Implementation Rules for the Employment System of County Direct Institutions

Implementation Rules for the Employment System of County Direct Institutions

Chapter I General Provisions

Article 1 In order to meet the requirements of the socialist market economic system, we will steadily promote the reform of the personnel system of our county institutions, standardize the management of personnel in public institutions, and protect the legitimate rights and interests of public institutions and employees. According to the Central Organization Department and the Ministry of Personnel, Notice of Advancing the Opinions on the Reform of the Personnel System of Institutions, xx Office of the Ministry of Personnel, Notice of the Opinions on the Employment System for Pilots in Institutions, and the Office of the Provincial Government Issued the Implementation of the Employment System for Pilots in the Institutions of the Province The Notice of the Opinions and the request of the Tangshan Municipal People's Government to issue the "Notice on the Guiding Opinions on the Employment System for the Pilots of the Public Institutions of the City", combined with the actual conditions of the county, specially formulated the implementation rules for the employment system of the county-level institutions.
Article 2 The employment system of public institutions, that is, the institutions and employees sign the employment contract to determine the employment relationship between the two parties, and clarify the responsibilities, rights and obligations of both parties. Its basic characteristics are scientific set-up, equal competition, full-time employment, strict assessment, and contract management.
Article 3 The employment system for personnel is a basic employment system for public institutions and is the goal of the reform of the personnel system of public institutions. Through the implementation of the employment system, the characteristics of different types of institutions and different positions are gradually formed, the units use their own personnel, the personnel choose their own jobs, the government supervises according to law, the supporting measures are perfect, the personnel can go up and down, and can enter and exit, full of vitality and vitality. mechanism.
Article 4 In implementing the employment system, public institutions must adhere to the party's cadre line, adhere to the standards of employing talents and talents, and adhere to the principles of openness, equality, competition, and merit.
Article 5 These Rules apply to all state-owned institutions in the county and those who have established employment relationships with them.
Collective ownership institutions may refer to these Rules for implementation.
These rules are not applicable to institutions that are managed in accordance with the national civil service system and those that are converted into enterprises.
Article 6 The organization and personnel departments shall be responsible for the guidance, coordination and supervision of the employment system in accordance with the management license. The competent department of the institution is responsible for the organization, implementation, inspection and supervision of the employment system of the system and institution.

Chapter II Employment Conditions and Programs

Article 7 The employed personnel shall have the following basic conditions:
Comply with national laws and regulations;
Have a good work ethic;
Have the ability to perform the duties of the candidate;
Healthy and able to work normally;
Special occupations must meet the requirements of the state for practicing qualifications;
Other conditions required to hire a position.
Article 8 The implementation of the employment system by public institutions should generally follow the following procedures:
1. Establish a leading group. The competent departments and institutions shall separately establish an employment leading group and an assessment team, and the leading group shall be the leader of the department. The leading group is responsible for organizing and coordinating the development of the employment of the system and institutions, and studying the important issues that determine the employment. The assessment team is composed of the supervisory team of the leading group, the main leaders of the institution, department heads and business backbones, and is specifically responsible for the assessment of the competitive personnel.
2. Formulate an implementation plan. The content of the implementation plan mainly includes job setting, competitive scope and conditions, competitive bidding procedures and methods, guarantee measures and organizational leadership. The implementation plan shall be collectively reviewed and approved by the leading bodies on the basis of full elaboration and extensive solicitation of opinions, and the unit workers' meeting or the workers' congress shall be convened for discussion and approval. The implementation plan that was not discussed and approved by the staff meeting or the Staff Representative Conference is invalid. The implementation plan shall be submitted to the competent department for approval, and shall be reported to the organization and personnel department for review and record according to the management permission.
3. Organization and implementation. First of all, we must scientifically set up jobs. On this basis, we will hire staff through two-way selection and competition.
4. Sign the contract. After the leading group has collectively studied and determined the employed personnel, the unit and the employed personnel signed an employment contract.

Chapter III Scientific Set Up

Article 9 According to the institutions, establishment, proportion of professional and technical job structure approved by the higher authorities, and the work tasks of the unit, taking into account various factors such as social needs, unit development, and talent structure, the posts shall be set according to the principles of scientific norms, streamlining efficiency, and classified management. To determine the responsibilities and qualifications for each position, to achieve clear responsibilities, clear tasks, reasonable employment conditions, and it is strictly forbidden to break through the establishment of positions.
Article 10 A staff employment system shall be implemented for management positions, and a hierarchical sequence reflecting the characteristics of the positions of management personnel shall be gradually established. Set management positions to highlight the work needs and characteristics of the unit, and set them according to the proportion of the structure. For positions with similar functions and similarities and insufficient workload, the merger should be streamlined.
Article 11 The appointment of the main leaders of a public institution may be subject to various forms such as direct appointment, tender appointment, election appointment, appointment, and examination and appointment. After soliciting the wishes of the employees, they shall be appointed according to the cadre management authority.
Article 12 The employment management personnel shall be subject to evasion. Do not hire spouses, parents, children, brothers and sisters of the main leaders of the unit to take up positions in the deputy and personnel, labor, finance, auditing, and supervision positions of the unit.
Article 13 Within the term of employment of the post, an annual appraisal and appointment system shall be implemented for professional and technical posts. That is to say, in accordance with the provisions of the higher level, combined with the annual assessment, professional and technical personnel are engaged in a professional technical job competition every year. In accordance with the requirements of the post setting principle and the proportion of professional and technical job structure formulated by the personnel department, the public institutions shall reasonably set the high, medium and junior professional technical posts of the unit. The self-supported and enterprise-managed institutions can appropriately expand the autonomy of setting up posts according to the needs of work and personnel, and can implement high-level or low-level employment within the unit, but must obtain competent departments and personnel. Departmental approval.
Article 14 The post-level employment system shall be implemented for the work-time posts, and the scientific and applicable post-level specifications shall be gradually established. The principle of setting up the work and maintenance post should be kept small and refined, and the non-productive position should not exceed 10% of the total amount of the unit.
Article 15 According to the development and changes of the situation and tasks, timely adjust the post setting and implement dynamic management.

Chapter IV Competition for Employment

Article 16 Within the quota for the number of establishments approved by the higher authorities, according to the duties and hiring conditions, the staff shall be selected and hired through two-way selection and competition for employment within the unit.
Article 17 After the first employment of a public institution, if there is a need for staff to fill a job vacancy, in addition to the state's mandatory resettlement tasks, classified posts, and the introduction of high-level shortage of professional talents, it is necessary to use other methods. In principle, public disclosure is required. Recruitment. The open recruitment of staff must be approved by the county party committee and the county government, and organized and implemented by the organization and personnel departments.
Article 18 The procedures for competing for posts are:
Announce the competitive positions, job responsibilities, employment conditions, competitive methods and related matters.
Applicants should register voluntarily and apply for the corresponding positions. Each candidate can choose 1-2 positions to compete.
The appraisal team shall be qualified for the qualification examination. If the competition is not within the scope of competition or does not meet the competition conditions, the qualification for the competition shall be cancelled.
Speech defense. The speech defense mainly examines the applicant's understanding of the nature of the job, the task of the job, the idea of ​​carrying out the work after the post, and the target measures, and at the same time assessing the expression of the competitive personnel.

Ability, resilience and analysis, ability to solve practical problems, etc.
Democracy assessment. Two levels of democratic scores: unit leadership team assessment. That is, the leaders of the leadership team will comprehensively score each competitive person according to the five aspects of morality, ability, diligence, performance and honesty, and remove the highest score and the lowest score, and divide it into the leadership team's score. The leadership team scored 45% of the total score. All staff assessment. That is, all the staff of the unit will conduct a comprehensive evaluation score for each competitive person, and remove the three highest scores and the three lowest scores, and the average score is divided into all staff members. The full staff score is 35% of the total score.
Leading team assessment, the team members participating in the assessment should not be less than two-thirds. If there are fewer than three members in the leadership team, they will no longer be assessed in layers. The total staff assessment accounts for 80% of the total score. The number of participants in the assessment shall not be less than 80% of the total number of participants.
The leading group collectively studied and determined the candidates to be hired.
Publicity. The management posts at the middle level and above and the professional and technical posts above the intermediate level shall be publicized for not less than 7 days, and the other posts shall be publicized for not less than 3 days.
If the public notice has no objection or has objection but can be excluded after investigation and verification, the employment procedures shall be performed.

Every five chapters sign an employment contract

Article 19 The signing of employment contracts shall comply with national laws and regulations and reflect the principle of equality, voluntariness and consensus.
Article 20 The text of the employment contract shall be uniformly used in the “Contract of Employment of Hebei Province Institutions” printed by the Provincial Personnel Department. The employment contract is made in triplicate, and each unit and individual holds one copy and deposits it in a personal file.
Article 21 The employment contract shall be signed by the agent appointed by the legal representative or legal representative of the employing unit and the employed person.
Article 22 When an employer enters into an employment contract with an employed person, it shall not receive any form of mortgage, deposit or other property.
Article 23 The employment contract has three fixed periods, a statutory retirement age as the deadline, and a certain work deadline. The maximum contract period shall not exceed the number of years for which the employed person has reached the statutory retirement age.
For those who have shorter working hours or new recruits in their own units, they usually sign a employment contract with a term of 1-3 years. Persons who have worked in this unit for 25 years or have worked continuously for XX years in this unit and are less than XX years from the statutory retirement age, as well as a few business backbones, may sign an employment contract to the statutory retirement age if they have requested. The mobile post staff can sign an employment contract that is completed within a certain period of time.
Article 24 If the original contractary employee of the institution is not employed, the original contract will continue to be executed. After the contract expires, it will not be renewed; if it is hired by the unit, it can be re-signed according to these rules. The contract and the term are consistent with the non-contractual personnel who are employed on the same terms.
Article 25 If a public institution employs new employees, it may stipulate a probation period. The trial period is generally no more than 3 months, and it is really necessary to extend it, up to a maximum of 6 months. Graduates of colleges and universities for the first time can be extended to 12 months.
The institutions receive resettlement and reintegration officers, demobilized veterans, and introduce high-level and urgently needed talents as needed, and no longer agree on the probationary period.
Article 26 The following employment contracts are invalid:
Employment contract that violates national laws and regulations;
Employment contract that violates national interests and public interests;
An employment contract signed by means of deception, coercion, etc.
The employment contract is invalid and must be confirmed by the government personnel department.
Article 27 If a registered employee who is not in a position to limit his or her capacity for civil conduct is a cause of physical health, he may delay the employment of the contract after being recognized by the medical disability appraisal committee of the government agency or institution at the same level; for other special reasons, After the relevant department has issued a certificate, the unit can implement the employment system leading group's consent and can slowly sign the employment contract.
Article 28 The original fixed-line workers are unwilling to continue to sign employment contracts with the units. If they propose to resign, they shall be handled in accordance with the Interim Provisions on the Resignation of Professional and Technical Personnel and Management Personnel of the Public Ownership Institutions of the Personnel Department. Those who meet the conditions for dismissal shall be handled in accordance with the Interim Provisions of the Ministry of Personnel on Dismissal of Professional and Technical Personnel and Management Personnel for All Ownership Institutions. If they are willing to transfer, they will be transferred to the original identity as approved by the organization and personnel department.

Chapter VI Treatment of Recruited Persons

Article 29: The treatment of the employed persons shall be carried out in accordance with the principle of giving priority to efficiency, giving consideration to fairness and distribution according to work and distribution according to factors of production.
Article 30 The wages of the employed persons shall be determined according to the national and provincial wage policies, the sources of funding of the institutions and the positions in which they are employed. Funding mainly depends on financial allocation. Under the guidance of national policies, the internal part of wages is invigorated. For the difference subsidy, with the gradual reduction of the subsidy ratio, the internal distribution autonomy is gradually increased through approval; the funds are completely self-reliant. Allow independent decision on internal allocation. A qualified institution can try to allocate performance wages, agreed wages, total wages, total wages and comprehensive benefits, distribution according to work and distribution according to production factors, and annual salary system. The original salary of employed persons is used as file salary. Reserved.
Article 31: In accordance with the relevant provisions of the state, the province, and the city, the employed personnel shall participate in social insurance such as pension, unemployment, medical care, work injury, and female labor, and enjoy various social insurance benefits.
Article 32 The employed units shall, in accordance with the relevant provisions of the State, the province and the municipality, participate in social insurance for the elderly, unemployment, medical care, work-related injuries, and female workers' births, and bear the relevant expenses that should be paid.
Article 33: During the period of employment, the employed persons shall enjoy the welfare, such as working hours, public holidays, protection of female employees, work-related disability and death, non-work-related injuries and illnesses, after dismissal, dismissal or resignation, The treatment was cancelled.
Article 34 During the period of employment, the employed persons shall enjoy the right to receive training and continuing education as prescribed by the State. The wages and benefits during the training and study period arranged by the unit are implemented in accordance with the relevant provisions of the state, provinces and municipalities.
Article 35 The employed persons may participate in the recruitment of public officials of state organs, or they may be selected and transferred to the state organs in accordance with the relevant provisions of the state.
Article 36 After the employer implements the employment system, the original identity of the employed person is recorded in the personal file. In case of liquidity, retirement or other special needs, the country may still handle the original identity unless otherwise stipulated by the state.
Article 37 If the employed person is originally a worker and has been employed in a management position or a professional technical position for more than XX years, and has reached the statutory retirement age in the employed position, he may, according to his or her own wishes, retire in accordance with the position of the current position. You can also retire as a worker.

Chapter VII Recruitment of Personnel

Article 38: Persons who have not been hired due to reasons such as establishment, number of positions, ability, performance, etc. are those who have been hired. For the first time to implement the hiring system, it is necessary to adhere to the principle of internal digestion and give proper resettlement. In the future, we will gradually rationalize the resettlement principles of the "old methods for the elderly and the new methods for newcomers" prescribed by the state and the province.
Article 39 In addition to being placed in the unit or the system, the recruited personnel may also contact the new employer by themselves. The treatment during the period of appointment is determined by the employer, but not lower than the provincial minimum wage standard.
Article 40 If it is unable to participate in competitive competition due to illness or work injury, it shall be implemented in accordance with relevant state regulations.
Article 41 During the period of hiring, the unit shall organize the hired personnel to participate in the transfer training to help them improve their quality and ability and create conditions for re-employment.
Article 42. Newcomers after the implementation of these Rules,

Strictly in accordance with the relevant provisions of the contract management, after the appointment, contact the new employer or enter the talent labor market to choose their own business.
Article 43 The first implementation of the employment system, by the end of the year, the male is 55 years old, the female cadre is 50 years old, the female worker is over 45 years old, and the continuous working age is over XX years, I voluntarily, the unit agrees, the organization, the personnel department If you approve, you can apply for early retirement and retiring. When you reach the statutory retirement age, you will go through formal retirement procedures. During the period of retiring from the post, you will enjoy the current file salary and various social insurance benefits, and will no longer enjoy various benefits other than the salary structure. In the event of a new capital adjustment policy issued by the state or the province, the file salary shall be adjusted according to the policy of on-the-job personnel.

Chapter VIII Change, Termination and Dissolution of the Employment Contract

Article 44 After signing the "employment contract" according to law, both parties to the contract must fully perform their obligations under the contract, and neither party may change the contents of the contract without authorization. After the change of the unit legal person, the original contract is still valid and will continue to be performed by the new unit legal person. If it is necessary to change, the two parties shall agree and change the contract according to the original signing procedure. If the opinions of the two parties are not agreed, the original contract shall continue to be valid except as otherwise provided by laws and regulations or these implementation rules.
Article 45 If the employment contract expires or the contract termination conditions agreed by both parties appear, the employment contract shall terminate. After the expiration of the employment contract, the employment contract may be renewed with the consent of both parties.
The employer is revoked and the employment contract is terminated by itself.
Article 46. The parties to the employment contract shall agree on the terms of employment and the employment contract may be dissolved.
Article 47 In any of the following circumstances, the employing unit may terminate the employment contract:
The employer seriously fails to perform the contract during the employment period;
The candidate is found to be ineligible for the terms of employment during the probationary period;
The employer seriously violates the work discipline or the rules and regulations of the employer;
The candidate has failed to pass the examination for two consecutive years;
The employer is dereliction of duty, dereliction of duty or lawlessness;
Candidates are admitted to or transferred to the work of state organs in accordance with relevant state regulations;
The employed person does not return after going abroad.
Article 48 If the employed person is expelled, reeducated through labor, and sentenced during the term of employment, the employment contract shall be released by himself.
Article 49 If the hiring party has one of the following circumstances, the hiring unit may terminate the employment contract, but the applicant shall be notified in writing 30 days in advance:
The employed person is not qualified for the job of this position, and is still not competent after training or adjusting the position;
The objective circumstances on which the employment contract was based were significantly changed, resulting in the inability of the original contract to be fulfilled. After negotiation between the parties, the agreement could not be reached on the change of the employment contract or the employer disobeyed the work.
Article 50 In the case of one of the following circumstances, the employing unit shall not unilaterally terminate or terminate the employment contract.
The employed person is injured or suffers from occupational disease loss or partial incapacity;
The employed person is seriously ill or injured during the medical period prescribed by the state;
Women during pregnancy, childbirth and lactation;
The state, the province, and the city have other regulations.
Article 51 In any of the following circumstances, if the employed person proposes to terminate the employment contract, the employment contract shall be immediately released:
During the trial period;
There is sufficient evidence to show that the employer cannot perform the employment contract or violate the relevant national laws and regulations;
Approved into ordinary colleges and universities, secondary specialized schools or enlisted in the army according to national regulations;
After necessary procedures, being recruited or selected to work in a state agency;
In accordance with the provisions of the national policy, the organization and personnel department approved the transfer of the unit.
Article 52 If the employed person proposes to terminate or terminate the employment contract and does not fall within the scope of Article 40, it must notify the employer in writing 30 days in advance.
Article 53: Engaged in work, or engaged in work, and implemented relevant state regulations within the prescribed period of confidentiality. Involving inventions and creations, implementing relevant provisions of the state, provinces and municipalities.
Article 54 The employment contract shall be dissolved, and the personnel relationship between the employing unit and the employed personnel shall be released by itself.

Chapter IX Economic Compensation for Violation and Dismissal of Employment Contracts

Article 55 The employment contract shall have legal effect once it has been certified by the contract verification authority. Any party to the breach of the contract shall be liable for breach of contract. The defaulting party shall pay the other party liquidated damages, and the amount of the liquidated damages shall be agreed by the parties themselves. If the contract is not agreed, it shall be calculated according to the liquidated damages = the monthly average basic salary during the employment period × 20% × the number of default months.
Article 56 If the employed personnel are funded by the employing unit, the two parties shall, according to the actual situation, stipulate the post-training service period and the liability for breach of contract. If there is no agreed service period, after the employee training, the employer must work for five years. If the service period is not met, the training fee shall be paid to the employer after the breach of contract. The training fee shall be reduced by 20% per service year.
Article 57 If one of the following circumstances is to terminate the employment contract, the employing unit shall, according to the number of years of work of the employed person in the unit, pay a compensation equivalent to the total monthly salary of the person for a full year, up to a maximum of twelve. Months. If the working time is less than one year, it will be calculated in one year.
After the parties have reached a consensus, the employer shall terminate the employment contract;
The employed person is not qualified for the job. After training or adjusting the job, the job is still not up to the job, and the employer cancels the employment contract;
The objective circumstances on which the employment contract was based were significantly changed, resulting in the failure to perform the original contract. After the parties concerned negotiated, the agreement could not be reached on the change of the contract, and the contract was terminated by the employing unit.
Article 58 If the employer is revoked, the employer shall pay the economic compensation according to the number of years the employee is employed in the work of the employer before being revoked. For each full year of work in this unit, an economic compensation equivalent to one month's total salary is paid. If the working time is less than one year, it will be calculated in one year.
Article 59 The number of years of employment of the employed person in the unit shall be calculated at the time of continuous employment at the unit.

Chapter 10 Post-employment Management

Article 60 Public institutions shall strengthen the post-employment management of employed personnel and establish a sound assessment system.
Article 61 The assessment of the employed personnel is divided into annual assessment and appointment assessment. The assessment results are used as the basis for re-employment, dismissal, reward and punishment, promotion, and capital increase. The annual assessment is based on fulfilling the duties of the post and completing the tasks. At the same time, it conducts a comprehensive assessment from the aspects of morality, energy, diligence and performance. The assessment results are divided into four grades: excellent, qualified, basically qualified, and unqualified. The employment period assessment is based on the performance of the employment contract. The performance of the employment period and the performance of the contract are comprehensively assessed. The assessment results are used as the basis for re-employment.
Article 62 The general procedure for assessment is the individual summary of debriefing, public assessment, supervisory leadership assessment, unit leadership team research and determination, and public assessment results.
Article 63 If ​​the annual assessment is unqualified, persuade education and correct within a time limit. If the assessment fails for two consecutive years, adjust the position of the job or management personnel to reduce the salary and discretion, and the professional and technical personnel shall be hired low. Dismissed if the annual assessment is not qualified after obeying the organization or adjusting the work.
Article 64 The assessment of the appointment period is generally carried out within one month before the end of the employment period. The appointment period is excellent and the priority is renewed. If the qualification is not qualified, the appointment will not be renewed.
Article 65 Establish and improve the employment contract authentication system. The personnel department is responsible for the audit and verification of the employment contract. After the institution signs the employment contract with the employee

It shall go through the examination and verification procedures of the county personnel department within one month.
Article 66 The county shall establish a personnel dispute arbitration committee, and the public institutions and their competent departments shall establish a personnel dispute mediation organization.
Article 67 In the event of a dispute between a public institution and an employee in the process of hiring, mediation shall first be conducted within the unit. If the mediation is invalid, the higher authorities shall conduct the second mediation and make a mediation conclusion. If there is still any objection to the conclusion of the mediation, it may apply to the county personnel dispute arbitration institution for arbitration within 60 days.

Chapter XI Supplementary Provisions

Article 68 These Rules shall be interpreted by the County Personnel Labor and Social Security Bureau.
Article 69 These Rules shall come into force as of the date of promulgation.