Personnel Regulations

Original Language Title: 事业单位人事管理条例

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People's Republic of China State Council

                          No. 652 of the regulations on the management of personnel on February 26, 2014 adopted by the 40th Executive meeting of the State Council, are hereby promulgated and come into force since July 1, 2014.

                            Prime Minister Li keqiang

April 25, 2014 personnel regulations chapter I General provisions article in order to standardize personnel management in public institutions, safeguard the legitimate rights and interests of the staff in public institutions, constructing high-qualified team of staff in public institutions, promote the development of public services, this regulation is enacted.

Second personnel management in public institutions, adhere to the party's management of cadres, party managing talents principle of comprehensive and accurate implementation of the democracy, openness, competition and merit principle.

National classification management of staff in public institutions.

Article central personnel management Department is responsible for the national institutions and personnel management.

Personnel management in public institutions at and above the county level departments are responsible for the area of personnel management.

Departments of public institutions responsible for personnel management in public institutions.

Fourth institutions shall establish a comprehensive system of personnel management.

Institutions to develop or modify a personnel management system should be adopted by the representatives of the employees or other forms of hearing staff.

Post setting article fifth national institutions established in chapter II post management system, clear post categories and grades.

Sixth institution according to the mandate and operational requirements, in accordance with the relevant provisions of the State post.

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

Article seventh and institutions develop jobs programme, shall be submitted to the personnel management Department. Chapter of open recruitment and competition eighth newly recruited staff in public institutions, recruitment should be geared to the public.

However, the national policy of resettlement, according to the personnel management permissions are determined by the superior appointment, confidential except for posts and other staff.

Nineth open recruitment of staff in accordance with the following procedures:

(A) the development of open recruitment programme;

(B) the release position, eligibility requirements and other information;

(C) review candidate qualifications;

(D) examination, study;

(E) the medical examination;

(Vi) public list of candidates to be employed;

(G) to enter into an employment contract, the process of hiring procedures.

Article tenth job candidates within institutions, you need competition, in accordance with the following procedures:

(A) development of competition programme;

(B) in this unit released information about competition for jobs, qualifications, period;

(C) review of competition for personnel qualifications;

(D) evaluation;

(E) in this publication lists of candidates to be employed;

(Vi) employment procedures.

11th institution staff can communicate in accordance with the relevant provisions of the State.

12th chapter fourth employment contract entered into employment contracts with the staff of public institutions, in General, the term not less than 3 years.

13th first employment of staff and institutions enter into an employment contract period of 3 years, the probation period is 12 months.

14th institution staff in this unit worked continuously for 10 years and less than 10 years from the legal retirement age, proposed contracts of employment until retirement, institutions should be entered into with the contract of employment until retirement.

15th article institution staff absence from work for more than 15 consecutive working days, or 1 year absence from work over more than 30 working days of the institution may terminate the employment contract.

16th annual staff appraisal in public institutions are not qualified and do not agree with the adjustment to work or failed to pass the annual examination for two consecutive years, institutions 30th prior written notice, may terminate the employment contract. Article 17th 30th prior written notice of institution staff and institutions, may terminate the employment contract.

However, except as otherwise agreed by the parties to resolve the employment contract.

Article 18th institution staff members were expelled, may resolve the employment contract.

Article 19th from the date of termination of the employment contract cancellation, according to law, institutions and was relieved of personnel relations, terminated their employment contracts terminated. The fifth chapter assessment and training article 20th institutions shall, in accordance with the employment contract of the job tasks, fully assess the staff member's performance, with a focus on performance evaluation.

Assess customer's opinions should be heard and evaluated.

Article 21st assessment is divided into and routinely, and period of the annual appraisal assessment.

Results of the annual assessment may be divided into good grades such as competent, qualified and unqualified, period test results can be classified as qualified and non-qualified grade.

22nd results, as a public institution staff positions, salaries, as well as the basis for renewing the employment contract.

Article 23rd institutions shall, depending on the job requirements, preparation of training plans, classification of staff training.

Staff members shall be in accordance with the Organization's requirements, participate in pre-job training, in-service training, proper training and specialized training to complete a specific task.

24th training requirements in accordance with relevant regulations of the State expenditures.

The sixth chapter awards and penalties article 25th institution staff or group one of the following circumstances, providing:

(A) long service the grass-roots level, dedication and outstanding performance;

(B) in the implementation of national important outstanding tasks, responding to a major emergency;

(C) significant inventions, technological innovations in their work;

(D) training and made outstanding contribution in spreading advanced culture;

(E) other outstanding contributions.

Article 26th reward perseverance award combined with material rewards, spirit incentives-oriented principles.

27th awards include awards and victory, remember the work, granted honorary titles.

28th article institution staff of any of the following acts, the offender:

(A) damage the reputation and interests of the State;

(B) dereliction of duty of;

(C) work to seek illegitimate interests;

(D) waste, waste of national wealth;

(E) serious violations of professional ethics, social morality;

(Vi) other serious violations of discipline.

29th disposition into warning, demerit, reducing the grade or dismissal, dismissal.

During the punishment for: warning, 6 months; a demerit, 12 months; reducing the level or dismissed for 24 months.

Article 30th staff disposition should be qualitative and clear facts and evidence accurate and complete processing, procedure legal, properly.

31st punishment other than dismissal of staff by, and there were no more violations during the punishment, after expiration of the punishment, the decision to lift sanctions and notify me in writing.

The seventh chapter 32nd State to establish wages, welfare and social insurance incentives and constraints combined with the institution wage system.

Salaries in public institutions, including basic salary, performance pay and allowances allowances.

Wage distribution should be combined with characteristics of public institutions in different sectors, reflecting the responsibilities, performance, practical contribution to the work and other factors.

Article 33rd State shall establish a mechanism of regular staff salaries in public institutions.

The wage levels of staff in public institutions should be commensurate with the coordinated development of the national economy, and social progress.

Article 34th institution staff enjoy the benefits prescribed by the State.

Implementation of a national system of work provided and leave systems in public institutions.

35th in public institutions and their staff to participate in social insurance schemes according to law, workers shall enjoy social insurance benefits.

Article 36th staff in public institutions in line with State regulations for retirement should be retired.

Personnel disputes in the eighth chapter 37th institution staff of personnel disputes with the unit, in accordance with the People's Republic of China Law on mediation and arbitration of labor disputes and other relevant regulations.

Article 38th institution staff involved in my assessment results, refuses to accept the decision, may apply for review, in accordance with the relevant provisions of the State to appeal.

Article 39th institutions recruitment, assessment, reward, punishment, personnel disputes and other duty personnel perform their duties, have one of the following should be avoided:

(A) I have an interest in;

(B) with my near relative has an interest;

(C) the possible influence of other justice to perform his duties.

40th in the personnel management in public institutions for violation, no unit or individual can contribute to the integrated management of personnel departments, departments or Watchdog complaint, report, shall promptly investigate and deal with the relevant departments and agencies.

41st Nineth chapter legal liability institutions violate the provisions of this Ordinance, by the Department of personnel management departments at or above the county level, or rectification; fails to make corrections to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.

42nd of personnel of public institution staff to deal with violations of these regulations cause reputational damage to individuals, should apology, rehabilitation, removal, causing economic losses, shall be subject to compensation.

Article 43rd integrated personnel management Department staff worked in personnel management in public institutions and authorities in the abuse of power, negligence, malpractice, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law. Tenth chapter supplementary articles article 44th of the regulations come into force on July 1, 2014.

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