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Will the staffing be fired at any time?
There's a reason why the staffing won't be fired at any time. A civil servant shall be dismissed in any of the following circumstances:
(a) in the annual assessment, it has been determined to be incompetent for two consecutive years;
(two) unable to do the current job, and do not accept other arrangements;
(three) due to the adjustment, cancellation, merger or reduction of the staffing of this organ, the work needs to be adjusted, and I refuse to make reasonable arrangements;
(4) Failing to perform the obligations of civil servants, failing to abide by the discipline of civil servants, failing to change after education, being unfit to continue working in government offices, and not being dismissed;
(five) absenteeism, business trip, without justifiable reasons for more than fifteen days in a row, or more than thirty days in a year.
Staffing is a unified recruitment under the overall planning of relevant government departments, and the organization department is responsible for examination and approval. Is directly under the local or subordinate units and departments of the staff, their wages and benefits, equipment configuration, education and training, daily management, etc. are included in the fiscal budget at the corresponding level to be guaranteed, and the employees directly sign employment contracts with specific employers.
If the staff of a public institution is absent from work for more than 15 working days in a row, or for more than 30 working days in 1 year, the public institution may terminate the employment contract. If the staff of a public institution fail to pass the annual assessment and do not agree to adjust their posts, or fail to pass the annual assessment for two consecutive years, the public institution may terminate the employment contract with a written notice 30 days in advance.
If the staff of a public institution is dismissed, the employment contract shall be terminated. If the employment contract is dissolved or terminated according to law, the personnel relationship between the institution and the person whose employment contract is dissolved or terminated shall be terminated.
What should I do if I don't sign a labor contract and don't pay?
If the boss resigns without signing a labor contract and paying wages, there are the following solutions:
1, negotiate with the boss;
2. There is a labor arbitration committee in the local labor bureau to apply for labor arbitration to get the salary back. This program is specially designed to solve labor disputes, and the effect is very good, without paying any fees;
3. If you are dissatisfied with the arbitration result, you can bring a lawsuit to the court;
You can complain to the labor inspection agency, and the labor inspection agency will order the employer to make corrections.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Labor Contract Law.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
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