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Rules Of Shenzhen Municipality For Administration Of Staff In Public Institutions (For Trial Implementation)

Original Language Title: 深圳市事业单位职员管理办法(试行)

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(Act No. 137 of the People's Government Order No. Š of 20 October 2004 on 1 January 2005)

Chapter I General
Article 1 establishes a career unit's staff system, upholds the rights of the unit and the staff and develops this approach in line with the relevant legislation.
Article 2, this approach applies to the enterprise unit of the city and to the staff who are associated with their employment.
This approach refers to social services organized by State agencies or other organizations for the use of State assets, with the exception of the enterpriseization management unit, approved by the municipal, district-based institutions for the purpose of social good.
This approach refers to persons employed in administrative positions and professional technical positions by the cause unit in accordance with this approach.
Article 3.
The unit introduces a job classification system whereby staff are employed and recruited on the basis of the classification of posts, based on the principles of openness, equality, competition and merit.
Article 4
(i) Competent positions that are adapted to their conditions;
(ii) Non-adjusted grounds for legal reasons or for the duration of employment;
(iii) The duration of employment, with priority under the same conditions;
(iv) Access to labour safety, health protection and other working conditions that are vested in the performance of their duties, and access to social insurance and welfare;
(v) Participation in the democratic management of this unit by law;
(vi) Participation in education training;
(vii) Complaints and application of personnel disputes;
(viii) Other rights provided for in the legislation.
Article 5
(i) Respect for the Constitution, laws and regulations;
(ii) Maintenance of national interests and conservative State secrets and working secrets;
(iii) The fulfilment of the functions of the position and the fulfilment of its mandate, focusing on social benefits;
(iv) To adhere to regulations and adhere to professional ethics;
(v) Education training as provided;
(vi) Other obligations under laws, regulations.
Article 6 Under the guidance of the municipal personnel authorities, the district Government's personnel administration authorities (hereinafter referred to as district personnel authorities) are responsible for the management of the staff members of the enterprise units of the area under the authority of management.
The executive authorities of the Government are responsible for the management of the personnel of the relevant units under the guidance of the municipal, district personnel authorities.
Chapter II Posts
Article 7.
Article 8
The job creation programme developed by the unit should be presented to the personnel authorities for implementation after approval.
Article 9. The unit of the cause shall, in accordance with the job creation of a post statement of position, report on the status of the administrative authorities and the personnel authorities and make it available.
The job descriptions should clarify the categories of persons belonging to the position, the place of office, the place of office, the mandate, the terms of reference, the qualifications required, as a basis for the recruitment, appointment, evaluation, training, communication and the identification of wage benefits.
Chapter III Recruitment
Article 10 provides for a full-fledged recruitment system to clarify the rights obligations of both parties through a contract for employment.
Article 11. The vacancy in the position of the unit of the cause shall be subject to the hiring of the staff and should be recruited in an open manner or through the selection.
Specific options for public recruitment and selection are developed separately by municipal personnel authorities.
Article 12 Recruitment of staff by public recruitment units is carried out by the municipal personnel authorities in the form of an examination, medical examination, examination, evaluation, evaluation, etc.
In accordance with the terms of office requirements and the examination, appraisal and medical examination results, the administrative authorities or the unit of the cause determine the proposed recruitment and report on the recruitment process before the municipal personnel authorities.
Article 13. Recruitment of staff by the enterprise unit shall be subject to review by the municipal personnel authorities of the positions to be recruited in a selection manner and the eligibility conditions to be employed;
In accordance with job requirements and the examination, examination, inspection and medical examination results, the unit has identified the proposed recruitment of staff and has reported on the recruitment process before the municipal personnel authorities.
Article 14. It is proposed that the staff be employed as a legal representative of the unit of the cause and that a contract for employment be contracted under the terms of management of the employment.
The model text of the contract for staff recruitment is developed by the municipal personnel authorities.
Article 15. Terms of employment of employees are employed by the enterprise unit, which is generally not more than five years, with the exception of the law, regulations and this approach.
The unit shall enter into a contract for employment to retirement, which is up to 25 years or less than 10 years of continuous service of this unit and which shall be concluded with it.
The staff employed by the unit for the first time may set the probationary period, but the probationary period shall not exceed six months. The probation period includes the period of recruitment.
Article 16 terminates the terms of termination of the contract by the staff member or the contract agreed between the parties.
The staff member's employment contract expires, and the parties are willing to continue the employment contract directly. If one party does not agree with the renewal, the communication shall be communicated in writing before 30 June.
Article 17 Staff employment contracts may be changed or removed, with the consent of the parties. The dismissal of the contract shall be submitted to the personnel authorities.
In one of the following cases, a staff member may distribut a contract:
(i) During the probationary period;
(ii) A full-time higher institution;
(iii) Legal military service;
(iv) As confirmed by the relevant national, provincial or municipal authorities, the safety, health conditions of the work unit are poor and seriously endanger the physical health of the staff;
(v) The unit of the cause does not perform the contract of employment or violates the legitimate rights and interests of the staff.
The dismissal of the employment contract by the staff member should be communicated to the employment unit by 30 days in writing.
In one of the following cases, the staff shall not be dismissed by single parties:
(i) The main heads of national and provincial, municipal priority engineering research projects and the operational axes, which have not been completed or have not been replaced;
(ii) Be engaged in default, confidential work, or has been engaged in default, confidential work and within a specified period of confidentiality;
(iii) Controversies with respect to intellectual property, scientific research results attribution;
(iv) Other cases provided for by law, regulations and regulations.
Staff members should be responsible for default, in violation of the former provision, for the removal of the contract by the individual party; for the loss of the unit, the liability should be borne by law.
Article 20 has one of the following cases, and the unit of the cause may dispense the contract by one side:
(i) Be proved to be incompatible with the terms of employment or the completion of the probationary period;
(ii) In excess of 10 working days or over 20 working days in one year;
(iii) After the agreement of the unit to leave self-payment for a period not exceeding one month;
(iv) The occurrence of a liability accident in violation of disciplinary or operational regulations, or the serious consequences of negligence, misconduct, misconduct and private fraud;
(v) Serious disruption of the order of work, resulting in the work of the unit and the failure to produce it;
(vi) Be sentenced to imprisonment for more than one sentence or to imprisonment for labour;
(vii) The illness or non-worker injury shall not be carried out after the expiry of the prescribed medical period and shall not be subject to separate arrangements;
(viii) The absence of a contract owing to significant changes in the structure and the objective circumstances on which the contract is based;
(ix) Removal time for more than one year remains difficult to relocate other positions;
(x) Legal, regulatory, and contractual agreements may release the other conditions in which contracts are employed.
The unit of the cause should be informed in writing on 30 days in advance of the termination of the contract in the first paragraphs 7 to IX.
Article 21, which is one of the following cases for staff members, shall not be removed from the employment contract, except in the case of article 20, paragraphs 1 to 6:
(i) The age of five years from the mandatory retirement age;
(ii) The illness or injury during the prescribed medical period;
(iii) Female staff during pregnancy, childbirth and breastfeeding periods;
(iv) Occupational illness or injury to work, and the medical worker's identification is 5-10 disability;
(v) The judicial or disciplinary inspection department review is being accepted and no conclusions have been reached;
(vi) Other cases provided for by law, regulations and regulations.
The staff member has the fourth provision of the former paragraph, which is based on consensus with the unit of the cause, which may be dismissed.
The second article dismissed the employment contract by the staff member, and its job appointment agreement was cancelled.
The unit shall grant economic compensation for the reasons set out in articles 20, paragraph 1, paragraphs 7 to 9. The compensation payments can be based on the length of service of their current unit, which pays one month's salary each year and is less than one year.
The monthly salary referred to in the previous paragraph was calculated at the average monthly salary rate of 12 months prior to the dismissal of the contract; less than 12 months was calculated on average monthly salary for the actual work month.
Chapter IV
Article 23. Staff positions are employed by means of a contractual appointment agreement with clear terms of reference, functional requirements and entitlements.
Article 24 The recruitment of staff should be accompanied by a letter of appointment.
The employment of the treasury office is to be carried out by the competent ministry in the form of public selection, selection, internal competitive or democratic advice. The appointment is a legal representative, who is appointed by the appointed office and by the competent organ in accordance with the terms of the appointment agreement with him or her; the appointment of a candidate for other leadership positions; and the appointment of an agreement by the statutory representative of the unit.
Staff positions should be employed and should be avoided in accordance with the relevant provisions.
Article 25
Article 26
The term of office of the staff member expires, the duration of the recruitment period may be extended or other corresponding positions.
Article 27 Terms of office, by consensus with the staff, may be replaced by the unit of the cause; one of the staff members shall be replaced by the unit of the cause:
(i) Under the regime of avoidance, there is a need to avoid service;
(ii) The illness or non-worker injury shall not be carried out after the expiry of the medical period;
(iii) Removal, lower-level disposal or other dispositions are not appropriate to continue to be employed in the original position;
(iv) In the absence of work, it would not be appropriate to continue its work in that position;
(v) The terms of the appointment agreement should be replaced.
The staff member shall be employed in the first paragraph in a manner that is less than his or her place of office; in other cases, under the terms of the letter of appointment, it may also be less than his or her office.
Article 28 provides that one of the following cases shall not be employed at the senior level:
(i) Investigations are being investigated by the judiciary or the disciplinary inspection department;
(ii) The disciplinary disposal has not been lifted;
(iii) No completion of the objectives of the term of office;
(iv) In accordance with the relevant provisions of the State, the province and the city, the recruitment of high-level posts is not appropriate.
Article 29 contains one of the following cases for staff members and should be dismissed:
(i) The unit agrees to distance from office for more than one year;
(ii) In the absence of work, it would not be appropriate to continue its work in that position and to temporarily relocate suitable posts;
(iii) Other cases provided by the municipality.
The unit of the cause shall re-elected the appropriate position after the end of the study, and the second paragraph may arrange other temporary work.
The termination of the employment contract shall take place for reasons such as the expiration of the contract.
Article 33 Changes in the staff position or expiration of the term of office shall be subject to an audit.
Chapter V
Article 31 provides for the establishment of a staff salary distribution system that is based on efficiency priorities and the principle of equity.
Article 32 governs the wage system of the unit of the cause, with the total salary of the units approved by the personnel authorities with the financial authorities.
Article 33 should determine the wage distribution of the unit and the salary standards for the positions, in accordance with the approved total salary.
The wage allocation of employees of the enterprise unit must be adopted by the General Assembly or by the employee (person) on behalf of the General Assembly.
The wage allocation of the unit and the salary standards for the posts should be reviewed by the administrative authorities for the post of personnel authority, without administrative authority, and approved by the personnel authorities.
Article 34 pay treatment of staff is based on salary and is determined in accordance with the number of work, the quality of work and the economic benefits and social benefits created by individuals.
Staff employed in two different categories of posts are determined by workload and working hours to receive wage treatment in the main positions.
In the course of dismissal, the staff retained fixed wages such as the salary for the positions of the original office only; the unit approved self-employment studies and suspended wages.
Article XV Staff leave, housing and other benefits are implemented in accordance with the relevant provisions of the State, the province and the city.
Chapter VI
Article 36 shall conduct an examination of the staff in accordance with the principle of objectivity and impartiality and, under the guidance of the personnel authorities, establish a vetting system based on a post-management and recruitment system, a probationary period, a chronological examination, an annual (the teaching unit is an annual academic year, with a view to the conduct of the examination of the nuclear and term.
Article 37 shall establish specific criteria for the conduct of inspections and for the conduct of the examination of the staff of this unit, which shall be carried out by the General Assembly of the Employer (Chief) or by the Staff (Chief) on behalf of the General Assembly.
The business unit should be based on the appointment of a contract and the appointment of a job agreement, with the performance of the staff and the introduction of a case-by-step examination.
Article 338 Staff probationary appointments are eligible and non-qualified, and the grades of the staff assessment for the conduct of the annual examination and appointment of the office are determined on the basis of the evaluation method of the unit.
The results of the annual examination and appointment of employees of the unit of the cause are summarized by the administrative authorities and are reported to the personnel authorities.
Article 40
The staff probationary period was not qualified and the contract was cancelled.
Article 40 grants honorary awards to staff members, such as denunciation, hiding, etc. or awards, to be carried out in accordance with the relevant provisions of the municipal government; other forms of incentives and recognition by the cause unit.
Article 42 contains violations and disciplinary acts by the staff and is governed by the relevant provisions.
Chapter VII Education training
Article 43x provides for systematic education training of staff, as required by the position, in accordance with social, economic, scientific and technological development needs.
Staff members should participate in the training of the staff of the Unit and encourage staff to participate in various social trainings that enhance the personal capacity.
Staff training is divided into office training and continuous education training.
Staff training should be tailored, practical and advanced.
The training of staff can be carried out by the self-organization or commissioning of training institutions such as higher colleges and scientific colleges.
The performance of the training of staff and the completion of the training mandate are one of the basis for the conduct of the staff's conduct.
Chapter VIII Social security
Article 47 provides for the progressive establishment and improvement of social insurance systems adapted to the staff system, in accordance with the level of socio-economic development and social sustainability of the city.
Article 488 Staff members shall participate in social insurance, such as old-age, medical care, in accordance with the relevant provisions of the State and the city, and the specific approach of the civil security system is provided by the municipality.
Article 49 provides for the treatment of social security by law in one of the following cases:
(i) Retirement;
(ii) Diseases, injuries, maternity;
(iii) Working disability or occupational illness;
(iv) Unemployment.
Article 50 Staff members should be retired, except in accordance with the provisions of the State for an extension of the retirement age:
(i) The age of 60 years for men and the age of 55 years for women, with the age of 10 years;
(ii) The age of 50 years for men and the age of 45 years for women, the age of work expired for a period of 10 years, with the identification of loss of labour by medical workers in this city.
Staff members may also be subject to retirement procedures, with the identification of loss of labour capacity by the Medical Labour Institute in this city.
Staff members are in compliance with the State's provisions and may be retired.
Staff retirement or re-entry are calculated according to the relevant provisions of the municipal government.
A staff member is in accordance with one of the following conditions and, upon request, the unit agrees to and submit approval by the municipal personnel authorities, may retire in advance:
(i) The age of 55 years for men and the age of 50 years for women, with the age of 20 years;
(ii) Work with wells, high altitudes, special heavy work or other harmful physical health, with the age of 55 years for males and 45 years for females and 10 years for continuous work;
(iii) Other cases specified by the State.
Chapter IX Dispute resolution
In article 52, the parties may apply to the personnel dispute arbitration body for arbitration within a specified period of time, in the event of controversy arising from the recruitment, hiring and carrying out the appointment of a contract or job acceptance agreement.
Article 53 governs the jurisdiction of municipal, district personnel dispute arbitration bodies.
Article 54, which causes economic losses to staff due to violations or default, should be corrected in a timely manner and compensated or compensated; and the reputational damage should be responsible for the elimination of the impact. When compensation or compensation is provided, the unit may be paid to the responsible person with a significant error.
Chapter X
In addition to the implementation of the provisions of this approach, the management of members of the leading unit should also be implemented in the State, the provinces and municipalities.
Article 56 should authorize businesses to assume logistics services and to implement the socialization of logistics services; the logistics work of the business unit is not properly commissioned and, with the approval of the personnel authorities, to hire persons in accordance with the provisions of the municipal government relating to the management of employees.
Article 57