Job Recruitment Website - Zhaopincom - The office of Zheng 'an County People's Government forwarded the contents of the document "Notice of the County Personnel, Labor and Social Security Bureau on the implementation measures of the appoin
The office of Zheng 'an County People's Government forwarded the contents of the document "Notice of the County Personnel, Labor and Social Security Bureau on the implementation measures of the appoin
First, the scope and target of reform.
The scope and object of the reform are: professional and technical personnel, managers and workers who have established personnel relations with institutions managed by full and differential budgets of county governments (the quota of income and expenditure or the quota subsidy is approved according to the organization preparation procedures).
Institutions whose funds depend on financial allocations and are still managed according to the national civil service system and enterprise management are not included in the scope of this reform.
Second, the timing.
In order to actively and steadily promote the personnel system reform of ten public institutions in the county, in accordance with the requirements of the county party committee and the county people's government, the personnel system reform of three public institutions was carried out and the personnel employment system of public institutions was implemented under the unified deployment of the leading group for personnel system reform of county public institutions. The overall requirement is: complete the personnel system reform and personnel recruitment of institutions in the county before the end of this year.
Third, the basic principles
The implementation of personnel appointment system is the core and main content of personnel system reform in public institutions, and it is also the basic system of employing people in public institutions. Personnel appointment system is a new personnel management system based on national laws, regulations and policies. The employing unit and the employed personnel sign employment contracts on the basis of equality, voluntariness, consultation and negotiation, and clarify the responsibilities, rights and obligations related to their work, thus forming a new personnel management system that is in line with the characteristics of various institutions, such as separation of government from enterprise, independent employment of units, independent employment of personnel and management by the government according to law. Personnel employment should follow the following principles:
(a) adhere to the principle of party management of cadres, adhere to the standards of employing people with both ability and political integrity and meritocracy.
(two) adhere to the principle of setting posts according to the number of staff and work needs. To set up posts, we must insist on setting up posts on demand; Put an end to setting up posts for the people
Setting up posts on demand means setting up posts according to the proportion and structure of establishment, and scientifically setting up professional and technical personnel and management personnel; And the location of the workers.
(3) It is necessary to combine the personnel structure of this unit, pay attention to retaining the backbone of work at all levels, pay attention to the adjustment of knowledge structure and professional structure, optimize the personnel structure of public institutions through personnel flow, and improve the overall quality of public institutions.
(four) adhere to the principles of fairness, equality, competition and merit. Implement the avoidance system in employing people, and establish an employment mechanism that is conducive to the growth and development of outstanding talents and full of vitality and vitality.
(five) adhere to the principle of mass participation, comprehensive evaluation, competition for posts and organizational decisions.
Mass participation is to enhance the transparency of post setting, adhere to the mass line and ensure the principles of openness, fairness and justice.
Comprehensive evaluation means that when hiring all kinds of personnel, it is necessary to announce the basic conditions of positions, responsibilities and positions, produce pre-job objects through competition, and conduct comprehensive investigation to produce candidates to be hired.
Organizational decision refers to that the personnel to be hired are discussed and decided by the party group (Party committee) or administrative leader of the department and the township Party committee in strict accordance with the relevant regulations and relevant appointment procedures, and the appointment and employment procedures are submitted for approval according to the cadre management authority.
(six) the principle of recruiting new staff. Within the scope of preparation, all new recruits who are vacant (except for policy resettlement such as military transfer, leaders selected by higher authorities, and classified posts) shall be subject to an open recruitment and employment system, with standardized access procedures and strict access control.
(seven) the principle of hierarchical management. In the process of personnel employment, the employment of personnel at all levels of the unit shall be managed by classification.
Members of the leading group of the unit may be appointed in various forms, such as direct appointment, tender appointment, selection and appointment, appointment examination, etc., according to the cadre management authority and legal procedures.
For professional and technical personnel, it is necessary to implement the management method of combining the total number of posts with the proportion of post structure, strengthen the evaluation and employment of professional and technical posts, implement the separation of evaluation and employment, and gradually implement the qualification system. For positions with great responsibilities, strong social universality and certain professional and technical decision-making power, the registration management system of practicing qualifications will be gradually established, and the mechanism of individual application and socialized evaluation under the control of practicing access and the macro guidance of the government will be introduced.
Establish a management system. At present, the ability, level, performance and qualification of managers, the responsibilities, authority and work content of staff level are being gradually improved and standardized.
Four. Steps and methods of employment
In order to ensure the fairness and justice of kitchen employment, public institutions at or above the county level or competent bureaus and township people's governments should set up leading groups and evaluation committees (groups) for personnel system reform of public institutions, and specify specific personnel to pay attention to them. The employment leading group is composed of party and government leaders, discipline inspection, personnel organization and other relevant personnel. Its main responsibility is to organize and manage the employment of personnel in this unit, and do a good job in policy propaganda and organizational reform. The appointment evaluation committee (group) is composed of enterprise leaders, experts, business backbones, professional and technical personnel and employee representatives, and is specifically responsible for the political quality, professional ability, appointment, assessment, dismissal and renewal of the staff of the unit; Put forward evaluation opinions on related matters. The hiring personnel are democratically recommended and nominated by the person in charge of the unit, resulting in candidates to be hired. After being reviewed and approved by the review committee, the leaders of the unit collectively study and decide to hire employees, and submit them for approval according to the personnel management authority, so as to ensure that the employment procedures are standardized and reflect the principle of objectivity and fairness. The specific work steps are as follows:
(A) a reasonable set of posts, clear job responsibilities
Post setting should follow the principles of being scientific, reasonable, streamlined and efficient. Clarify the responsibilities, rights and qualifications of different positions. Job responsibilities are the conditions that the staff to be hired should have and the basis for the staff to perform their duties. The post setting is determined by the leading group of the employing unit according to the relevant provisions of organization, personnel and editorial office. The positions of members of the administrative leadership team are set according to the number of leadership positions issued by the county editorial board; Professional and technical personnel positions, in accordance with the provisions of the document (Zun Shi Ren Zhi [2002] No.27), within the approved professional and technical structure proportion index, scientifically and reasonably set up high and intermediate positions; The positions of managers and workers should be set in strict accordance with relevant regulations. Institutions without overstaffing can create posts according to the facts: 95% of them have posts, and units without overstaffing are not allowed to create posts.
(two) the formulation and approval of the implementation plan
Institutions directly under the township and county level that implement the reform should hold a mobilization meeting attended by all cadres and workers of the township, the system and the unit. On the basis of widely listening to the opinions of the masses, according to the county people's government's "Implementation Opinions on Actively Promoting the Reform of Personnel System in Institutions" and the relevant policies and regulations at higher levels, combined with the specific conditions of the unit, the township and the industry, we will study and formulate an operational "Implementation Plan for the Reform of Personnel System" and report it to the office of the leading group for the reform of personnel system in the county.
The contents of the implementation plan should include: guiding ideology, objectives and tasks, basic principles, post name, quantity, post responsibilities and employment. Conditions of use, work measures, organization and leadership, etc.
(three) announced the implementation plan
The approved implementation plan shall be announced to all employees of the unit. Once the implementation plan is published, it must be strictly implemented and shall not be changed at will during the implementation process. If it is really necessary to change, it must be reported to the office of the leading group for reform of county institutions for approval.
(four) competition for posts and approval of employment
Except in special circumstances, employees employed by public institutions must compete for posts, and competitive posts must be operated in strict accordance with the requirements of the implementation plan. The main links are registration, qualification examination, examination (interview), assessment and organizational decision. The personnel employed are mainly in this unit. Personnel selection, but special posts that are classified according to relevant regulations and are not suitable for open competition, are not included in the scope of competitive posts, and can be directly hired after organizational inspection. For vacant positions, if new personnel are needed, after approval, open recruitment for the society can be implemented.
In order to ensure the openness, fairness and justice of employment, no matter what form of employment, before the candidates and formal employees are produced, they must be publicized to the public within a certain range, and the publicity period shall not be less than three days. Upon the expiration of the publicity period, the unit, department party group (Party committee) and township party committee shall collectively discuss and decide the candidates within the approved establishment and post scope. After the employees are not reflected in the publicity, they shall be submitted for approval according to the provisions of the cadre management authority and go through the employment procedures.
(5) signing an employment contract
After the employment decision, the legal representative of the employing unit or its client signs an employment contract with the employed person (the employment contract uses the standardized text uniformly printed by the Provincial Personnel Department). The contents of the employment contract must comply with the provisions of national laws and regulations, follow the principles of equality, voluntariness and consensus, and be concluded in writing.
1. The employment contract includes the following contents:
(1) Term of employment contract;
(2) job title, responsibilities or tasks and requirements;
(3) post working conditions;
(4) Wages, social security and welfare benefits;
(5) Work discipline:
(6) Conditions for alteration, dissolution and termination of the labor contract;
(seven) the responsibility for violating the employment contract;
(8) Other matters agreed by both parties.
The term of a labor contract includes short-term, medium-term and long-term labor contracts with the completion of certain tasks as the term. Posts with strong mobility and low technical content generally sign short-term contracts for less than 3 years; For positions with strong confidentiality or professional needs, long-term contracts can be signed. The longest contract period is not; It must exceed the number of years for candidates to reach the retirement age stipulated by the state.
2. When signing an employment contract, the following provisions shall be implemented:
(1) must abide by relevant national laws and regulations, and adhere to equality, voluntariness and consensus;
(2) It is forbidden to employ persons under the age of 16 who have not gone through the examination and approval procedures according to the state regulations.
Young people;
(three) the implementation of the avoidance system, shall not employ the spouse, parents, children, brothers and sisters of the main leaders of the unit; Take the position directly below him;
(4) If it is necessary to postpone the signing of the employment contract due to special reasons, the signing of the employment contract may be postponed with my consent; A person with limited capacity may postpone the signing of an employment contract after being appraised by the medical and health department at or above the county level and approved by the county-level labor appraisal committee.
(5) If the employee has worked for 25 years or has worked continuously in this unit for more than 10 years and is less than 10 years from the retirement age stipulated by the state, the employer shall conclude an employment contract with him until the employee reaches the retirement age;
(six) the employer and the military cadres who have just been assigned to the institutions have signed an initial contract for five years;
(7) The employing unit may sign an employment contract with the employed personnel, and may implement a probation period. The employing unit signs employment contracts with its personnel, and the probation period is generally not more than 3 months; The probation period for newly recruited personnel of the employing unit is generally no more than 6 months (the probation period may be extended to 12 months if the employed personnel are college graduates). The probation period is included in the employment contract;
(8) Employer. If employee 2 with a fixed term is unwilling to sign a labor contract with the unit and does not extend it, the employer shall give him a job search period of not less than 3 months. If the employer is still unwilling to sign an employment contract with the employer within the time limit and is unwilling to transfer or resign, the employer has the right to dismiss;
(9) The employment contract shall be written by the legal representative of the employing unit or the agent entrusted by the legal representative. Sign a contract with the hiring staff. The employment contract is in quintuplicate, each party holds 1 copy, the competent department 1 copy, the forensic organ 1 copy, and the employee file 1 copy.
(10) After the legal representative of the employer is changed, the original contract is still valid and the new legal representative will continue to perform it.
3. In any of the following circumstances, the signed labor contract is invalid:
(1) Employment contract that violates relevant national laws and regulations;
(two) labor contracts signed by coercion, fraud and other means;
(3) a labor contract in which the rights and obligations are not equal and the legitimate rights and interests of one party are seriously damaged.
(four) labor contracts that harm the interests of the state and society;
(5) Labor contracts signed by a third party without the entrustment of the parties.
Whether the employment contract complies with the law; After the contract is signed, both parties shall fully perform it, and neither party may change the contract without authorization. If it is really necessary to change due to special circumstances, the contract shall be changed or terminated according to the original contract signing procedure through consultation between both parties. If both parties fail to reach an agreement, the original contract shall remain valid unless otherwise stipulated by laws and regulations or these Measures.
Upon the expiration of the employment contract, I can renew the employment contract if the position requires and I am willing to pass the examination.
Five, employed personnel should have the conditions
(1) Basic conditions:
1, support China * * * production party, love socialism and adhere to the four cardinal principles.
2. Abide by laws, regulations, rules and policies;
3. Have a good professional ethics;
4, good health, can adhere to normal work.
(two) members of the administrative leadership team should have the conditions:
In addition to the above basic conditions, the following conditions shall also be met:
1, a structure that meets the requirements of the construction of leading cadres, including the requirements of job hierarchy, professional knowledge structure and age structure.
2. Have the required education level, professional knowledge, theoretical and policy level, organization and coordination ability, written and oral expression ability and necessary work experience.
3. Have a strong sense of professionalism and responsibility, outstanding work performance, honesty and diligence, unity with comrades, and decent style.
4. In the past three years, he has not been dismissed from the party or has been demoted from the administration, and the annual assessment is competent or above.
(three) professional and technical personnel should have the conditions:
In addition to the above basic conditions, the western region should also meet the following conditions:
1. The professional knowledge required for the post and the business ability required to perform the post responsibilities, and the special post must meet the relevant requirements of the state for practicing qualifications;
2. Obtain the professional and technical post qualification corresponding to the employment position or have the corresponding professional and technical level;
3, nearly three years of annual assessment for qualified or above;
4, the original continuing education period is qualified or above;
5. Other conditions required by job responsibilities.
Professional and technical personnel who have obtained intermediate and senior qualifications through examination must hold a certificate of foreign language examination (original) and a certificate of computer application ability examination within the validity period; Certificate (original) or meeting the prescribed exemption conditions.
(four) the conditions that managers should have:
Management personnel implement a staff hierarchy, which is divided into one to six grades, and the first to fourth grades are divided into positive and deputy grades (there are no first, second and third-grade staff positions in this county). In addition to the basic conditions, managers should also have the following qualifications:
1, level 6 personnel should have secondary school or high school education, and work after the probation period;
2, level 5 staff should be widely prepared for secondary school or high school education, and has served as a level 6 staff for more than 3 years; Or graduated from colleges and universities, and the probation period has expired;
3, four staff (deputy) should have a secondary school or high school education, as a five-level staff for more than 3 years; Or get a master's degree and the probation period expires;
4, four staff (positive) should have a college degree or above, as a four-level position (deputy) for more than 3 years; Or get a doctoral student and the probation period expires;
5. To be promoted from the previous level to the next level, you must pass the annual assessment for three consecutive years, and your continuing education performance is above the standard during the employment period;
6. Other conditions that meet the requirements of duties.
(five) the conditions that workers should have:
L, have the basic skills required by the proposed position, and special posts or technical posts also need to have the technology issued by the personnel and labor department; Grade certificate or license and employment certificate issued by relevant departments;
2, in addition to the original employees, new employees, the age is generally 18 years old to 35 years old, special positions, approved by the personnel department, can be appropriately relaxed;
3. Renewed employees have passed the annual assessment in the past three years;
4. Other conditions required by the employment position.
Six, employed personnel should enjoy the spear rights and treatment.
1. The treatment of employed personnel shall be determined according to the principles of distribution according to work and participation in distribution according to production factors, and according to the relevant national policies and regulations and the jobs they are engaged in.
2. Employees and employers shall participate in the social insurance initiated by our county in accordance with the provisions of national laws and regulations, pay relevant fees, and enjoy the corresponding social insurance pooling and other welfare benefits.
3. The working hours, public holidays, protection of female employees, work-related injuries, disability and death, non-work-related injuries and illnesses of employed personnel shall be implemented in accordance with relevant regulations.
4. The employed personnel have the right to receive training and continuing education stipulated by the state during their employment.
5 institutions after the implementation of the employment system, the original identity and working years of the employed personnel are kept as files, which are in line with the relevant national policies and regulations, and the employing unit shall recognize their continuous service.
6. The working years of the employed personnel in this unit shall be calculated by the time of continuous employment in this unit. The continuous length of service before the original fixed-term employee and the employing unit sign the employment contract for the first time shall be regarded as the working years of the employed person in this unit.
Seven. Dismissal, termination of contract and compensation
(1) Under any of the following circumstances, the employing unit may terminate the employment contract:
1. The employee violates the contract during the employment period and is absent from work for more than 10 working days in a row or for more than 20 working days in a year;
2. During the probation period, it is proved that it does not meet the requirements of this post and does not agree with the unit to adjust its post;
3, in violation of work regulations or operating procedures, accidents, or dereliction of duty, causing serious consequences;
4, without the consent of the unit, go abroad without authorization or overdue;
5. Working part-time outside without the consent of the unit, which seriously affects the work or seriously damages the legitimate rights and interests of the unit;
6. According to laws and regulations, this contract shall be terminated.
(2) In any of the following circumstances, the labor contract shall be dissolved by itself:
The employee resigns and is dismissed, dismissed, reeducated through labor or sentenced during the employment period.
(3) Under any of the following circumstances, the employing unit may terminate the contract, but it shall notify me in writing 30 days in advance:
1. The employee is sick or injured at work (on duty), and it is stipulated that he can't engage in the original job or obey other jobs after the medical treatment expires;
2. The employed employee Xi Er is competent for the job, but he is still incompetent after training or post adjustment;
3. The objective conditions on which the employment contract was concluded have changed greatly, so that the original contract cannot be performed, and the employment contract cannot be changed through consultation between both parties: an agreement is reached or another arrangement is not obeyed.
If the contract is terminated under the above circumstances, the employer shall provide the employee with a period of 3-6 months for self-employment. During the period of self-employment, the original post treatment will no longer be retained, and only a fixed part of its basic salary will be paid, but it shall not be lower than the local minimum living guarantee standard for urban residents. For those who are re-employed during the period of self-employment, the employer shall handle the formalities for the transfer of personnel relations in time; If you are not employed after the expiration of self-employment and are unwilling to conclude an employment contract with the employing unit, apply for resignation; If I don't want to resign, the employer shall handle the dismissal procedures.
(four) in any of the following circumstances, the employing unit shall pay economic compensation to the employed personnel according to their actual working years:
1. The employer proposes to terminate the labor contract and the employee agrees to terminate it;
2. Due to illness or non-work-related injury, after the prescribed medical treatment period expires, the employer J Ping terminates the employment contract and cannot engage in other work arranged by the employer;
3. employees; If the degree examination is unqualified or the employment period examination is unqualified, and the employer does not agree to adjust the post, or the examination is still unqualified after adjusting the post, the employer shall terminate the employment contract.
The economic compensation is based on the average monthly salary of the employed unit of 1 month for each year of working in the employing unit. If the working hours are less than 1 year, the average monthly salary of the employed person shall be paid 1 month. If the average monthly wage exceeds three times the local average wage, it shall be calculated according to three times the local average monthly wage. In case of division, merger or cancellation of the employing unit, the personnel shall be properly placed; If the laborer cannot be placed in the corresponding unit for employment and the labor contract is terminated, economic compensation shall be given in accordance with the above provisions.
(five) in any of the following circumstances, the employing unit shall not terminate or terminate the employment contract:
1, Party B suffers from work-related injuries or occupational diseases, and after the end of treatment, it is identified as 1 to 4-level incapacity by the labor appraisal institution;
2. Female employees during pregnancy, childbirth and lactation;
3, sick or injured, within the prescribed medical period;
4. Suffering from occupational diseases, serious diseases or mental diseases that are difficult to cure under the existing medical conditions;
5. The hired personnel are undergoing disciplinary review and have not yet reached a conclusion;
6. Other circumstances in which the employment contract may not be terminated as stipulated by the state.
(6) Under any of the following circumstances, the employee may unilaterally terminate the employment contract:
1, during the probation period;
2, admitted to institutions of higher learning;
3. Being employed or transferred to a state organ;
4. Military service according to law;
5. The employer forces labor by coercion, threat or illegal restriction of personal freedom;
6. The employer fails to pay labor remuneration or provide working conditions as agreed in the labor contract.
(7) Other provisions.
1. The employment contract will be terminated when it expires or there are double expansion contract termination conditions. If this contract needs to be renewed, it shall be proposed by one party and renewed after both parties reach an agreement through consultation. The contract shall be renewed 1 month before the employment expires.
2. Hire personnel. In case of termination or rescission of the labor contract, the employer shall be notified in writing 30 days in advance. If the laborer proposes to terminate the labor contract and fails to reach an agreement with the employer, he shall stick to his normal work and continue to perform the contract. After 6 months, if the employer proposes to terminate the contract again, but cannot reach an agreement with the employer, the contract may be terminated unilaterally. 、
3. Either party's request to terminate or dissolve the employment contract shall not infringe upon the interests of the other party. The employment contract shall not be terminated due to the change of the legal representative of the unit.
4. If the employees are trained at the expense of the employing unit, both parties shall clearly stipulate the service period and liability for breach of contract after the training in the employment contract. If it is not clear, the employed personnel shall be compensated for the training fee and certain liquidated damages by no more than 20% for each year of service after training.
5. Handling of related problems of off-duty personnel.
In the past, in accordance with the relevant policies and regulations, the unpaid leave and paid leave contracts were naturally terminated, regardless of whether they have expired, and the original unit informed me to return to the unit to participate in the reform.
Although approved by the unit, but not according to the provisions of the formalities, by the employer and the competent department to inform me to return to the unit to participate in the reform. At the same time, the employer must explain the reasons in writing to the leading group for personnel system reform of county institutions.
Personnel who leave without the consent of the unit shall be notified by the original unit and the competent department, and the problems shall be identified first, and after receiving relevant treatment, they shall be reported to the leading group for personnel system reform of county institutions to study and decide whether to hire them.
The above-mentioned personnel, the original unit and the competent department shall follow legal procedures; Notify him in writing to return to his original unit within the specified time. If you don't come back on time after the notice, you will be deemed to have chosen a job and found another job.
Viii. Supervision and management of employment work
The competent department of the employing unit is responsible for the organization, implementation, inspection and supervision of the employment system of its subordinate institutions. County Personnel, Labor and Social Security Bureau is the comprehensive management department of the employment system in public institutions. It is responsible for the verification of employment contracts and the arbitration of personnel disputes, guiding, coordinating and supervising the implementation of the employment system in public institutions, and has the right to correct violations of relevant national personnel policies and regulations, and deal with relevant responsible persons.
(1) Verify the employment contract
After the signing of the employment contract, it will be reviewed by the competent department of the employing unit and confirmed by the county personnel, labor and social security bureau within 1 month. At the time of certification, the employer shall submit the following materials:
1, and the employer is a legal person. Certificate;
2. The identity certificate and power of attorney of the legal representative;
3. employees. A valid identity certificate of the member;
4. Signed employment contract text in quintuplicate (using standardized employment contract text uniformly printed by the Provincial Personnel Department);
5, the need for other forensic materials.
(2) Dispute arbitration
Once the employment contract is confirmed, both parties shall strictly perform it. If one party breaches the contract, the breaching party shall pay liquidated damages to the other party. If economic losses are caused, the breaching party shall also compensate the economic losses according to the actual situation. The amount of liquidated damages shall be agreed by both parties in the employment contract.
Disputes arising from the performance of the contract between the parties to the employment contract can be settled through consultation; If negotiation fails, it may apply to the competent department of the unit for mediation; You can also apply to the county personnel, labor and social security bureau for arbitration in writing within 60 days from the date of dispute according to relevant regulations.
Nine. Resettlement of unemployed people
(1) Placement of unemployed personnel [mainly by internal digestion of the unit. The placement of unemployed personnel should be carried out through various forms such as developing service projects or establishing new industries, job-transfer training, internal exchanges, and low employment in higher vocational colleges. The unit shall provide the unemployed with no less than 3 re-employment opportunities, and shall not simply push the unemployed to the society as a burden.
(two) to encourage and guide the unemployed to the grassroots, to the state-owned and non-state-owned economic fields, to give full play to their professional expertise.
(3) Unemployed persons in public institutions, men over 55 years of age, women over 50 years of age, and working years over 20 years; Or after working for 30 years, I request early retirement. With the consent of the competent department and the approval of the personnel department, I can go through the formalities of early retirement. Its retirement benefits. According to the Notice of Guizhou Provincial Personnel Department on Printing and Distributing (Qian Rentong11994] No.05).
The treatment of unemployed people who retire early is solved according to the original source of funds.
Ten, the implementation measures shall be implemented as of the date of promulgation.
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