2016 Party Style and Integrity Publicity Month Special Topic

Answer to the question about whether people’s organizations and public institutions at section level and below can work part-time

Published: May 19, 2016 Editor:

Netizen’s “Dream Back to Green Mountains and Clear Waters” consultation:

Article 77 of the "Regulations on Disciplinary Punishments 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 circumstances are relatively minor; if the circumstances are serious, the punishment shall be removal of the party's position or probation; if the circumstances are serious, the punishment shall be expulsion from the Party." Article 2 of the "Several Guidelines for the Integrity of Leading Cadres of the Communist Party of China" stipulates: "It is prohibited to engage in private activities For-profit activities. The following behaviors are not allowed: ...(5) Taking part-time jobs or taking part-time jobs for remuneration in economic entities, social groups and other units in violation of regulations, 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 party member leading cadres 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 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 Article 2, Item 5 of the "Integrity Code" refers to violations of the "Notice of the General Office of the CPC Central Committee and the General Office of the State Council on Party and Government Organ Leading Cadres Not Concurrently Holding Leadership Positions in Social Organizations" ”, 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, “Opinions on 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 members and 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 meet the requirements of laws and regulations, are allowed?

Reply from the 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.

The Civil Servant Law stipulates in Article 42: “Civil servants who work part-time outside the agency due to work needs shall obtain approval from relevant agencies and shall not receive part-time remuneration.” Article 53 stipulates that civil servants must abide by disciplines and may 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. "Notice on Issuing the Opinions on the Management of w88 Unions, Communist Youth League, Women's Federation and other people's organizations and mass organizations 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".

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