Research Update
10
OctOn October 10th, the conference on the research results of Beijing Municipal Pension Service Industry Integrity and Self-discipline Convention (Draft) was jointly held by the National Academy of Strategy and Development, Law School RUC and Beijing Pension Industry Association at Renmin University of China. The guests and representatives from all walks of life conducted in-depth discussions and exchanges on the draft.
According to the Beijing Municipal Bureau of Statistics, as of the end of 2017, the number of permanent residents aged 60 and over in Beijing was 3.582 million, accounting for 16.5% of the total resident population; the number of elderly residents aged 60 and over was 3.33 million, accounting for 24.5% of the total registered population. The aging of the population has become a major practical issue that Beijing must actively respond to. In recent years, Beijing's old-age service industry has developed rapidly, and the quality and level of old-age services have been effectively improved. However, it still faces problems such as the mismatch between the supply structure of old-age services and the rapid growth, the low degree of marketization and service quality. The phenomenon of damaging old people’s legitimate rights and interests has occurred from time to time.
In order to promote the standardized development of the old-age service industry in our city, strengthen the sense of self-discipline and credit consciousness in the old-age service industry, regulate the relevant behaviors of the old-age care institutions and employees, protect the legitimate rights and interests of the aged care institutions and employees, and create a good society for the cultivate elderly, filial piety and respect for the elderly, Beijing Pension Industry Association took the lead in organizing drafting the "Beijing Municipal Pension Service Industry Integrity and Self-discipline Convention", which is planned to be fully implemented in the city's old-age service industry when conditions are ripe. All the institutions in the city that are engaged in pension services will publicize the convention in a conspicuous position and strictly enforce it. The Beijing Pension Industry Association established an incentive and disciplinary mechanism to inspect and supervise the implementation and receive the supervision from the Civil Affairs Bureau and other competent departments.
In view of the wide scope of the work and the complicated situation, the Beijing Pension Industry Association decided to entrust a third party to carry out investigations and studies, drafting the “Beijing Municipal Pension Service Industry Integrity and Self-discipline Convention” and set up a special research group. The team leader is Mr. Huang Shisong, a research fellow of the NADS of Renmin University of China, a vice president of the Beijing Pension Industry Association, a representative of the Beijing Municipal People's Congress, and a member of the Financial and Economic Committee. The deputy leader are including: Mr. Shi Jiayou, a professor and doctoral supervisor of the Law School of Renmin University of China, executive director of the Civil and Commercial Law Science Research Center of Renmin University of China, Ms. Wang Yumei, a representative of the Beijing Municipal People's Congress, depuuty director
of central committee of legal affairs of China National Democratic Construction Association and Vice Chairman of Haidian District of Beijing People's Political Consultative Comittee and Ms. Zhangyu, founder of Beijing Longzhen Aged-caring Group. Other members include a number of law professors, senior lawyers, and front-line management personnel and pension service agencies.
The research team has always carried out the principle of proceeding from reality and adhering to the principle of problem orientation, and carried out extensive and in-depth investigation and research. The members of the research team went to a number of representative old-age care institutions to conduct on-the-spot visits, and conducted detailed exchanges and discussions with the heads of several old-age care institutions, and obtained a large amount of first-hand information. After investigation, the research team found that the relevant units in the old-age service industry generally have high expectations for the introduction of the convention; it is extremely necessary to consider that the self-discipline convention has become the common number and bottom line of the industry practitioners and practitioners. In addition, some problems and phenomena that need to be standardized are also found in the survey, including digging talents and robbing customers, the turnover rate of some units is relatively high, a few institutions charge huge fees to the elderly in advance, and the quality and responsibility of some employees need to be improved, and some institutions lack sufficient care for their employees.
Based on the actual problems learned in the survey, the research team has considered the need to make it simple for better understanding and supervision of old people, families and all walks of lift, at the same time, it has to list clear, complete, strict and normative operational requirements to make sure the Convention implement. After research by the office of the Beijing Pension Industry Association and reported to the Beijing Municipal Civil Affairs Bureau, it was decided to divide the Convention into two versions. One is the Beijing Municipal Pension Service Industry Integrity and Self-discipline Convention, which will be used to issue and make clear the main content. The other one is Operational Requirements of Beijing Municipal Pension Service Industry Integrity and Self-discipline Convention, which will be used as the reference to daily management and make clear the specific operational process and measures.
The "Beijing Municipal Pension Service Industry Integrity and Self-discipline Convention (Draft)" has a total of 18 articles, which mainly include four aspects: basic regulations, self-discipline of self-reliance institutions, self-discipline of practitioners, rewards and punishments. There are mainly the following innovations:
1. Regarding the scope of application, Article 2 of the draft stipulates: This Convention applies to all types of old-age care institutions and their employees who are engaged in institutional pension services, community pension services and home-based services in Beijing.
2. Emphasize the social responsibility of the aged care service. Article 3 of the draft stipulates that: on the premise of pursuing reasonable returns and ensuring sustainable development, the old-age care institutions should actively assume social responsibilities and promote the construction of a social environment of old-age care, filial piety and respect for the elderly.
3. Require the establishment of personal integrity files of practitioners. Article 6 of the draft stipulates that the old-age care institution shall establish a personal integrity file for its employees and report it to the old-age industry association for the record.
4. Prohibition of unfair competition in the old-age institutions. Article 8 of the draft stipulates that the old-age care institutions shall not damage the reputation of other institutions in the same industry and may not infringe the trade secrets of other institutions. It is forbidden to hire employees of other units in the same industry that have not expired their labor contracts or whose labor relations have not been legally terminated. It is forbidden to obtain customer resources from other institutions in the same industry by improper means.
5. pre-charge needs to be filed. Article 9 of the draft stipulates that: the old-age care institutions shall strictly abide by the relevant laws and regulations such as the Consumer Protection Law and protect the legitimate rights and interests of the elderly. If the old-age care institution collects fees from the elderly in the form of membership fees, deposits, returnable deposits, etc., it shall report to the Association for record.
6. Set up a reporting mechanism. Article 12 of the draft stipulates that any unit or individual may report to the Association about the behavior of the pension institution or the employee in violation of this Convention; the Association shall promptly conduct investigation, verification and handling, and promptly notify the reporter of the result of the treatment.
7. Establish a regular assessment mechanism. Article 14 of the draft stipulates that: the Pension Industry Association shall establish a periodic evaluation system for the implementation of this Convention, and the assessment may be entrusted to a third-party institution for implementation; the results of the assessment shall be announced to the public and submitted to the civil affairs departments and the industrial and commercial department for record; the evaluation results shall be used as the basis for the star rating of institutional service quality.
According to the relevant arrangements, the conference will release the research results of the project team. Based on the social repercussions of this release, the association will consider all aspects and decide whether to start the next steps, which include:
1. After taking advice of experts in relevant fields, the draft will be further improved, and opinions will be widely sought in all member units, and submitted to the president's office for consideration in due course.
2. According to the deliberation opinion of the president's office, the full text of the draft is publicized on the Internet and publicly solicited opinions.
3. After further revision, submit it to the General Assembly for deliberation and approval, and report it to the civil affairs department for record.
4. Take the lead in the implementation of the member units, and gradually promote to the citywide, become the norms and standards for the Beijing old-age service industry.