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 later, I will be dismissed. However, if employees of public institutions (fully allocated) are continuously absent from work15Cumulative absenteeism in days or one year30What terms should be used to terminate the employment relationship?

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.

The issue of the termination of employment contracts of public institution staff due to absenteeism 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 with2002Year7month3In the "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“Standardize the dismissal and resignation system”'s prescribed processing:“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 than10working days or1Cumulative absenteeism during the year exceeds20working days;……”According to this, the employee has been absent from work continuously 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.

Attachment: Original report link