Editor’s note：Administrative institutions, people’s organizations and their staff need to be identified and dealt with when some violations of disciplines and regulations occur“reasonable and well-founded”. No.6Issue“Reply Optional”We have selected five relevant consultations on the basis and handling methods for disciplinary violations and responses from the Central Commission for Discipline Inspection and Regulations Office for your reference.
What is the basis for terminating the employment relationship of a public institution employee due to absenteeism?
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 one year30days, he will be dismissed. However, if employees of public institutions (fully allocated) are continuously absent from work15Cumulative absenteeism in days or one year30God, under what terms should the employment relationship be terminated?
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 Trial Implementation of the Personnel Recruitment System in Public Institutions" forwarded by the General Office of the State Council of Japan on "Standardizing the Dismissal and Resignation System" stipulates: "If an 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 10 days10working 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.
Can the deputy researcher be "removed"?
Netizen "Jiaoling Renjia": A researcher made a serious mistake and should be dismissed from his post. However, he does not hold a leadership position and does not hold other positions in the unit. Can he be dismissed from his post? If there are other temporary positions in the unit, should the deputy researcher be removed or the temporary position should be removed?
Central Commission for Discipline Inspection and Regulation Office:Hello! In accordance with the practice of handling online messages, we do not express opinions on the qualitative and quantitative aspects of specific cases. We will now provide academic and rational answers to the application of general laws and regulations involved in messages.
According to the provisions of Article 17 of the Civil Servant Law of the People's Republic of China, deputy investigators are non-leadership positions in the comprehensive management category. The deputy investigator mentioned in the message may be dismissed from his post in accordance with Article 6 of the "Regulations on Sanctions for Civil Servants of Administrative Agencies". Regarding the situation mentioned in the message about holding other positions in the unit, the situation should be dealt with according to the specific circumstances.
Is “removal” applicable to administrative staff appointed by universities?
Netizen "Comrade Pu Chen": In the "Interim Provisions on the Punishment of Staff of Public Institutions", the third item of the punishment category is "reduction in post level or removal", "Among them, the punishment of dismissal applies to staff of public institutions appointed by administrative agencies." I would like to ask: In colleges and universities, is the sanction of "removal" applicable to administrative staff appointed by the w88 casino? If "removal" is not applicable, but "reduction in position level" is applicable, should the administrative grade, staff grade, or professional and technical position be reduced? For example, a comrade serves as the deputy director (deputy director level) of an administrative department of the w88 casino, with a staff rank4level, associate researcher title, what should I do when I am given the penalty of "lowering the position level"?
Central Commission for Discipline Inspection and Regulation Office:Hello! In accordance with the practice of handling online messages, we do not express opinions on the qualitative and quantitative aspects of specific cases. We will now provide academic and rational answers to the application of general laws and regulations involved in messages.
Article 5 of the "Interim Provisions on Punishment of Staff of Public Institutions" stipulates that the type of punishment of removal from office only applies to staff in public institutions appointed by administrative agencies. Therefore, since staff members in administrative management positions appointed by universities are not staff members of public institutions appointed by administrative agencies, they are not subject to the punishment of dismissal. Instead, sanctions such as "downgrading the position" are applicable.
Article 7 of the "Interim Provisions on the Punishment of Staff of Public Institutions" stipulates that if a staff member of a public institution is punished by lowering his or her post level, he or she shall be employed at a lower post level by one or more from the date of the sanction decision taking effect, and their salary and benefits shall be determined in accordance with the relevant regulations on income distribution of public institutions. Therefore, the situation involved in the message can be handled as appropriate in accordance with this provision.
What is the basis for administrative units to withhold and use fines and confiscations?
Netizen "Qingfenglianyu": An administrative law enforcement unit fined law enforcement targets3If the money is not turned over to the state treasury after 10,000 yuan, the person in charge of the law enforcement unit will arrange for it to be kept directly by the financial personnel and used for the daily expenses of the unit. I would like to ask: If the person in charge of this unit is given political and disciplinary sanctions, will his behavior be characterized as setting up a "small treasury" and using the funds from the "small treasury", or will he be characterized as violating the two-line management regulations of confiscated income and expenditure? Is the punishment based on the "Interim Provisions on Political and Disciplinary Punishments for Violations of Violations of the Establishment of "Little Treasury" and the Use of Money from "Little Treasury", or the "Interim Provisions on Administrative Punishments for Violation of Two-line Management Regulations on Administrative Charges and Confiscation of Revenue and Expenditure"? What is the difference between these two behaviors?
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.
2000Year2month1217435_17562
2010Year1month517976_18236
According to the information you provided (unconfirmed), the administrative law enforcement unit’s behavior of withholding fines and confiscated funds and not turning them over to the state treasury, and arranging them to be kept directly by financial personnel and used for daily expenses of the unit, violates both the administrative regulations "Interim Provisions on Fines and Confiscated Incomes" and the departmental regulations "Interim Provisions on "Small Treasury"". It is a conflict of laws, and the "Interim Provisions on Fines and Confiscated Incomes" as the higher-level law should be applied.
Attachment: Original link
