Interpretation of People's Republic of China (PRC) Civil Service Law: Article 96

Article 96 When recruiting civil servants, government agencies may refer to the recruitment procedures of civil servants' examinations, or directly select and hire qualified personnel.

The appointment of civil servants by organs shall be carried out within the prescribed staffing limit and salary funds.

Interpretation of this article is about the way and conditions of employing civil servants by organs.

First, the way of appointment.

According to this article, there are two ways to recruit civil servants: one is open recruitment, and the other is direct recruitment.

The way of open recruitment refers to the procedure of civil service examination and recruitment. The procedures of civil servant recruitment mainly include: (1) issuing recruitment announcement. The recruitment announcement shall specify the post, quota, qualifications, application materials to be submitted and other matters needing attention. (two) the recruitment agency shall examine the application according to the qualifications. The application materials submitted by the applicant shall be true and accurate. (3) conducting examinations. The civil servant recruitment examination is conducted in a combination of written examination and interview, and the examination content is set according to the basic abilities that civil servants should have and different job categories. (four) the recruitment agency shall determine the candidates for inspection according to the examination results, and conduct qualification review, inspection and physical examination. The items and standards of physical examination are determined according to the post requirements. (five) the recruitment agency according to the examination results, inspection and physical examination results, put forward the list of candidates, and announced to the public. At the expiration of the publicity period, the central level recruitment agency will report the list of persons to be hired to the central civil servant department for the record; Local recruitment agencies at all levels will report the list of personnel to be hired to the provincial or municipal civil service authorities for approval. The main ways to openly recruit civil servants with appointment system are as follows: First, the recruitment agency will publicly publish a recruitment announcement through newspapers, publications, television, radio or the Internet, explaining the nature, responsibilities and treatment of the recruitment position, the requirements for the qualifications and age of the candidates, and the recruitment procedures. Secondly, the applicant should submit an application to the recruitment agency, and at the same time, he should also submit his resume, diploma, degree certificate, scientific research achievements, work performance and other materials. Third, the recruitment of civil servants with appointment system can be held in public or in private, and only the qualifications and academic qualifications of candidates are reviewed, and the candidates are assessed through interviews. Fourth, the recruitment agency examines the qualifications, assessment or examination results of the candidates, and then determines the employees. Finally, the appointed civil servant should sign a contract with the appointing authority, which is recognized by both parties or the notary office and has legal effect, thus forming an employment relationship.

The method of direct employment is to sign employment contracts directly with qualified personnel. Different from the open recruitment method, we directly hire people who don't make announcements and don't accept applications from ordinary people, directly assess qualified people, and review their conditions, such as academic qualifications, qualifications or experience, before deciding whether to hire them. Direct selection of candidates is generally produced through the agency's own reserves, recommendations from relevant organizations or personnel, and personal recommendations. The direct selection method is simple and easy, and the procedure is simple. However, the selection of candidates has a narrow vision, lacks objective standards and is easily influenced by human factors. Therefore, we should strengthen the supervision and management of direct selection.

Second, the appointment of civil servants should follow the requirements

The preconditions for the appointment of civil servants are: first, the establishment of quotas; The second is salary and funding restrictions. The establishment of institutions and the amount of wage funds are determined by legal standards and procedures. Each organ has a fixed staffing and salary quota, which cannot be changed without legal procedures. All organs are not allowed to set the number of personnel outside the prescribed quota and wage fund. In fact, the state does not recognize the appointment of personnel beyond the establishment quota and salary funds, and the financial security is guaranteed. Therefore, the appointment of civil servants can only be carried out within the prescribed staffing quota and salary funds.