Regulations on the administration of public institutions

Article 1 These Regulations are formulated in order to standardize the personnel management of public institutions and safeguard the legitimate rights and interests of staff.

Article 2 These Regulations shall apply to the personnel management of public institutions.

Where laws and regulations have other provisions on personnel management of public institutions, such provisions shall prevail.

Article 3 Personnel management in public institutions shall adhere to the principle that the Party manages cadres and talents, the principle of having both ability and political integrity and putting morality first, and the principles of democracy, openness, competition and merit selection.

Article 4 Institutions shall establish and improve personnel management rules and regulations. Personnel management rules and regulations shall be discussed and adopted by the workers' congress or all the workers.

Article 5 The comprehensive personnel management department of central institutions shall be responsible for the comprehensive management, supervision and inspection of personnel management of public institutions nationwide in accordance with the existing management authority.

The comprehensive personnel management department of local institutions at or above the county level shall be responsible for the comprehensive management, supervision and inspection of personnel management of institutions within its jurisdiction in accordance with the existing management authority.

Chapter II Post Setting

Sixth institutions according to the functions, responsibilities and tasks and work needs, in accordance with the principle of streamlining and efficient and the relevant provisions of the state to set up a reasonable post.

The post should have a clear name, responsibilities, tasks, work standards and qualifications.

Seventh institutions are divided into management positions, professional and technical positions and basic skills positions.

Eighth according to the function and scale of public institutions, formulate the structure proportion and grade standard of public institutions.

Article 9 The post setting of public institutions shall be carried out according to the following procedures:

(a) institutions to develop post setting scheme;

(2) Audit by the competent department;

(3) the comprehensive personnel management department of public institutions for approval or filing;

(4) After listening to the opinions of the staff, the responsible personnel discuss and formulate the implementation plan for post setting;

(5) Organizing the implementation.

Chapter III Post Open Recruitment and Competitive Recruitment

Article 10 New employees of public institutions shall be openly recruited. If it is really necessary to adopt other methods such as national policy placement, appointment by superiors according to personnel management authority, classification and post creation, etc., it shall be implemented in accordance with relevant state regulations.

Eleventh open recruitment shall not set discriminatory conditions.

Article 12 Open recruitment shall be based on the combination of examination and investigation, and the best candidates shall be selected.

Thirteenth open recruitment examination content includes professional knowledge and skills required for recruitment positions; The content of the investigation includes the ideological and political performance, moral quality, professional quality and professional ability related to the job application.

Article 14 Open recruitment shall be conducted in accordance with the following procedures:

(1) Making a recruitment plan;

(2) release recruitment information;

(3) Examining the qualifications of candidates;

(4) Examination and inspection;

(5) physical examination;

(six) to determine the list of candidates and publicity;

(seven) filing or examination and approval in accordance with the provisions;

(eight) to conclude an employment contract and go through the employment procedures.

Fifteenth institutions should produce job candidates through competitive recruitment.

Competition for posts takes the form of self-recommendation, democratic recommendation and organizational recommendation. According to the different characteristics of the post, written examination, interview and democratic evaluation are adopted.

Chapter IV Labor Contract

Sixteenth institutions and staff to establish personnel relations, should conclude a written employment contract.

Article 17 A labor contract shall have the following clauses:

(a) the name, address, legal representative of the unit or the representative of the unit entrusted by it;

(2) The name, address, resident identity card or other valid identification number of the staff member;

(3) Term of employment contract;

(4) Job title, category, level, responsibilities and tasks;

(5) work place;

(six) working hours and rest and vacation;

(7) Wages, welfare and social insurance;

(eight) other matters stipulated by laws and regulations.

In addition to the provisions of the preceding paragraph, institutions and staff may stipulate training, confidentiality and intellectual property protection in the employment contract.

Article 18 A public institution may agree on a probation period with newly hired personnel.

The probation period generally does not exceed 6 months. If a new employee is hired for the first time, the probation period can be extended to 12 months.

The probation period is included in the labor contract.

Nineteenth institutions and staff generally conclude a contract of 3 to 5 years; For positions with strong mobility, you can sign a contract for less than 3 years; For a relatively stable position, you can conclude a contract for more than 5 years. The term of a contract concluded to complete a certain task shall be determined according to the task.

The employer and the employee may conclude a contract with any term listed in the preceding paragraph through consultation.

If a staff member who has worked continuously in this unit for 10 years and is less than 10 years from the retirement age stipulated by the state proposes to conclude a contract from employment to retirement, the institution shall conclude a contract from employment to retirement with the staff member.

Article 20 The employment contract shall come into effect after the institution and the staff sign or seal the text of the employment contract.

The text of the employment contract is 1 copy, one for each institution and staff.

Article 21 A labor contract is invalid or partially invalid under any of the following circumstances:

(a) damage to national interests or public interests;

(2) By means of fraud or coercion. To make the other party conclude or change the labor contract against its true meaning;

(3) The unit exempts itself from legal responsibility and excludes the rights of the staff;

(4) Violating the mandatory provisions of laws and administrative regulations.

If the employment contract is invalid or partially invalid, it shall be confirmed by the labor and personnel dispute arbitration commission or the people's court.

If part of the employment contract is invalid and does not affect the effectiveness of other parts, the other parts are still valid.

Twenty-second employment contract expires, institutions and staff can negotiate to renew the employment contract.

Twenty-third institutions and staff can change the contents of the employment contract through consultation.

Changes to labor contracts shall be made in written form.

The changed employment contract text is 1 copy, which is applicable to every institution and employee.

Twenty-fourth in the employment contract period, institutions and staff can negotiate to terminate the employment contract.

Twenty-fifth staff in any of the following circumstances, institutions can terminate the employment contract:

(a) during the probation period, it is proved that he can't complete his job responsibilities and tasks, or he can't meet the working standards;

(2) Absenteeism, business trip, absence from work without justifiable reasons, continuous exceeding 15 working days, or accumulative exceeding 30 working days in one year;

(three) at the same time to establish personnel relations or labor relations with other units, refused to correct;

(four) serious dereliction of duty, causing heavy losses to the unit;

(five) violation of law and discipline, damage the interests of the unit or the public interest.

Twenty-sixth in any of the following circumstances, the institution may terminate the employment contract after notifying the staff in writing 30 days in advance:

(a) the employee is sick or injured outside work, and after the medical treatment expires, he can't engage in his original job or obey other reasonable work arrangements;

(two) the annual assessment of the staff is unqualified, and the unit does not agree to rationally adjust its position;

(3) The employee has failed the annual assessment for two consecutive years.

Twenty-seventh staff in any of the following circumstances, institutions shall not terminate the employment contract in accordance with the provisions of article twenty-sixth:

(1) Suffering from occupational diseases or work-related injuries during working in this unit, and being confirmed to have lost or partially lost the ability to work;

(2) Suffering from a serious disease or mental illness that is difficult to cure under the existing medical conditions;

(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;

(four) female workers during pregnancy, childbirth and lactation;

(5) Other circumstances stipulated by laws and administrative regulations.

Twenty-eighth institutions in any of the following circumstances, the staff can terminate the employment contract:

(1) Failing to pay wages in full and on time;

(two) failing to pay social insurance premiums for staff in accordance with the law;

(3) Other circumstances stipulated by laws and administrative regulations.

Twenty-ninth staff in any of the following circumstances, after a written notice to the institution, can terminate the employment contract:

(a) admitted to ordinary institutions of higher learning or research institutes for full-time study;

(2) Being employed, transferred or employed to work in a state organ;

(3) performing military service according to law;

(4) Other circumstances stipulated by laws and administrative regulations.

Thirtieth in addition to the circumstances listed in Article 28 and Article 29 of these regulations, if a staff member proposes to terminate the employment contract and fails to reach an agreement with the institution, the staff member shall continue to perform the employment contract; After 6 months, if the staff member proposes to terminate the employment contract again, and still cannot reach an agreement with the institution, the staff member may terminate the employment contract.

Thirty-first national key engineering technical leaders and main technical personnel shall not terminate the employment contract according to Article 30 of these regulations.

Thirty-second staff members who are under review and investigation due to violation of law and discipline have not yet reached a conclusion, and may not terminate their employment contracts.

Article 33 A labor contract shall be terminated under any of the following circumstances:

(1) The employment contract expires;

(two) in accordance with the provisions of the state for retirement and resignation procedures;

(3) The staff member dies or is declared dead or missing by the people's court;

(four) the unit is revoked or dissolved;

(5) Being dismissed.

Upon the expiration of the employment contract, under any of the circumstances specified in Item (3) and Item (4) of Article 27 of this Ordinance, the employment contract shall continue until the corresponding circumstances disappear.

Thirty-fourth in any of the following circumstances, the institution shall pay economic compensation to the staff who dissolve or terminate the employment contract:

(a) the termination of the employment contract in accordance with the provisions of Article 24 of these regulations;

(two) in accordance with the provisions of article twenty-sixth of this Ordinance to terminate the employment contract;

(three) in accordance with the provisions of article twenty-eighth of this Ordinance to terminate the employment contract;

(4) Dissolving the employment contract in accordance with Item 1 of Paragraph 1 of Article 33 of these Regulations, but the unit proposes to renew the employment contract by maintaining or improving the conditions agreed in the employment contract that are beneficial to the staff, unless the staff does not agree to renew it;

(five) in accordance with the provisions of the fourth paragraph of the first paragraph of article thirty-third;

(six) other circumstances stipulated by laws and administrative regulations to dissolve or terminate the employment contract.

Article 35 The economic compensation for the dissolution or termination of the employment contract shall be paid at 1 year and 1 month salary according to the working years of the staff. If the working experience is more than 6 months but less than 1 year, it shall be calculated as 1 year; Less than 6 months, pay economic compensation for half a month's salary to the staff.

The employee's monthly salary refers to the average monthly salary that the employee actually received 12 months before dissolving or terminating the employment contract.

Article 36 When dissolving or terminating the employment contract, a public institution shall issue a certificate of dissolving or terminating the employment contract, which shall specify the term of the employment contract, the date of dissolving or terminating the employment contract, the post, and the years of working in the unit.

Institutions shall, within 15 working days from the date of issuing the certificate of dissolution or termination of the contract, assist the staff to handle the transfer and connection procedures of the relationship between archives and social insurance.

If the employment contract is dissolved or terminated according to law, the personnel relationship between the institution and the staff will be terminated.

Chapter V Evaluation and Training

Thirty-seventh institutions in accordance with the employment contract and job responsibilities, based on the satisfaction of the service object, a comprehensive assessment of the staff's morality, ability, diligence, performance, honesty, focusing on the assessment of work performance.

Thirty-eighth assessment is divided into peacetime assessment and annual assessment, and the employment period assessment can be increased when necessary.

The annual assessment is mainly based on the usual assessment, combining the internal evaluation of the unit with the evaluation of the service object, combining qualitative analysis with quantitative analysis, and adopting personal summary, performance analysis, democratic evaluation, comprehensive evaluation and other methods that meet the characteristics of the unit and post.

Thirty-ninth annual assessment results are divided into four grades: excellent, qualified, basically qualified and unqualified.

The assessment results during the employment period are divided into two grades: qualified and unqualified.

Fortieth annual assessment results are recorded in employees' personal files as the basis for adjusting posts and wages.

The assessment results of the employment period serve as an important basis for whether to renew the employment contract.

Forty-first institutions shall, in accordance with the relevant provisions of the state and the requirements of different positions, formulate staff training plans and organize their implementation.

Staff should participate in pre-job training, on-the-job training, job transfer training and special training to complete specific tasks according to the requirements of the unit.

Forty-second training and academic performance into the employee assessment content.

Forty-third training funds should be included in business expenses.

Forty-fourth institutions to provide special training fees to train staff, you can stipulate the service period and liability for breach of contract in the employment contract.

Chapter VI Reward and Punishment

Article 45 Employees or collectives shall be rewarded in any of the following circumstances:

(a) there are inventions and technological innovations in the work, and scientific research results are transformed into productive forces, which have achieved remarkable social and economic benefits;

(2) Having made outstanding contributions in cultivating talents, spreading advanced culture and promoting social civilization and progress;

(3) Having made outstanding contributions in carrying out important national tasks and responding to public emergencies;

(4) Having made outstanding contributions in effectively preventing and eliminating accidents and protecting public interests;

(five) long-term roots, dedication, outstanding exemplary role in performing their duties;

(six) other outstanding contributions in the development of social undertakings.

Article 46 The types of awards are: commendation, meritorious service, meritorious service and honorary title.

Awarded staff or collectives will be awarded certificates or medals, and will be given a one-time bonus and other treatment stipulated by the state.

Article 47 Awards for employees or collectives shall be decided or examined and approved in accordance with the prescribed authority and procedures.

Forty-eighth in any of the following circumstances, the award shall be revoked:

(a) fraud, defrauding the reward;

(2) concealing serious mistakes when reporting awards;

(3) Violating the prescribed authority or procedures;

(4) Other circumstances stipulated by laws and regulations.

If the reward is revoked, the certificate or medal (medal) shall be recovered, the bonus shall be recovered, and the relevant treatment shall be stopped.

Article 49 A staff member who commits one of the following acts shall be punished:

(a) violation of political discipline, damage the honor and interests of the state;

(two) in violation of work discipline, causing losses to public interests or people's lives and property;

(three) in violation of financial discipline, squandering the assets of the unit;

(four) in violation of professional ethics and social ethics, resulting in adverse social impact;

(five) other acts as prescribed by laws and regulations.

Article 50 The types of punishment are: warning, demerit recording, demotion (dismissal) and dismissal.

The penalty period is: warning, 6 months; Records, 12 months; Demotion (dismissal), 24 months.

Article 51 The punishment of staff shall be decided or examined and approved in accordance with the prescribed authority and procedures.

Disciplinary action shall be taken against the staff with clear facts, conclusive evidence, accurate characterization, proper handling, legal procedures and complete procedures.

Article 52 If a staff member is given a warning, he shall not be appointed to a post higher than the current post level during the punishment period, and shall not be rated as excellent in the annual assessment of that year; If he is given a demerit, he shall not be hired to a post higher than the current post level during the punishment period, and the annual assessment shall be indefinite; Those who have been demoted will be demoted from the effective date of the punishment decision, and the annual assessment will be indefinite during the punishment period.

Article 53 A staff member who is sentenced to fixed-term imprisonment or above shall be dismissed; Those who have been sentenced to other punishments or sentenced to fixed-term imprisonment with probation shall be demoted (dismissed) or dismissed.

Fifty-fourth staff members who have been punished other than dismissal have repented during the punishment period and have not violated the law and discipline, and the punishment will be lifted after the expiration of the punishment period.

After the punishment is lifted, the competitive employment and promotion salary will no longer be affected by the original punishment. However, if the post level is reduced due to demotion, it shall not be regarded as the restoration of the original post.

Chapter VII Wages, Welfare and Social Insurance

Article 55 Institutions shall implement a unified national wage system.

Employee's salary consists of post salary, salary scale salary, performance salary and allowance.

Post wages and salary scales shall implement the unified policies and standards of the state.

Institutions in the approved total performance pay, in accordance with the provisions of the procedures and requirements for distribution.

Staff enjoy allowances for hard and remote areas and special post allowances in accordance with state regulations.

Staff enjoy housing, medical care and other benefits in accordance with state regulations.

Article 56 The State shall establish a mechanism for the normal wage increase of staff in public institutions.

The salary level of staff should be coordinated with the development of national economy and adapt to social progress.

Fifty-seventh institutions implement the working hours system stipulated by the state, and staff members enjoy vacations in accordance with state regulations.

Article 58 Staff members who meet the conditions for retirement and resignation stipulated by the state shall retire and resign. After retirement and resignation, staff members shall enjoy corresponding treatment.

Article 59 The state establishes and improves the social insurance system for the staff of public institutions, and ensures that the staff can enjoy social insurance benefits in case of old age, illness, work injury, maternity and unemployment.

Chapter VIII Handling of Personnel Disputes

Sixtieth institutions and staff personnel disputes, in accordance with the relevant provisions of the "People's Republic of China (PRC) labor dispute mediation and arbitration law".

Article 61 A staff member who refuses to accept the following decision about himself may, within 30 days from the date when he knows or should know the decision, apply to the unit that made the decision for reconsideration; If you are not satisfied with the review result, you can lodge a complaint with the comprehensive personnel management department at the next higher level of the unit or the institution at the same level within 15 days from the date of receiving the review decision:

(a) the assessment is unqualified;

(2) Being punished;

(3) The award has been revoked;

(4) Other circumstances stipulated by laws and regulations.

Article 62 The unit that originally made the decision shall make a review decision within 30 days after receiving the application for review. The institution accepting the complaint shall make a decision within 60 days from the date of acceptance; If the case is complicated, it may be appropriately extended, but the extension period shall not exceed 30 days.

During the period of reconsideration and appeal, the execution of the decision shall not be stopped.

Sixty-third employment, assessment, reward, punishment, dispute handling and other reasons for withdrawal, the relevant personnel should withdraw.

Chapter IX Legal Liability

Sixty-fourth institutions in any of the following circumstances, the comprehensive personnel management department at or above the county level or the competent department of institutions shall be ordered to make corrections within a time limit; If no correction is made within the time limit, the directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(1) Personnel management rules and regulations violate laws and regulations;

(two) in violation of the provisions of the post setting, open recruitment, competition for posts;

(3) Signing contracts with staff in violation of regulations;

(four) in violation of the provisions of the probation period and service period agreed with employees;

(five) in violation of regulations to determine or pay staff wages and benefits and social insurance benefits;

(6) Dissolving or terminating the employment contract in violation of regulations;

(seven) the termination of the employment contract, not to pay economic compensation to employees in accordance with the provisions;

(eight) in violation of the provisions of the assessment, reward, punishment and other matters.

Article 65 If a public institution causes reputation damage to its staff due to improper personnel handling, it shall make an apology, restore its reputation and eliminate the influence; Causing economic losses, it shall be liable for compensation according to law.

Article 66 If a public institution employs a staff member whose employment contract or labor contract with other units has not been dissolved or terminated, thus causing losses to other units, it shall be jointly and severally liable for compensation.

Article 67 Any staff member of the comprehensive personnel management department or competent department of a public institution who abuses his power, neglects his duty or engages in malpractices for personal gain in the personnel management of a public institution shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.