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14 implementation plan for the reform of classified catalogue of public institutions
The "Regulations" adapt to the new situation and requirements of the reform and development of public institutions, and establish the basic system of personnel management in public institutions with the basic contents of post setting, open recruitment, competitive recruitment for posts, employment contracts, assessment and training, rewards and punishments, wages and benefits, social insurance, personnel dispute handling and legal responsibilities. The promulgation and implementation of the "Regulations" is of great significance for establishing a personnel management system with clear responsibilities, scientific classification, flexible mechanism and strong supervision, which conforms to the characteristics of public institutions and the law of talent growth, building a high-quality staff of public institutions and promoting the development of public services.
The "Regulations" stipulate that the personnel management of public institutions should adhere to the principle that the party manages cadres and talents, and comprehensively and accurately implement the principles of democracy, openness, competition and merit. The state implements classified management for the staff of public institutions.
The "Regulations" clarify that the comprehensive personnel management department of central institutions is responsible for the comprehensive personnel management of national institutions. The comprehensive personnel management department of local institutions at or above the county level is responsible for the comprehensive personnel management of institutions in this area. The competent department of public institutions shall be specifically responsible for the personnel management of their subordinate institutions.
The "Regulations" stipulate that institutions should set up posts in accordance with relevant state regulations, and clarify the post categories and grades. New recruits in public institutions are openly recruited for the society.
The Regulations stipulate the employment contract period and probation period for first-time employees, clarify the conditions for concluding employment-to-retirement contracts, and clarify the termination of employment contracts and the termination of personnel relations after the termination of contracts.
The "Regulations" stipulate that public institutions shall conduct comprehensive performance appraisal on their staff according to the job responsibilities and tasks agreed in the employment contract, focusing on their work performance. Institutions shall, according to the requirements of different posts, conduct classified training for their staff.
The "Regulations" clarify the circumstances of awards, establish the principles of awards, and clarify the types of awards. The "Regulations" stipulates the circumstances of punishment, clarifies the types of punishment, puts forward the requirements of punishment work, and establishes the system of punishment revocation.
The "Regulations" stipulate that the state establishes a wage system for public institutions that combines incentives and constraints. The salary distribution of public institutions should be combined with the characteristics of different industries and institutions, reflecting factors such as job responsibilities, work performance and actual contribution.
The Regulations stipulate that personnel disputes between staff of public institutions and their units shall be handled in accordance with the Law on Mediation and Arbitration of Labor Disputes and other relevant provisions. The "Regulations" specifically stipulate that staff members of public institutions who are dissatisfied with their assessment results and disciplinary decisions may apply for review and lodge a complaint. "Regulations are more like guidelines, and all localities need to formulate detailed rules."
Asia Net News (Chief reporter Fan Qiongyan) the State Council's Regulations on Personnel Management of Public Institutions was promulgated on May 15, 2005, which is the first administrative regulation in China to systematically standardize personnel management of public institutions and will be implemented on July 15, 2006. On May 15, relevant experts in our district explained that "the personnel of public institutions participate in social security according to law" mentioned in the regulations is one of the highlights.
Social security: personnel of public institutions enjoy social security benefits according to law.
Regulations and institutions and their staff shall participate in social insurance according to law, and staff shall enjoy social insurance benefits according to law.
Experts in our region explained that in fact, many regulations are being implemented now, such as open recruitment, employment contracts, performance pay and so on. , but its provisions used to be scattered and distributed in relevant laws and regulations. It is a good trend that the Regulations are now promulgated, and all aspects of regulations are systematically and comprehensively incorporated, so that the personnel management of public institutions is more standardized and easier to operate.
On May 15, Xinhua News Agency said that the Third Plenary Session of the 18th CPC Central Committee decided to promote the reform of endowment insurance system in public institutions. The "Regulations" put forward that the staff of public institutions should participate in social insurance, and once again issued an urgent signal from the legal level that the medical care and endowment insurance of public institutions should be "merged".
Some scholars in China believe that the Regulations have made substantial progress in the "pension integration" that has been clamoring for many years. It not only helps to solve the problem of fairness that has been criticized by the public for a long time, but also brings the institutions with strong stability and guaranteed continuous payment into the social pooling system when the public is worried about the pension gap, that is, puts part of the financial expenditure directly into the pooling pool of the pension insurance fund, and the anti-risk ability of the pension will be greatly improved.
Of course, for the staff of public institutions, because the integration of pensions involves the payment and treatment, it may face a decline, which is also the reason for its difficult reform. But at the same time, it is conducive to the flow of personnel in institutions. Previously, the staff of public institutions did not participate in social security, and there will be no guarantee for old-age care after dismissal. Even if you re-join the enterprise, the payment period will be less. In the future, according to the "Regulations", with social security, even if you go to work in an enterprise after being dismissed, social security will be connected, so you don't have to worry about providing for the elderly. With the improvement of social security standards and the continuous advancement of reform, the "dual track system" will eventually merge and unify, which is the general trend.
Employment contract: the term is generally not less than 3 years.
The employment contract signed by the institution and the staff is generally not less than 3 years.
Interpretation of China's trial employment system in public institutions since 2002, the purpose is to reform the employment mechanism of public institutions, from the previous administrative appointment relationship to the employment relationship of equal consultation. The Opinions on the Trial Employment System in Public Institutions issued by the former Ministry of Personnel put forward that employment contracts are divided into short-term, medium-term and long-term contracts with the completion of certain work as the deadline.
The "Regulations" do not classify the employment contracts of public institutions, but uniformly stipulate that the employment period is generally not less than 3 years. Experts in our region believe that the "Regulations" make detailed provisions on the conclusion of employment contracts, which is more conducive to the establishment of a relatively stable talent team. However, experts question the stipulation that "the first employment contract between a staff member and a public institution is more than 3 years, and the probation period is 12 months": although "the first probation period is 12 months", how to define "first employment"? This is not clear, and the actual operation will be ambiguous in the future.
Dismissal conditions: you can be dismissed if you are absent from work for more than 15 days.
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.
Experts in our region interpret that the "Regulations" make detailed provisions on dismissal and termination, which is conducive to establishing an employment mechanism in which institutions can enter and exit, and can be promoted and demoted. But at the same time, experts believe that the situation mentioned in the regulations is not very comprehensive. For example, if the previous probation period is not suitable for the post, the contract can be terminated, which is not involved this time.
The promulgation of the "Regulations" has raised the public recruitment, employment contracts and performance pay of public institutions from departmental regulations to administrative regulations, which is conducive to further strengthening and standardizing all work on the existing basis. However, experts in our region also said that although the Regulations have been refined, there are still many places that need to be clarified. Its main function is still to guide the outline, and it needs to formulate relevant rules before it can land.
Wage: Establish a normal wage growth mechanism.
The state establishes a normal wage increase mechanism for staff in public institutions.
Interpretation Xinhua News Agency said in the highlight interpretation of the draft Regulations on Personnel Management of Public Institutions on May 15 that the reform of income distribution of public institutions in China began in 2006. At present, the salaries of staff in public institutions include basic salary, performance salary and allowance. In recent years, China has carried out performance-based pay reform in public institutions. This reform was first carried out in compulsory education schools, public health and primary medical and health institutions, and now the performance pay of local institutions has been basically realized.
"At present, the establishment of post performance pay system in public institutions is only a step of reform. The more difficult reform is to find a relatively fair income distribution method among institutions in different regions, different industries and different sources of funds. " He Fengqiu, a researcher at China Institute of Personnel Science, said.
She believes that the next step in the reform of wage income of public institutions will be promoted simultaneously with the classification reform of public institutions. The wage increase mechanism mentioned in the regulations should be that the state regularly adjusts the salary level of the staff of public welfare institutions according to factors such as economic development, financial situation, salary level of the same staff in enterprises and price changes, while for institutions transformed into enterprises, the distribution system of enterprises should be implemented; For institutions that undertake administrative functions, they should return to civil servant management and implement the civil servant salary system.
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