directors, and the rest are appointed by federal employees or people appointed by the general manager.

Among mixed-owned companies, the federal government still plays a major role in the composition of its board of directors. Forty percent of directors are appointed by the president, and another 40% are also federal employees. Only about 20% of directors are elected by other shareholders. Unlike all owned companies, its chairman and president are elected by the board.

In privately controlled companies or so-called regional ambiguity companies, the influence of the federal government on the composition of the board of directors has been greatly reduced due to significant changes in the composition of capital. Directors appointed by the President generally do not exceed 25%. And there are only a few federal officials or representatives as directors. Board members are mainly selected by the company's shareholders, and its chairman and president are also appointed by the board of directors elected by shareholders. Among all-owned and mixed-owned federal companies, there is also an advisory board, whose members are composed of representatives from different aspects. Obviously, the composition of the management organization of a federal company is directly controlled and strongly influenced by the federal government. The degree of such control and influence depends on the degree of federal ownership of the company. In fact, among the existing federal companies, directors appointed by the president and federal officials constitute the majority of the board of directors in most federal companies. Private shareholders, with the exception of privately controlled companies, have a very weak role in the selection of boards of directors. This close relationship between the regulatory agency and the federal government is a very distinctive feature of the legal status of federal companies in the United States, and it reflects the nature of federal companies' administrative responsibilities.

Features

The biggest difference from China s much-loved state-owned enterprises is that the state-owned enterprises in the United States have a general status with little influence, and their gross domestic product accounts for only 5% of the country s GDP, and is subject to various constraints and controls in various aspects. The main characteristics of US state-owned enterprises are summarized as follows:

1. State-owned enterprises are only allowed to engage in industries that private individuals cannot do, do poorly or are not profitable, such as postal, public transportation, tap water, sewage treatment and environmental protection, museums, parks and forests, aviation control, some interstate power water conservancy and highways Railways, some ports, some military industries, aerospace, old and poor, and veterans' endowment and medical insurance.

2. State-owned enterprises at all levels are only responsible to the federal, state, and municipal councils. Their establishment and revocation, business scope and areas, pricing of goods and services, appropriation loans, executive appointments, dismissals, and salaries must be reviewed and approved by parliaments at the same level. The government can only strictly implement the supervision of its subsidiaries in accordance with the orders (bills) issued by the parliament. Large federal state-owned enterprises (such as the National Museum established in 1826 and the Tennessee River Basin Authority established in the 1930s) even have boards of directors, vice presidents, Democratic and Republican representatives, and popular representatives. In addition to being responsible to the federal parliament, the board must be supervised.

3. In order to reflect the legal principle of "public-private officials-people equality, and the government does not compete with the people," state-owned enterprises have basically no other privileges, except for the fixed appropriations approved by the government (such as the $ 130 million annual authority of the Tennessee River Basin Authority) There are explicit regulations that state-owned enterprises are not allowed to go public for financing.

4. State-owned enterprises have been established or withdrawn. The establishment basis is mostly based on the economic situation and social needs at the time, such as the Tennessee River Basin Authority established during the Great Depression of the 1930s.

5. The Federal Audit Office, which is part of the parliament rather than the government, strictly monitors state-owned enterprises. Once state-owned enterprise executives fail to perform their duties and dereliction of duty, they will be dismissed, or they will be punished by lawsuits and punished with huge sums of money.

The earliest state-owned company in the United States was the National Museum of Private Donation, which was administered by the government. The largest was the Tennessee River Basin Authority. The most widely distributed are the heavy-dealing postal departments and various city bus companies and subway companies (public transportation bureaus), tunnel administrations, water companies and sewage administrations.

As the world's number one military power, the U.S. government also does not have its own large military industrial enterprises (the limited military industrial enterprises of the federal and state are mainly responsible for the daily maintenance of equipment and the production of common parts and accessories). , Ordering from private companies through bidding, such as the world-famous F-16 fighter in the 1970s, that is, the government issued invitations to several private companies to develop tenders, and finally commissioned two companies that were shortlisted by Lockheed and General Dynamics After taking out the prototype and undergoing strict flight test and evaluation, Youzhixizi got the order, and then produced it under the strict supervision of the military, while the outbound company took away a development fee. When there is no order, the government and the private company each take their own Yangguan Road, which basically has no substance. Because of this, apart from the Labor Department, which is responsible for formulating and supervising labor policies, the US government does not have a large Ministry of Industry or National Defense Commission.

90% of American social assets are privately owned, and state-owned enterprises with a government background are naturally unable to make waves; national asset income accounts for a high proportion of total income (the sum of asset income and wage income), so GDP (GDP) ) Slight increase (2 ~ 3%), ordinary people can also taste the sweetness without looking at the data empty joy; because state-owned (government) enterprises account for a very small proportion of the social economy, when the economy encounters dangerous storms, the government is basically bystanders Instead of being in the game, you can come forward and retreat as a person, and you wo nt be affected by the whole body.

British state-owned enterprises

In 1980, the share of state-owned enterprises in the UK's GNP was 11%, compared with about 2%. Britain's handful of state-owned enterprises are mainly concentrated in the coal, railway, post and telecommunications industries. The output value accounts for 4% of GDP, and the number of employees in the total employment is only 2.5%. In the UK, state-owned enterprises are affiliated with various government departments, such as the British Coal Corporation belonging to the Department of Energy and the British Railway Corporation to the Department of Transport.

The British Conservative government has privatized state-owned enterprises on a large scale since taking office in 1979. So far, it has sold nearly 50 companies with a value of 50 billion pounds, making it a smaller and smaller share of the national economy .

The state-owned enterprise supervision mechanism in the United Kingdom is independent of the political process, and the supervision powers and responsibilities of various departments are determined by law, thereby maintaining a distance from politicians. However, historical experience shows that regulation alone is not enough. Introducing a competition system is often more helpful than intensifying supervision to motivate managers to increase efficiency and improve customer service. At the same time, it was found that not all state-owned sectors were in the domain of natural monopolies. For example, in the power industry, power plants can compete.

Under the original system, the operators of state-owned enterprises faced an uncertain environment, such as (1) ambiguous business goals; (2) government intervention; and (3) incentives that encourage people to try their best to avoid risks. The success of privatization is due to overcoming the aforementioned ills. As a result, British state-owned enterprises were reformed during Mrs Thatcher's tenure. After the reform, the government's intervention in economic activities has decreased, most state-owned enterprises have been privatized, the labor market has become more flexible, and the British economy has finally come out of a long-term "stagnation" situation.