Editor’s note：Leading party and government cadres hold part-time jobs, which has attracted public attention from time to time in recent years. Can leading cadres hold part-time jobs in other units? Are the regulations on part-time jobs different depending on the type of unit and administrative level? People are confused about this. No.3Issue“Reply Optional”We have selected four comments from netizens about whether leading cadres can hold part-time jobs and responses from the Organization Department and Law Office of the Central Commission for Discipline Inspection for your reference.
Can the Secretary of the Party Committee and the Secretary of the Discipline Inspection Commission be held by one person?
Netizen "lnd”: Is it in line with party discipline for one person to serve as secretary of the party committee and secretary of the disciplinary inspection committee of a unit?
Organization Department of the Central Commission for Discipline Inspection:Hello, thank you for your attention to the disciplinary inspection and supervision work. In accordance with the Party Constitution and other relevant provisions, local disciplinary inspection commissions at all levels are under the dual leadership of the party committee at the same level and the superior disciplinary inspection commission, and at the same time supervise the party committee at the same level and its leadership team members. The "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Deepening Reform" clearly states: To implement the responsibility system for building a clean and honest government, the Party Committee shall bear the main responsibility and the Discipline Inspection Commission shall bear the supervision responsibility. From the perspective of power supervision and restriction and the performance of "two responsibilities", it is not appropriate for the same person to serve as party committee secretary and disciplinary inspection committee secretary.
Can the secretary of the Discipline Inspection Commission also serve as the leader of a subordinate unit?
Netizen "Engineering Soldier": Can the secretary of the Discipline Inspection Commission of a county-level bureau also serve as the top leader of a subordinate unit? What are the rules?
Organization Department of the Central Commission for Discipline Inspection: Hello, thank you for your attention to the disciplinary inspection and supervision work. Regarding the part-time job of leading cadres, the central government has made special regulations. The relevant regulations are excerpted here for your reference.
1.Article 2 of the "Several Guidelines for Leading Cadres of the Communist Party of China to Conduct Politics with Integrity" stipulates: It is prohibited to engage in profit-making activities privately. The following behaviors are not allowed: ... (5) Violating regulations by working part-time or part-time for remuneration in economic entities, social groups and other units, and engaging in paid intermediary activities. …
2.The "Notice of the General Office of the Central Committee of the Communist Party of China on forwarding the "Implementation Measures of the Central Commission for Discipline Inspection of the Communist Party of China on Reaffirming and Establishing the Five Systems of Inner-Party Supervision" stipulates: If it is planned to arrange leading cadres of the discipline inspection and supervision agencies to concurrently hold positions not directly related to the responsibilities of the discipline inspection and supervision agencies (including permanent positions and temporary positions), the organization and personnel departments must obtain the consent of the superior discipline inspection and supervision agencies in advance, and then handle the appointment procedures in accordance with the cadre management authority and relevant regulations. Notice of appointment shall be submitted to the superior disciplinary inspection and supervision agency for record.
Can public institution staff work part-time in the company?
Netizen "taishan": Article 18 of the "Interim Provisions on the Punishment of Staff of Public Institutions" stipulates that "Anyone who commits any of the following acts shall be given a warning or a demerit; if the circumstances are serious, he shall be given a sanction of downgrading or dismissal; if the circumstances are serious, he shall be dismissed:... (6) Violating national regulations, engaging in or participating in for-profit activities or holding concurrent positions to receive remuneration...". What regulations does "violating national regulations" refer to? Career Can non-public employees work part-time in enterprises? Can party members of public institutions work part-time in enterprises? Is it possible for employees of public institutions (including ordinary personnel and leading cadres) to work part-time in enterprises without receiving remuneration?
Central Commission for Discipline Inspection and Regulations Office: Hello! Our answers to questions related to the "Interim Provisions on Punishment of Personnel of Public Institutions" are only academic and rational answers to questions about the application of laws and regulations.
The "violation of state regulations" in Article 18, paragraph 1, item (6) of the "Interim Provisions on the Punishment of Staff of Public Institutions" refers to the violation of national laws, regulations, rules, normative documents and other provisions regarding the relevant state laws, regulations, rules, normative documents and other provisions regarding the personnel of public institutions engaging in or participating in for-profit activities or receiving remuneration for holding concurrent positions. Whether staff members of public institutions can work part-time in the enterprise depends not only on whether they are public managers, appointees of administrative agencies, etc., but also on whether the region, industry field, system, unit, etc. where they are located has relevant regulations on their part-time job in the enterprise. They cannot be divided based on establishment, level and whether they are party members. For example, the "Beijing Measures for the Implementation of the Compulsory Education Law of the People's Republic of China" stipulates that public w88 casino teachers in Beijing are not allowed to work part-time at off-campus social education institutions during working days; they are not allowed to organize students to receive paid tutoring. The Ministry of Health's "Measures for the Management of Periodic Assessment of Physicians" stipulates that if a physician conducts practice activities in medical, preventive, and health care institutions other than the registered place within the assessment period without approval from the institution where he works or the health administrative department, the assessment agency shall determine that the physician has failed the assessment.
In addition, even if employees of public institutions only hold part-time positions without receiving remuneration, or work part-time in enterprises invested or funded by their units, it must be determined whether there are relevant prohibitive regulations in the region, industry field, system, unit, etc. where they are located. For other specific issues regarding remuneration for part-time employees of public institutions, you may consult the human resources and social security department or other relevant competent authorities.
Can people’s organizations and public institutions’ personnel at section level or below work part-time?
Netizen "Dreams Back to Green Mountains and Clear Waters": Article 77 of the "Regulations on Disciplinary Punishment of the Communist Party of China" stipulates: "Anyone who violates relevant regulations to hold a part-time job or work part-time for remuneration" shall be given a warning or a serious warning if the case is minor; if the case is serious, the punishment shall be removal from the party position or probation; if the case is serious, the punishment shall be expulsion from the party"; Article 2 of "Several Guidelines for the Integrity of Leading Cadres of the Communist Party of China" stipulates: " It is prohibited to engage in for-profit activities privately. The following behaviors are not allowed: ...(5) Violating regulations to work part-time or part-time for remuneration in economic entities, social groups and other units, and engaging in paid intermediary activities;" Article 15 stipulates: "These guidelines apply to leading cadres of party members at or above the county (division) level in party organs, people's congress organs, administrative organs, CPPCC organs, judicial organs, and procuratorial organs; and equivalent leading cadres of party members at or above the county (division) level in people's organizations and public institutions.
Party members among the leaders of state-owned and state-controlled enterprises (including state-owned and state-controlled financial enterprises) and their branches; department-level party members in charge of agencies directly under the county (city, district, banner), judicial organs, and procuratorial organs, party members in charge of townships (streets), and party members in charge of grassroots stations shall implement these guidelines by reference. ""Some guidelines for members and leading cadres of the Communist Party of China to engage in politics with integrity>Article 14 of the Implementation Measures makes it clear: “The term “violation of regulations” as mentioned in Item 5 of Article 2 of the "Integrity Code" refers to violations of the provisions of the General Office of the CPC Central Committee and the General Office of the State Council regarding the failure of leading cadres of party and government agencies to concurrently hold leadership positions in social groups. Notice, "Opinions of the Central Commission for Discipline Inspection of the Communist Party of China and the Organization Department of the Central Committee of the Communist Party of China on Issues Concerning Issues Concerning Part-time Work and Employment in Enterprises for Party and Government Leading Cadres Who Have Retired from Their Current Jobs and Are Approaching or Reaching the Retirement Age" and other regulations regarding party member leading cadres working part-time or working part-time for remuneration, and engaging in paid intermediary activities. ”
The "Decision of the Central Committee of the Communist Party of China and the State Council on Further Strengthening Talent Work" requires: "Encourage the flow of professional and technical talents through part-time work, regular service, technology development, project introduction, scientific and technological consulting, etc."
Based on the above provisions, can it be understood that personnel at or below the department level (including professional and technical personnel) in "people's organizations and public institutions" are allowed to "work part-time or part-time for remuneration in economic entities, social organizations and other units, and engage in paid intermediary activities" as long as they comply with the requirements of laws and regulations?
Central Commission for Discipline Inspection and Regulation Office:Hello! Based on the relevant laws and regulations, we will provide the following answers to your questions.
"Civil Servant Law" stipulates: "Civil servants who work part-time outside the agency due to work needs must obtain approval from relevant agencies and shall not receive part-time remuneration"; Article 53 stipulates that civil servants must abide by discipline and must not "engage in or participate in for-profit activities, or hold concurrent positions in enterprises or other for-profit organizations." Article 18 of the "Interim Provisions on Punishment of Staff of Public Institutions" stipulates that staff of public institutions shall not "violate national regulations, engage in or participate in for-profit activities or hold concurrent positions to receive remuneration."
According to these regulations, whether personnel at or below the department level (including professional and technical personnel) in people's organizations and public institutions can work part-time or part-time for remuneration in economic entities, social groups and other units, and engage in paid intermediary activities, different situations need to be distinguished.
1. The "Notice on Issuing the Opinions on the Management of w88 Unions, Communist Youth League, Women's Federation and other people's organizations and mass organization organs with reference to the Civil Servant Law of the People's Republic of China" stipulates that w88 unions, Communist Youth League, Women's Federation, etc.21In individual people's organizations and mass organization organizations, agency staff other than service personnel are included in the scope of management with reference to the Civil Servant Law. This group of personnel should abide by the provisions on part-time work in the Civil Servant Law.
2. Staff members of public institutions with public affairs management functions authorized by laws and regulations who have been approved to be managed with reference to the Civil Servant Law shall abide by the provisions of the Civil Servant Law on part-time work.
3. Personnel at section level and below in other public institutions shall abide by the provisions on part-time work in the "Interim Provisions on Punishment of Staff of Public Institutions".
Attachment: Original report link
