Chapter I General Provisions Article 1 These Regulations are formulated in order to standardize the personnel management of public institutions, safeguard the legitimate rights and interests of the staff of public institutions, build a high-quality staff of public institutions and promote the development of public services. Article 2 Personnel management in public institutions shall adhere to the principle that the Party manages cadres and talents, and comprehensively and accurately implement the principles of democracy, openness, competition and merit selection. The state implements classified management for the staff of public institutions. Article 3 The comprehensive personnel management department of central public institutions shall be responsible for the comprehensive personnel management of public institutions throughout the country. The comprehensive personnel management departments of local institutions at or above the county level shall be responsible for the comprehensive personnel management of institutions in their respective jurisdictions. The competent department of public institutions shall be specifically responsible for the personnel management of their subordinate institutions. Fourth institutions should establish and improve the personnel management system. When a public institution formulates or modifies the personnel management system, it shall listen to the opinions of the staff through the workers' congress or other forms. Chapter II Post Setting Article 5 The State establishes a post management system for public institutions, and defines post categories and grades. Article 6 Institutions shall set up posts according to their duties, tasks and work needs and in accordance with relevant state regulations. The post should have a clear name, responsibilities, tasks, work standards and qualifications. Article 7 When a public institution formulates a post setting plan, it shall report it to the comprehensive personnel management department for the record. Chapter III Open Recruitment and Competitive Recruitment Article 8 Newly-hired staff of public institutions shall be openly recruited for the society. However, except for those who are placed by the state policy, appointed by superiors according to the personnel management authority, and classified positions. Article 9 Public recruitment of staff in public institutions shall be conducted in accordance with the following procedures: (1) Formulating an open recruitment plan; (2) Announcing recruitment information such as recruitment positions and qualifications; (3) Examining the qualifications of candidates; (4) Examination and inspection; (5) Physical examination; (6) Publicizing the list of persons to be employed; (seven) to conclude an employment contract and go through the employment procedures. Article 10 If there are job candidates in public institutions who need to compete for posts, the following procedures shall be followed: (1) Formulating a scheme for competitive posts; (two) in the unit announced competitive positions, qualifications, employment period and other information; (3) Examining the qualifications of competitive personnel; (4) evaluation; (5) Publicizing the list of persons to be employed in the unit; (6) Handling the appointment procedures. Article 11 The staff of public institutions may communicate in accordance with the relevant provisions of the state. Chapter IV Employment Contracts Article 12 An employment contract concluded between a public institution and its staff shall generally have a term of not less than three years. Article 13 If the employment contract entered into by the staff and institutions for the first time is over 3 years, the probation period is 12 months. Article 14 If a staff member of a public institution has worked continuously in this unit for 10 years and is less than 10 years away from the statutory retirement age, and proposes to conclude a contract from employment to retirement, the public institution shall conclude a contract from employment to retirement with him. Article 15 If the staff of a public institution is absent from work for more than 15 working days in a row, or the cumulative absenteeism exceeds 30 working days in 1 year, the public institution may terminate the employment contract. Article 16 If the staff of a public institution fail to pass the annual examination and do not agree to adjust their posts, or fail to pass the annual examination for two consecutive years, the public institution may terminate the employment contract by giving a written notice 30 days in advance. Article 17 A staff member of a public institution may terminate the employment contract by giving a written notice to the public institution 30 days in advance. However, unless otherwise agreed by both parties to terminate the employment contract. Article 18 If a staff member of a public institution is dismissed, the employment contract shall be terminated. Nineteenth since the date of dissolution and termination of the employment contract according to law, the personnel relationship between the institution and the personnel whose employment contract is dissolved or terminated is terminated. Chapter V Assessment and Training Article 20 A public institution shall comprehensively assess the performance of its staff according to the post responsibilities and tasks stipulated in the employment contract, with emphasis on the work performance. The assessment shall listen to the opinions and comments of the clients. Twenty-first assessment is divided into peacetime assessment, annual assessment and employment assessment. The results of annual assessment can be divided into excellent, qualified, basically qualified and unqualified grades, and the results of employment assessment can be divided into qualified and unqualified grades. Twenty-second assessment results as the basis for adjusting the positions and salaries of staff in public institutions and renewing the employment contract. Twenty-third institutions shall, according to the requirements of different positions, prepare staff training plans and conduct classified training for staff. Staff should participate in pre-job training, on-the-job training, job transfer training and special training to complete specific tasks according to the requirements of their units. Twenty-fourth training funds in accordance with the relevant provisions of the state. Chapter VI Reward and Punishment Article 25 Staff or collectives of public institutions shall be rewarded in any of the following circumstances: (1) Those who have served the grassroots for a long time, love their posts and are dedicated to their work, and have made outstanding achievements; (two) outstanding performance in the implementation of important national tasks and response to major emergencies; (three) there are major inventions and technological innovations in the work; (4) Having made outstanding contributions in cultivating talents and spreading advanced culture; (5) Having made other outstanding contributions. Twenty-sixth rewards adhere to the principle of combining spiritual rewards with material rewards and giving priority to spiritual rewards. Twenty-seventh awards are divided into commendation, meritorious service, meritorious service and honorary title. Article 28 Any staff member of a public institution who commits any of the following acts shall be punished: (1) Damaging the national reputation and interests; (two) dereliction of duty; (3) taking advantage of his work to seek illegitimate interests; (four) squandering and wasting state assets; (five) a serious violation of professional ethics and social morality; (six) other serious violations of discipline. Twenty-ninth sanctions are divided into warning, demerit recording, demotion of post level or dismissal and dismissal. The period of punishment is: warning, 6 months; Record a demerit, 12 months; Demotion or dismissal, 24 months. Thirtieth sanctions shall be given to staff members with clear facts, conclusive evidence, accurate qualitative analysis, proper handling, legal procedures and complete procedures. Thirty-first staff members were dismissed from the punishment, and there was no violation of discipline during the period of punishment. After the expiration of the punishment, the punishment decision unit lifted the punishment and informed me in writing. Chapter VII Wages, Welfare and Social Insurance Article 32 The State establishes a wage system for public institutions that combines incentives and constraints. The salary of staff in public institutions includes basic salary, performance salary and allowance. The wage distribution of public institutions should be combined with the characteristics of different industries and institutions, reflecting factors such as job responsibilities, work performance and actual contribution. Article 33 The State shall establish a normal wage increase mechanism for staff in public institutions. The salary level of staff in public institutions should be coordinated with the development of national economy and adapt to social progress. Thirty-fourth staff of public institutions enjoy the welfare benefits stipulated by the state. Institutions implement the working hours system and vacation system stipulated by the state. Thirty-fifth institutions and their staff members shall participate in social insurance according to law, and the staff members shall enjoy social insurance benefits according to law. Thirty-sixth staff of public institutions who meet the retirement conditions stipulated by the state shall retire. Chapter VIII Handling of Personnel Disputes Article 37 Any personnel dispute between the staff of a public institution and the unit to which they belong shall be handled in accordance with the Labor Dispute Mediation and Arbitration Law of the People's Republic of China and other relevant provisions. Thirty-eighth staff of public institutions who are dissatisfied with the assessment results and punishment decisions involving themselves may apply for review and lodge a complaint in accordance with relevant state regulations. Article 39 A person who is responsible for the employment, assessment, reward, punishment and personnel dispute settlement of a public institution shall be withdrawn in any of the following circumstances when performing his duties: (1) He has an interest in himself; (2) Having an interest in his close relatives; (three) other may affect the impartial performance of duties. Article 40 Any unit or individual may complain and report to the comprehensive personnel management department, competent department or supervisory organ of a public institution for violations of law and discipline in personnel management, and the relevant departments and organs shall promptly investigate and handle them. Chapter IX Legal Liability Article 41 If a public institution violates the provisions of these Regulations, the comprehensive personnel management department or competent department of the public institution at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, the directly responsible person in charge and other directly responsible personnel shall be punished according to law. Article 42 If the personnel handling of the staff of public institutions violates the provisions of these Regulations and causes reputational damage to the parties concerned, they shall apologize, restore their reputations and eliminate the influence; Causing economic losses, compensation shall be paid according to law. Article 43 If the staff of the comprehensive personnel management department and the competent department of public institutions abuse their powers, neglect their duties or engage in malpractices for selfish ends in the personnel management work of public institutions, they shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter X Supplementary Provisions Article 44 These Regulations shall come into force on July 20 14 1 day.

Legal objectivity:

The State Council recently promulgated the Regulations on Personnel Management of Public Institutions, which will take effect on July 1. The regulations point out that in terms of wages, welfare and social insurance, the state has established a wage system for public institutions that combines incentives and constraints. The salary of staff in public institutions includes basic salary, performance salary and allowance. In the newly promulgated Regulations on Personnel Management of Public Institutions, the biggest highlight is that it is becoming more and more enterprise-oriented and market-oriented, especially in open recruitment, competition for posts, performance appraisal, actual contribution and wage growth. The new Regulations on Personnel Management of Public Institutions increasingly embodies the guiding ideology of "making the market play a decisive role in resource allocation" in the comprehensive deepening reform of the Third Plenary Session of the 18th Central Committee, which will surely be an important guiding ideology for revising the Regulations on the Administration of State Civil Servants and strengthening the management of civil servants in the future. However, in the Regulations on Personnel Management of Public Institutions, we still see a certain smell of "bureaucracy". For example, in Article 2, the Party adheres to the principle of managing cadres and talents, in Article 5, the state determines the post category and grade, and in Chapter 6, rewards and punishments are like copying the provisions of the Regulations on the Administration of State Civil Servants, while in Article 29, "punishment is divided into warning, recording a demerit, lowering the post grade or dismissal and expulsion." The period of punishment is: warning, 6 months; Record a demerit, 12 months; Lowering the post level or dismissing the post for 24 months "makes us understand the reasons for frequent corruption again: the warnings, demerits, dismissals and dismissals that often appear in violation of the eight regulations are all temporary. The staff of 30 million public institutions in China can be described as public officials wearing vests, among which economy, quality supervision, price, transportation, environmental protection, urban management, public security and law department and education system are the main departments that are prone to corruption and seriously affect the credibility of the party and government. The author believes that the management and standardization of public institutions need to be further commercialized and market-oriented, and a perfect and strict supervision and accountability mechanism should be introduced. Only in this way can the staff of public institutions be prevented from wearing the vest of public power and repeatedly hurting people's interests and the credibility of the party and government.