Editor’s note：Our country’s existing public institutions are large in number and type, and their operating conditions are also varied. Regarding disciplinary violations by public institution staff, how to appropriately punish them in accordance with party disciplines and regulations has become a major problem that troubles relevant staff. No.2Issue“Reply Optional”Selected five messages and replies focusing on classification issues of staff in public institutions for your reference.
How to determine the basis for punishment if employees of public institutions are absent from work?
Netizen "Qing Feng Lian Yu": The Civil Service Law stipulates that civil servants are absent from work, and they are absent from work continuously15Cumulative absenteeism in days or a year30Days later, I will be dismissed. However, if employees of public institutions (fully allocated) are continuously absent from work15Cumulative absenteeism in days or one year30days, under what terms should the employment relationship be terminated? Please provide help with the terms.
Central Commission for Discipline Inspection and Regulation Office:Hello! In accordance with relevant laws and regulations, we cannot express opinions on the qualitative aspects of specific cases. We can only provide academic and rational answers to the general application of laws and regulations in the message content.
Regarding the issue of the termination of employment contracts of public institution staff due to absenteeism, it is a matter of personnel management of the public institution. According to the different identities and nature of the staff of public institutions, their personnel management regulations are mainly divided into two situations:
First, Article 106 of the Civil Servant Law of the People's Republic of China stipulates that "staff members other than service personnel in public institutions with public affairs management functions authorized by laws and regulations shall be managed with reference to this law upon approval." According to this provision, if staff of public institutions managed with reference to the Civil Servant Law of the People's Republic of China (hereinafter referred to as public servants) are absent from work, they shall be handled with reference to the relevant provisions of Article 83 of the Civil Servant Law of the People's Republic of China.
Second, regarding the termination of employment contracts due to absence from work by staff of public institutions (hereinafter referred to as non-public servants) who are not managed in accordance with the Civil Servant Law of the People's Republic of China, the employment contract shall be terminated in accordance with2002Year7month3The "Opinions of the Ministry of Personnel on the Pilot Implementation of the Personnel Recruitment System in Public Institutions" forwarded by the General Office of the State Council on 2017-07-20 "Standardize the Dismissal and Resignation System" stipulates: "If the employed person has any of the following circumstances, the employing unit may unilaterally terminate the employment contract at any time: (1) Continuous absence from work for more than 100 days.10working days or1Cumulative absenteeism during the year exceeds20working days;..."According to this, the employed person has been absent from work for more than10working days or1Cumulative absenteeism during the year exceeds20working days, the employing unit may unilaterally terminate the employment contract at any time.
In addition, the fully funded public institutions mentioned in your message are one of the divisions based on different sources of funding for public institutions. According to different funding sources, public institutions can be divided into full funding, balance funding, self-financing and other categories. This classification standard cannot determine the identity of staff in public institutions. Therefore, for staff in fully funded public institutions, it should be distinguished whether they are public servants or non-public servants, and then their absenteeism should be dealt with according to the above relevant provisions.
How to punish the staff of public institutions and non-public institutions?
Netizen "Tie Baogong": The District Housing Management Bureau is a public institution directly under the district government. One of the ordinary staff members with a business registration status was sentenced to a suspended prison term and needs to be given political and disciplinary sanctions. Should the "Regulations on Punishment of Civil Servants of Administrative Agencies" or the "Interim Provisions on Punishment of Staff of Public Institutions" apply? If a sanction is imposed, will it be issued by the District Housing Authority or the District Supervision Bureau? Does it need to be approved by the district government?
Central Commission for Discipline Inspection and Regulations Office: Hello! In accordance with relevant laws and regulations, we cannot express opinions on the qualitative aspects of specific cases. We can only provide academic and rational answers to the general application of laws and regulations in the message content.
According to your statement (unconfirmed), the District Housing Authority is a public institution with public affairs management functions. If this staff member is a staff member of the public institution who has been approved to be managed with reference to the Civil Servant Law, then in accordance with the provisions of Article 2, paragraph 2, of the "Interim Provisions on the Punishment of Staff of Public Institutions" (hereinafter referred to as the "Interim Provisions"), the relevant provisions of the "Regulations on the Punishment of Civil Servants of Administrative Agencies" should be followed. Paragraph 2 of Article 17 of the "Regulations on Punishment of Civil Servants of Administrative Agencies" stipulates: "If a civil servant of an administrative agency is sentenced to a criminal penalty in accordance with the law, he shall be dismissed."
If he or she is not a staff member of a public institution under public management, according to the provisions of Article 22, Paragraph 1, of the "Interim Provisions", if a staff member of a public institution is sentenced to a criminal penalty in accordance with the law, he or she shall be given a sanction of lowering the post grade or dismissal from the post. Among them, those who are sentenced to fixed-term imprisonment or more in accordance with the law will be dismissed. Here, the time when "sentenced to a penalty of fixed-term imprisonment or more in accordance with the law" refers to the time when the sentence of fixed-term imprisonment or more takes effect, not the time when the illegal crime occurs.
As for who will issue the document and who will review and approve the dismissal, it needs to be determined according to the cadre management authority and whether it is the subject of supervision.
How to punish the staff of public institutions appointed by administrative agencies?
Netizen "shun”: The County Urban Management Bureau is a working agency of the county government. One of the business staff members who was appointed as the deputy captain (deputy level) by the Urban Management Bureau was investigated by the judicial authorities for suspected crimes. He was later given the discretion not to prosecute by the procuratorate (the crime was minor and he surrendered). Now he needs to be given political and disciplinary sanctions. His disciplinary and illegal acts are in2012Year7In March, the Procuratorate made the decision not to prosecute2013Year2Month, can the "Interim Provisions on Punishment of Staff of Public Institutions" be followed?
Central Commission for Discipline Inspection and Regulations Office: Hello! In accordance with relevant laws and regulations, we cannot express opinions on the qualitative aspects of specific cases. We can only provide academic and rational answers to the general application of laws and regulations in the message content.
According to what you said (unconfirmed), the deputy captain is a staff member appointed by the county urban management bureau with a public institution status, and is a staff member of a public institution appointed by the administrative agency.
As for the punishment of staff members of public institutions appointed by administrative agencies, before the implementation of the "Interim Provisions on the Punishment of Staff of Public Institutions" (hereinafter referred to as the "Interim Provisions"), reference shall be made to the "Regulations on the Punishment of Civil Servants of Administrative Agencies" (hereinafter referred to as the "Disciplinary Regulations"). After the implementation of the "Interim Provisions", for the staff of public institutions appointed by administrative agencies, the "Interim Provisions" shall apply in accordance with Article 2, paragraph 3, of the "Interim Provisions".
Since his disciplinary and illegal acts occurred before the implementation of the "Interim Provisions", the "Disciplinary Regulations" should be followed.
Under what circumstances do the two disciplinary provisions related to public institutions apply?
Netizen “A Fang”: Zheng,2008Year5Month Solstice2009Year9In one month, he was appointed as the director of a bureau (public institution) in a neighboring county,2009Year9Month Solstice2012Year11Served as director of a certain bureau (public institution) in this county for one month,2012Year11Removed from his post in the month (the appointments and removals of the above positions are all appointed by the superior administrative agency).
2008Year2Month Solstice2009Year9In this month, Zheng was suspected of the crime of privately dividing state-owned assets.2012Year8Being criminally detained by a county public security bureau in January,2013Year4The first-instance judgment of the court in May: a single fine was imposed. After the procuratorate protested, the second-instance trial was held2013Year7The ruling of the month upheld the original verdict.
Zheng was a staff member of a public institution appointed by the administrative agency at the time of the case. He had been dismissed from his post at the time of the verdict. How to determine his identity? Whether the political disciplinary punishment against Zheng is based on the "Regulations on the Punishment of Civil Servants of Administrative Agencies" (because he was a staff member of a public institution appointed by the administrative agency during the time of the crime), or based on the "Interim Provisions on the Punishment of Staff of Public Institutions" ("Interim Provisions"2012Year9month1Effective date, judgment time is2013Year4month)?
Central Commission for Discipline Inspection and Regulation Office:In accordance with relevant laws and regulations, we cannot express qualitative opinions on specific cases. We can only provide academic and rational answers to the general application of laws and regulations in the consultation content.
According to what you said (unconfirmed), whether the perpetrator is removed from office will not affect his identity. He should still be identified as a staff member of a public institution appointed by the administrative agency.
As for the punishment of public institution staff appointed by administrative agencies, before the implementation of the "Interim Provisions on the Punishment of Public Institution Staff" (hereinafter referred to as the "Interim Provisions"), the punishment shall be carried out with reference to the "Administrative Agency Civil Servant Punishment Regulations" (hereinafter referred to as the "Disciplinary Regulations"), and Article 17, Paragraph 2, of the "Disciplinary Regulations" clearly stipulates that "If an administrative agency civil servant is sentenced to a criminal penalty in accordance with the law, he shall be dismissed."
After the implementation of the "Interim Provisions", for staff members of public institutions appointed by administrative agencies, regardless of when their criminal acts occurred, if the criminal verdict is2012Year9month121453_214772012Year9month121561_21627
If you take the initiative to confess your disciplinary violations, can the level of punishment be reduced?
Netizen "Mugong": A person in charge of a public institution was sentenced to fixed-term imprisonment with a suspended sentence for violating the law. He should be punished in accordance with the second paragraph of Article 22 of the "Interim Provisions on the Punishment of Staff of Public Institutions": "Public institution staff appointed by administrative agencies and sentenced to criminal penalties in accordance with the law shall be dismissed. Paragraph 2 of Article 14 stipulates that “if a staff member of a public institution falls under the circumstances specified in Paragraph 1 of Article 13 of these Regulations, he or she shall be punished by a reduced level of punishment beyond the scope of punishment specified in Chapter 3 of these Regulations.” "If the person in charge voluntarily surrenders, takes the lead in returning the money issued, and recovers the losses, the situation falls under the circumstances stipulated in paragraph 1 of Article 13 of the "Interim Provisions on the Punishment of Staff of Public Institutions". "If a staff member of a public institution voluntarily confesses his illegal or disciplinary behavior and takes the initiative to take measures to effectively avoid or recover losses, the punishment shall be reduced or exempted from punishment. "Excuse me, can his situation be reduced to one level of punishment and be punished according to the third level of "downgrade or dismissal" instead of being dismissed?
Central Commission for Discipline Inspection and Regulation Office:Hello! In accordance with relevant laws and regulations, we cannot express opinions on the qualitative aspects of specific cases. We can only provide academic and rational answers to the general application of laws and regulations in the message content.
Article 22 of the "Interim Provisions on Punishment of Staff of Public Institutions" stipulates the connection between disciplinary punishment and criminal punishment. Articles 13 and 14 of the "Interim Provisions on the Punishment of Staff of Public Institutions" stipulate the applicable rules for punishment. In other words, Articles 13, 14 and 22 involve two different issues and can only be applied individually and cannot be applied in conjunction. Therefore, if a staff member of a public institution appointed by an administrative agency is sentenced to a criminal penalty in accordance with the law, he should be dismissed strictly in accordance with the provisions of Article 22, Paragraph 2 of the "Interim Provisions on the Punishment of Staff of Public Institutions".
Attachment: Original report link
