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深圳市机关事业单位雇员管理试行办法 Order of the Shenzhen Municipal People’s Government

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深圳市人民政府令第133号

颁布日期:20040623  实施日期:20040801  颁布单位:深圳市人民政府

  No. 133

  Measures for Trial Implementation of the Shenzhen Municipality on the Administration of the Employees of the Government Offices and Institutions was adopted at the 108th Executive Meeting of the Third Session of the Municipal Government, is now promulgated, and shall take effect as of August 1, 2004.

  June 23, 2004

  Measures for Trial Implementation of the Shenzhen Municipality on the Administration of the Employees of the Government Offices and Institutions

  Chapter I General Provisions

  Article 1 In order to improve the efficiency of government work, control the administrative operation cost, and safeguard the legal rights of the government offices and institutions and their employees, these measures are hereby formulated in accordance with the related law and regulations and in the light of practical conditions.

  Article 2 These measures shall apply to the government offices and institutions of this municipality and their employees.

  The institutions referred to in these measures shall mean the social service organizations which have been established for the purpose of public interests after approval by the municipal, district departments in charge of establishment of organizations and supported by the state assets provided by the government offices or other organizations, but not including those institutions that are managed as enterprises.

  The employees referred to in these measures shall mean the persons employed by the government offices and institutions through contract within the authorized size of organization and the approved number of personnel.

  Article 3 The employee administration shall be conducted in combination of unified administration and administration by classification.

  The government office and institutions shall employ persons according to the principle of openness, equality, competition, and selecting based on qualifications.

  Article 4 When the employees are discharging the duties of their job according to these measures and employment contracts, their rights and obligations shall be performed in the light of the related rules on the public servants of the state and the staff members of institutions.

  Article 5 The administrative department of the municipal government in charge of personnel (hereinafter referred to as the municipal department of personnel) shall be responsible for the employee administration of this municipality. The administrative departments of district governments in charge of personnel shall, under the direction of the municipal department of personnel, be responsible for the administration of the employees of the subordinate units in their respective jurisdictions according to their authority.

  The departments of government in charge of establishment of organizations, finance, labor, and social security, etc. shall, according to their division of duties, cooperate with the department in charge of personnel in the employee administration.

  Chapter II Classification and Disposition

  Article 6 The employees shall be classified as senior employees and ordinary employees.

  The senior employees shall mean the senior professionals whom the municipal government has decided to employ for the special needs in improving the management and service of the government offices and institutions.

  The ordinary employees shall mean the personnel whom the government offices and institutions have employed for undertaking intermediate and special tasks or intra-unit odd jobs and work of auxiliary character.

  The specific posts of the ordinary employees of the government offices and institutions shall be determined by the municipal department in charge of establishment of organizations jointly with the municipal department of personnel, and these posts shall be made public.

  Article 7 The senior employees of administrative offices shall be hired by the municipal government; the senior employees of institutions shall be hired by the institutions, the resultant expenses shall be provided by the employing units on their own.

  The ordinary employees shall be hired by government offices and institutions themselves.

  Article 8 The employees shall be calculated as part of the authorized personnel number of an organization; for a temporary organization approved by the department in charge of establishment of organizations to be established for undertaking intermediate and special tasks or for the government offices and institutions with increased specified number of personnel, the department in charge of establishment of organizations shall determine the specified number of employees according to the needs on the basis of the nature of the units' work at the same time when assigning the authorized number of personnel.

  The specific number of senior employees shall be determined by the municipal government according to the needs of the social and economic development of this municipality.

  Chapter III Employment Procedure

  Article 9 The employees' hiring shall be done through public invitation of application for jobs, the specific measures shall be worked out separately by the municipal department of personnel.

  Article 10 An applicant for employment shall meet the following requirements:

  (1) to abide by the Constitution of the People's Republic of China, law and regulations;

  (2) to be willing to perform the obligations of an employee;

  (3) to satisfy the prescribed qualifications.

  Applicants for the post of a senior employee shall be the experts or scholars who

  are of great attainments in their specialty and of high reputation both at home and abroad.

  If an ordinary employee post requires professional and technical qualifications or practicing license, the applicant shall meet the corresponding requirements.

  As for the applicants for the posts which are not the odd jobs and auxiliary posts, they shall have the record of formal schooling at the level higher than college for professional training.

  Article 11 When the government offices and institutions hire senior employees, they shall work out an employment plan to report, after the examination by the department in charge of personnel, to the municipal government for approval, the municipal department of personnel shall make an announcement to invite for application for these jobs and conduct the examination jointly with the employing units; the senior employee candidates of government offices shall be reported to the municipal government for employment decision; the decision on the employment of the senior employees candidates of institutions shall be made by the institutions.

  Article 12 When government offices and institutions hire ordinary employees, they shall work out an employment plan; the employment plan shall include the following contents: the way and reason of hiring employees, the number of employees, the specialties and qualifications of employees, the duty requirements for employees' posts and basic pay.

  Article 13 When government offices and institutions invite application for the posts of ordinary employees to take odd and auxiliary jobs, they shall report their drafted employment plans to the department in charge of personnel, after the plans have been approved, the employing units shall organize a public invitation for application for these jobs.

  When government offices and institutions invite application for the other posts of ordinary employees, they shall report their drafted employment plans to the department in charge of personnel for approval, a unified invitation for application for these jobs shall be organized by the department in charge of personnel, and a written examination, interview and physical examination shall be arranged by the department in charge of personnel or its employing units upon entrustment in the light of the related rules on employment (appointment) of public servants and staff members.

  Article 14 The ordinary employee candidates shall be determined by the employing units according to the post requirements and the results of examinations, assessments, and physical examinations, and then the employment contracts shall be signed.

  The employing units shall report the name list of the employees including their basic information to the departments in charge of personnel and establishment of organizations for record.

  Chapter IV Employment Contracts

  Article 15 An employing unit shall sign an employment contract with an employee candidate according to the principle of equality and voluntariness and reaching unanimity through consultation.

  An administrative office entrusted by the municipal government shall sign an employment contract with an administrative office senior employee.

  Article 16 An employment contract shall include the following main contents:

  (1) contracting parties;

  (2) the main duties of the employee post or the main tasks of the employee;

  (3) the working conditions provided by the employing unit;

  (4) the welfare benefits of the employee;

  (5) the term of the contact;

  (6) the liabilities of breaking the contract;

  (7) the other contents agreed on by the employing unit and the employee.

  Article 17 The term of an employment contract shall be determined by the

  employing unit according to the tasks of the employee's post, but the term for each employment shall not more than 3 years; there shall be no more than two times of renewal of the contract after the expiration, and the renewal shall not be longer than 3 years each time.

  For a first-time employee, an employing unit may set a probation period, but the probation period shall not be more than 6 months. The probation period shall be included in the employment period.

  Article 18 If the term of an employment contract expires or the conditions for terminating a contract agreed on by both parties occur, the contract shall be terminated.

  If an employment contract expires and both parties want to continue the employment, they may directly renew the contract.

  Article 19 An employment contract may be changed or cancelled if both parties have reached an agreement through consultation.

  Article 20 If there is one of the following situations, an employee may terminate an employment contract unilaterally:

  (1) during the probation period;

  (2) being enrolled to perform military service according to law;

  (3) the employing unit has failed to execute the contract or encroached upon the legal rights of the employee.

  When an employee terminates an employment contract unilaterally, a written

  notice shall be given to the employing unit 30 days in advance.

  Article 21 If there is one of the following situations, an employee shall not terminate an employment contract:

  (1) the chief responsible person or key members of the professional team of a state, provincial or municipal major project of engineering or scientific research have neither completed the undertaken tasks nor found substitutes;

  (2) the undertaken work is related to the information of top secrets or secrets and still within the term of keeping the secrets;

  (3) there is an controversy on the ownership of intellectual rights or scientific research achievements with the employing unit;

  (4) the other situations stipulated by the law, regulations and rules.

  If an employee has, in violation of the above section, terminated an employment

  contract unilaterally and done a damage to the unit, the employee shall be held liable for compensation.

  Article 22 If an employee is in one of the following situations, an employing unit may terminate an employment contract unilaterally:

  (1) having been absent from work without reason for more than 5 consecutive work days or more than 10 accumulative work days in 1 year;

  (2) having caused a responsibility accident by violating discipline or operation rules, or caused serious consequences by neglecting duties, being derelict of duty, practicing favoritism and engaging in irregularities;

  (3) have seriously disturbed the work order so that the unit cannot keep a normal operation;

  (4) having taken acts in violation of law or discipline and becoming no longer suitable to continue to hold a post in the employing unit;

  (5) having been proved to be not qualified for the employment during the probation period or having failed in the examinations at the end of the probation period;

  (6) having failed in the annual assessment;

  (7) having refused to accept a work rearrangement when not being able to do the original work after the end of the prescribed period of medical treatment for the disease or injuries not caused by an employment accident;

  (8) there has been a change in the authorized size of the unit or a major change in the other objective circumstances which are the basis of signing of this contract so that it is impossible to execute the contract any more;

  (9) the other situations stipulated by the law, regulations, and rules.

  If an employing unit terminates an employment contract unilaterally because of

  the situation referred to in either Item (7) or Item (8) of the above section, a written notice shall be given to the concerned employee 30 days in advance.

  Article 23 If an employee is in one of the following situations, an employing unit shall not terminate an employment contract:

  (1) having been within the period of medical treatment after being sick or injured;

  (2) the female employees have been within the periods of pregnancy, puerperium, and breast-feeding;

  (3) having suffered from an occupational disease or work injury and being identified as a disabled of the fifth to tenth class by an institution to grade the ability to work;

  (4) the other situations stipulated by the law, regulations and rules.

  Article 24 If an employment contract is terminated for one of the following

  situations, the employing unit shall pay economic compensation to the employee:

  (1) the contract is terminated by both parties reaching an agreement through consultation;

  (2) the contract is terminated because of the stipulations in Item (3) of the first section of Article 20 of these measures;

  (3) the employing unit terminates the contract because of the stipulations in Items (7), (8) of the first section of Article 22 of these measures.

  The economic compensation shall be calculated according to the years for which

  the employee has executed the current contract, i.e., one-month wage shall be paid as the compensation for one year, if the period of time is less than one year, it shall be calculated as one year.

  The monthly wage referred to in the above section shall be the average monthly wage of the 12 months before the termination of the contract; if the period of time is less than 12 months, the average monthly wage shall be that of the months of the actual employment.

  Chapter V Pay and Social Security

  Article 25 The government shall conduct the macro-management of the employee payroll system of employing units, the department in charge of personnel shall, jointly with the department of finance, check and decide the total amount of the ordinary employees' pay of each unit according to the specified number and posts of the ordinary employees.

  Article 26 As for the senior employees' pay of administrative offices, the municipal department in charge of personnel shall, jointly with the departments of finance, taxation, labor, social security, statistics, etc., work out a plan and report to the municipal government for a decision; the senior employees' pay of institutions shall decided by the employing units themselves.

  The ordinary employees' pay shall be specifically decided by employing units according to the practical conditions such as the character and workload of the employees' posts, etc.

  The overtime pay and vacation pay of ordinary employees shall be calculated according to the related labor regulations.

  Article 27 Employees shall enjoy the right to take a vacation, the specific standards shall be implemented according to the related labor regulations.

  Article 28 Employee shall, in compliance with the related law and regulations, participate in the social insurance such as the enterprise employees' old age insurance, employment injury insurance, unemployment insurance and comprehensive medical insurance, etc. and enjoy the benefits of the related insurance.

  Chapter VI Assessment and Occupational Development

  Article 29 An employing unit shall make assessments of employees according to the principle of objectivity and fairness, and establish an assessment system on the basis of employment contracts and in combination of probation assessment, annual assessment (academic year's assessment for a teaching unit) and employment term assessment.

  Article 30 The assessment of an employee shall based on the employment contract and job performance.

  Article 31 The assessment of an employee shall be graded in three levels such as excellent, qualified, and unqualified.

  The results of the annual assessment and employment term assessment shall be the basis for renewal of an employment contract, pay, award and punishment.

  If an employee in the probation period is graded as unqualified in the assessment, the employment contract shall be cancelled.

  Article 32 If an employee has one of the following deeds, an award shall be granted:

  (1) having had inventions and innovations in doing the job, put forward a rationalization proposal or conducted good management, attained outstanding economic benefits or social benefits;

  (2) having prevented or avoided a serious accident so that the loss of interests of the state and the people is escaped or reduced;

  (3) having pioneered and innovated in the fields such as scientific research, education, culture, health, sports, etc. and made an important contribution in the post;

  (4) having the other outstanding achievements.

  Article 33 The rewarding of employees shall be done according to the measures

  on the rewarding of public servants and staff members.

  If an employee has taken an act in violation of law and discipline, it shall be dealt with according to the related rules.

  Article 34 If an ordinary employee has executed an employment contract for more than 1 year and participated in an open examination for recruiting the personnel of government offices and institutions, the employee may be given preferential treatment for being taken (engaged) on the personnel in comparison with those who have equivalent conditions in other respects.

  If the ordinary employees of government office and institutions have executed their employment contract for more than one year and been taken (engaged) respectively on the personnel of government offices and institutions, they may not need any probation period.

  Chapter VII Supplementary Provisions

  Article 35 If an employee and an employing unit have disputes on the employment procedure or the execution and cancellation of the contract, assessment, pay, etc., an application may be filed to an arbitration office of personnel disputes within a prescribed deadline for a settlement.

  Article 36 These measures shall take effect as of August 1, 2004.

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