Implementation Rules of the "Regulations on Personnel Management of Public Institutions"

Legal subjectivity:

Chapter 1 General Provisions Article 1 is to standardize the personnel management of public institutions, protect the legitimate rights and interests of public institution staff, and build a high-quality public institution staff team , promote the development of public services and formulate these regulations. Article 2 The personnel management of public institutions shall adhere to the principle that the Party manages cadres and the Party manages talents, and comprehensively and accurately implement the principles of democracy, openness, competition, and merit-based selection. The state implements hierarchical and classified management of staff in public institutions. 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. 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. Chapter 2 Post Setting Article 5 The state establishes a post management system for public institutions and clarifies the categories and levels of posts. 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. Article 7 When a public institution formulates a post establishment plan, it shall submit it to the comprehensive personnel management department for filing. Chapter 3 Open Recruitment and Competitive Recruitment Article 8 Public institutions shall recruit new staff members through open recruitment to the public. However, personnel placed under national policy, appointed by superiors in accordance with personnel management authority, and personnel in confidential positions are excluded. Article 9 The public recruitment of staff by public institutions shall be carried out in accordance with the following procedures: (1) Formulate an open recruitment plan; (2) Publish recruitment information such as recruitment positions, qualifications and conditions; (3) Review the qualifications of applicants; (4) Examinations and inspections ; (5) Physical examination; (6) Publicizing the list of proposed personnel; (7) Entering into an employment contract and completing employment procedures. 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) Announce the competitive position, qualifications, employment period and other information in the unit; (3) Review Qualification conditions for candidates; (4) Appraisal; (5) Publicizing the list of candidates to be recruited in the unit; (6) Going through the appointment procedures. Article 11 Staff members of public institutions may communicate in accordance with relevant national regulations. Chapter 4 Employment Contract Article 12 The employment contract concluded between a public institution and its staff shall generally last for no less than 3 years. 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. Article 14 If a staff member of a public institution has worked in the institution for 10 consecutive years and is less than 10 years away from the legal retirement age, and proposes to enter into an employment-to-retirement contract, the public institution shall conclude an employment-to-retirement contract with the employee. Article 15 If a staff member of a public institution is continuously absent from work for more than 15 working days, or the cumulative absence from work exceeds 30 working days within one year, the public institution may terminate the employment contract. 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 with 30 days' written notice in advance. Article 17 Staff members of public institutions may terminate their employment contracts by notifying the public institutions 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. Article 18 If a staff member of a public institution is dismissed, the employment contract shall be terminated. 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. Chapter 5 Assessment and Training Article 20 Public institutions shall comprehensively assess the performance of staff based on the job responsibilities and tasks stipulated in the employment contract, with a focus on work performance. The assessment should listen to the opinions and evaluations of service recipients. 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. 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. Article 23 Public institutions shall prepare staff training plans based on 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. Article 24 Training funds shall be disbursed in accordance with relevant national regulations. Chapter 6 Rewards and Punishments Article 25 If any staff member or collective of a public institution has any of the following circumstances, rewards will be given: (1) Those who have served the grassroots for a long time, are dedicated to their work, and have outstanding performance; (2) Those who perform important national tasks , outstanding performance in 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) making other outstanding contributions . Article 26 Rewards adhere to the principle of combining spiritual rewards with material rewards, with spiritual rewards as the mainstay.

Article 27 Rewards are divided into commendations, recording of merit, recording of great achievements, and granting honorary titles. Article 28 Any staff member of a public institution who commits any of the following acts shall be punished: (1) Damaging the reputation and interests of the country; (2) Dereliction of duty; (3) Taking advantage of work to seek improper benefits; 4) Squandering and wasting state assets; (5) Seriously violating professional ethics and social morality; (6) Other serious violations of discipline. Article 29 Punishments include warnings, demerits, downgrades, removals from posts, and expulsions. The period of punishment is: warning, 6 months; demerit, 12 months; downgrade or dismissal, 24 months. Article 30 The sanctions imposed on staff members shall be based on clear facts, conclusive evidence, accurate characterization, appropriate handling, legal procedures, and complete procedures. Article 31 If a staff member is subject to a sanction other than expulsion and no further disciplinary violations occur during the period of punishment, after the expiration of the sanction period, the sanction-deciding unit will lift the sanction and notify the employee in writing. Chapter 7 Wages, Welfare and Social Insurance 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. 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. Article 34 Staff members of public institutions enjoy welfare benefits prescribed by the state. Public institutions implement the working hours system and vacation system stipulated by the state. Article 35 Public institutions and their staff participate in social insurance in accordance with the law, and their staff enjoy social insurance benefits in accordance with the law. Article 36 Staff members of public institutions who meet the retirement conditions stipulated by the state shall retire. Chapter 8 Handling of Personnel Disputes Article 37 If a personnel dispute arises 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 of the People's Republic of China" and other relevant provisions. 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. Article 39 Personnel who are responsible for the recruitment, assessment, reward, punishment, and personnel dispute resolution of public institutions shall recuse themselves from any of the following circumstances when performing their duties: (1) Those who have an interest in the person; (2) Having an interest in the person's close relatives; (3) Other matters that may affect the fair performance of duties. 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, and the relevant departments and agencies shall investigate and deal with them in a timely manner. Chapter 9 Legal Responsibilities Article 41 If a public institution violates the provisions of these Regulations, the comprehensive personnel management department or the competent department of the public institution at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the directly responsible person in charge and other directly responsible persons shall be ordered to make corrections within a time limit. Personnel will be punished in accordance with the law. Article 42 If the personnel management of a public institution employee violates the provisions of these Regulations and causes reputational damage to the party concerned, the person shall apologize, restore the reputation, and eliminate the impact; if it causes economic losses, compensation shall be provided in accordance with the law. Article 43 If staff members of the comprehensive personnel management departments and competent departments of public institutions abuse their power, neglect their duties, or engage in malpractice for personal gain in the personnel management work of public institutions, they shall be punished in accordance with the law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law. Chapter 10 Supplementary Provisions Article 44 These Regulations shall come into effect on July 1, 2014. Legal objectivity:

The State Council recently announced the "Personnel Management Regulations for Public Institutions", which will come into effect on July 1. The regulations point out that in terms of wages, benefits and social insurance (safety insurance), the state has established 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. Among the newly issued "Personnel Management Regulations for Public Institutions", the biggest highlight is that it is becoming more and more enterprise-oriented and market-oriented, especially in open recruitment, competitive recruitment, performance appraisal, actual contribution and salary increase. The new "Regulations on Personnel Management of Public Institutions" increasingly reflects the guiding ideology of "making the market decisive in resource allocation" in the comprehensive deepening of reforms at the Third Plenary Session of the 18th CPC Central Committee, and this will also be the basis for the future revision of the "National Civil Servant Management Regulations" Regulations" to strengthen the important guiding ideology for the management of civil servants. However, in the "Personnel Management Regulations of Public Institutions", we still see a certain flavor of "official style". For example, Article 2 insists on the principle that the Party manages cadres and the Party manages talents; Article 5 the state determines the categories and levels of positions. And Chapter 6 Rewards and Punishments are similar to the provisions of the "Regulations on the Administration of National Civil Servants", and Article 29 "Punishments are divided into warnings, demerits, downgrades, removals, and expulsions. The period of punishment is: warning, 6 "months; demerits, 12 months; downgrade or dismissal, 24 months" allows us to once again understand the reasons for frequent corruption: warnings, demerits, dismissals, and dismissals that often appear in notifications of violations of the eight regulations are actually It's all temporary.

There are 30 million people in public institutions across the country who can be described as public officials wearing vests. Among them, the economy, quality supervision, price, transportation, environmental protection, urban management, public security and judicial departments, and the education system are the main departments where corruption is prone to corruption and seriously affects the credibility of the party and government. The author believes that the management and regulation of public institutions need to be further enterprise-oriented and market-oriented, and a complete and strict supervision and accountability mechanism must be introduced. Only in this way can we prevent public institution personnel from repeatedly damaging the interests of the people and the credibility of the party and government while wearing vests of public power. .