Regulations on Personnel Management of Public Institutions
1. Chapter 1 General Provisions
1. Article 1 is to regulate the personnel management of public institutions and protect the staff of public institutions. This regulation is formulated to protect the legitimate rights and interests of public institutions, build a high-quality staff team of public institutions, and promote the development of public services.
2. Article 2: In the personnel management of public institutions, we must adhere to the principle that the Party manages cadres and the Party manages talents, and fully and accurately implement the principles of democracy, openness, competition, and merit. The state implements hierarchical and classified management of staff in public institutions.
3. Article 3 The comprehensive personnel management departments of central public institutions are responsible for the comprehensive personnel management of public institutions nationwide. The comprehensive personnel management departments of local public institutions at or above the county level are responsible for the comprehensive personnel management of public institutions within their respective jurisdictions. The competent departments of public institutions are specifically responsible for the personnel management of their affiliated public institutions.
4. Article 4 Public institutions shall establish and improve personnel management systems. When a public institution formulates or modifies its personnel management system, it shall listen to the opinions of its staff through an employee representative conference or other forms.
II. Chapter 2 Position Setting
1. Article 5 The state establishes a post management system for public institutions and clarifies the categories and levels of posts.
2. Article 6: Public institutions shall set up positions according to their responsibilities, tasks and work needs and in accordance with relevant national regulations. Positions should have clear names, responsibilities and tasks, work standards and qualifications.
3. Article 7 When a public institution formulates a job establishment plan, it shall submit it to the comprehensive personnel management department for filing.
3. Chapter 3 Open Recruitment and Competitive Recruitment
1. Article 8 Newly hired staff of public institutions shall be openly recruited from the public. However, personnel placed under national policy, appointed by superiors in accordance with personnel management authority, and personnel in confidential positions are excluded.
2. Article 9 Public recruitment of staff by public institutions shall be carried out in accordance with the following procedures:
(1) Formulate an open recruitment plan;
(2) Announce recruitment Recruitment information such as positions and qualifications;
(3) Review of applicant qualifications;
(4) Examinations and inspections;
(5) Physical examination;
(6) Publicize the list of proposed personnel;
(7) Enter into employment contracts and go through employment procedures.
3. Article 10 If candidates for positions are generated within a public institution and need to be competitively recruited, the following procedures shall be followed:
(1) Formulate a competitive recruitment plan;
(2) Publish competitive positions, qualifications, employment period and other information in the unit;
(3) Review the qualifications of competing personnel;
(4) Evaluation;
(5) Publicize the list of proposed personnel in the unit;
(6) Go through the appointment procedures.
4. Article 11 Staff members of public institutions may communicate in accordance with relevant national regulations.
IV. Chapter 4 Employment Contract
1. Article 12 The employment contract concluded between a public institution and its staff shall generally last for no less than 3 years.
2. Article 13 If a staff member who is employed for the first time signs an employment contract with a public institution for a period of more than 3 years, the probation period shall be 12 months.
3. Article 14 If a staff member of a public institution has worked in the unit for 10 consecutive years and is less than 10 years away from the statutory retirement age, and proposes to enter into an employment-to-retirement contract, the public institution shall conclude an employment-to-retirement contract with him or her. Retirement Contract.
4. Article 15 If the staff of a public institution is absent from work for more than 15 working days in a row, or the cumulative absence from work exceeds 30 working days in one year, the public institution may terminate the employment contract.
5. Article 16 If a staff member of a public institution fails the annual assessment and does not agree to adjust their job position, or fails the annual assessment for two consecutive years, the public institution may terminate the employment contract by giving 30 days' written notice in advance. .
6. Article 17 The staff of a public institution may terminate the employment contract by notifying the public institution in writing 30 days in advance. However, this shall not be the case unless both parties agree otherwise on the termination of the employment contract.
7. Article 18 If a staff member of a public institution is dismissed, the employment contract shall be terminated.
8. Article 19 From the date when the employment contract is terminated or terminated in accordance with the law, the personnel relationship between the public institution and the person whose employment contract is terminated or terminated shall be terminated.
V. Chapter 5 Assessment and Training
1. Article 20 Public institutions shall comprehensively assess the performance of staff according to the job responsibilities and tasks specified in the employment contract, focusing on the assessment work performance. The assessment should listen to the opinions and evaluations of service recipients.
2. Article 21 Assessment is divided into ordinary assessment, annual assessment and employment period assessment. The results of the annual assessment can be divided into grades of excellent, qualified, basically qualified and unqualified, and the results of the employment period assessment can be divided into grades of qualified and unqualified.
3. Article 22 The assessment results shall be used as the basis for adjusting the positions and wages of staff in public institutions and renewing employment contracts.
4. Article 23 Public institutions shall prepare staff training plans according to the requirements of different positions and conduct graded and classified training for staff.
Staff should, in accordance with the requirements of their unit, participate in pre-job training, on-the-job training, job transfer training and special training to complete specific tasks.
5. Article 24 Training funds shall be disbursed in accordance with relevant national regulations.
VI. Chapter 6 Rewards and Punishments
1. Article 25 If any staff member or collective of a public institution has any of the following circumstances, a reward will be given:
< p>(1) Those who have served the grassroots for a long time, are dedicated to their work, and have outstanding performance;(2) Those who have outstanding performance in executing important national tasks and responding to major emergencies;
(3) Making major inventions and technological innovations at work;
(4) Making outstanding contributions in cultivating talents and spreading advanced culture;
(5) Having other Outstanding contribution.
2. Article 26 Rewards adhere to the principle of combining spiritual rewards with material rewards, with spiritual rewards as the mainstay.
3. Article 27 Rewards are divided into commendations, recording of merit, recording of great merit, and granting honorary titles.
4. Article 28 If any staff member of a public institution commits any of the following acts, he or she shall be punished:
(1) Damaging the reputation and interests of the country;
< p>(2) Neglect of duty;(3) Taking advantage of work to seek improper benefits;
(4) Squandering and wasting state assets;
(5) Serious violations of professional ethics and social ethics;
(6) Other serious violations of disciplines.
5. Article 29 Punishment includes warning, demerit, reduction in job grade, removal from post, or expulsion. The period of punishment is: warning, 6 months; demerit, 12 months; downgrade or dismissal, 24 months.
6. Article 30: When disciplinary action is given to a staff member, the facts must be clear, the evidence conclusive, the characterization accurate, the handling appropriate, the procedure legal, and the procedures complete.
7. Article 31: If a staff member is punished other than expulsion and does not commit any disciplinary violations during the period of punishment, after the expiration of the punishment, the unit that made the decision will lift the punishment and notify the employee in writing. .
7. Chapter 7 Wages, Welfare and Social Insurance
1. Article 32 The state establishes a wage system for public institutions that combines incentives and constraints. The salary of staff in public institutions includes basic salary, performance salary and allowances and subsidies. Wage distribution in public institutions should be based on the characteristics of public institutions in different industries and reflect factors such as job responsibilities, work performance, and actual contributions.
2. Article 33 The state establishes a normal salary increase mechanism for staff in public institutions. The salary level of staff in public institutions should be coordinated with the development of the national economy and compatible with social progress.
3. Article 34 Staff members of public institutions shall enjoy welfare benefits stipulated by the state. Public institutions implement the working hours system and vacation system stipulated by the state.
4. Article 35 Public institutions and their staff shall participate in social insurance in accordance with the law, and the staff shall enjoy social insurance benefits in accordance with the law.
5. Article 36 Employees of public institutions who meet the retirement conditions stipulated by the state shall retire.
8. Chapter 8 Handling of Personnel Disputes
1. Article 37 If a personnel dispute arises between a staff member of a public institution and his/her unit, the matter shall be settled in accordance with the "People's Revolution of the People's Republic of China and the State Council" The Labor Dispute Mediation and Arbitration Law and other relevant provisions shall be dealt with.
2. Article 38 If staff of a public institution are dissatisfied with the assessment results or disciplinary decisions involving themselves, they may apply for review or lodge an appeal in accordance with relevant national regulations.
3. Article 39 Personnel responsible for recruitment, assessment, reward, punishment, personnel dispute resolution, etc. of public institutions shall recuse themselves under any of the following circumstances when performing their duties:
(1) Having an interest in the person;
(2) Having an interest in the person’s close relatives;
(3) Others that may affect the fair performance of duties.
4. Article 40: Any unit or individual may complain or report violations of laws and disciplines in the personnel management of public institutions to the comprehensive personnel management department, competent department or supervisory authority of the public institution. The relevant departments and The agency should promptly investigate and handle the matter.
9. Chapter 9 Legal Responsibilities
1. Article 41 If a public institution violates the provisions of these Regulations, it shall be ordered to do so by the comprehensive personnel management department or the competent department of the public institution at or above the county level. Make corrections within a time limit; if corrections are not made within the time limit, the directly responsible person in charge and other directly responsible personnel will be punished in accordance with the law.
2. Article 42: If the personnel handling of public institution staff violates the provisions of these Regulations and causes reputational damage to the parties concerned, they shall apologize, restore their reputations, and eliminate the impact; if they cause economic losses, they shall be punished in accordance with the law. compensation.
3. Article 43 If staff of the comprehensive personnel management department and competent department of a public institution abuse their power, neglect their duties, or engage in malpractice for personal gain in the personnel management work of a public institution, they shall be punished in accordance with the law; if this constitutes a crime , pursue criminal responsibility in accordance with the law.
10. Chapter 10 Supplementary Provisions
1. Article 44 These Regulations shall come into effect on July 1, 2014.
Extended information:
1. The "Regulations" adapt to the new situation and new requirements of the reform and development of public institutions, and include job setting, open recruitment, competitive recruitment, employment contracts, assessment and training, and rewards. Discipline, wages and benefits, social insurance, personnel dispute settlement, and legal liability are the basic contents, establishing the basic system of personnel management in public institutions.
2. The promulgation and implementation of the "Regulations" are important for establishing a personnel management system with clear rights and responsibilities, scientific classification, flexible mechanisms, strong supervision, and in line with the characteristics of public institutions and the law of talent growth, and building high-quality careers. It is of great significance for the unit staff to promote the development of public services.
3. The "Regulations" stipulate that the personnel management of public institutions shall adhere to the principle of the Party managing cadres and the Party managing talents, and fully and accurately implement the principles of democracy, openness, competition, and merit. The state implements hierarchical and classified management of staff in public institutions.
4. The "Regulations" clearly state that the comprehensive personnel management departments of central public institutions are responsible for the comprehensive personnel management of public institutions nationwide. The comprehensive personnel management departments of local public institutions at or above the county level are responsible for the comprehensive personnel management of public institutions within their respective jurisdictions. The competent departments of public institutions are specifically responsible for the personnel management of their affiliated public institutions.
5. The "Regulations" stipulate that public institutions shall set up positions in accordance with relevant national regulations and clarify the categories and levels of positions. Newly hired staff in public institutions shall be openly recruited from the public.
6. The "Regulations" stipulate the term of the employment contract, the probation period for first-time employees, clarify the conditions for concluding an employment to retirement contract, list the circumstances for the termination of the employment contract, and the cancellation and termination of the contract. After the termination of the personnel relationship.
7. The "Regulations" stipulate that public institutions shall comprehensively assess the performance of staff based on the job responsibilities and tasks specified in the employment contract, with a focus on work performance. Public institutions should conduct graded and classified training for staff based on the requirements of different positions.
8. The "Regulations" clarify the circumstances of rewards, establish the principles of rewards, and clarify the types of rewards. The Regulations stipulate the circumstances of punishment, clarify the types of punishment, put forward the requirements for the punishment work, and establish the system for lifting the punishment.
9. The "Regulations" stipulate that the state establishes a wage system for public institutions that combines incentives and constraints. Wage distribution in public institutions should be based on the characteristics of public institutions in different industries and reflect factors such as job responsibilities, work performance, and actual contributions.
10. The "Regulations" stipulate that if a personnel dispute occurs between a staff member of a public institution and his or her employer, it shall be handled in accordance with the Labor Dispute Mediation and Arbitration Law and other relevant provisions.
11. The "Regulations" specifically stipulate that if staff of public institutions are dissatisfied with the assessment results or disciplinary decisions involving themselves, they may apply for review or lodge an appeal.
12. The "Personnel Management Regulations for Public Institutions" were announced and will come into effect on July 1, 2014.
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