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Order of the Shenzhen Municipal People' s Government
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No.
133 |
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Measures for Trial
Implementation of the Shenzhen Municipality on the
Administration of the Employees
of the Government Offices and
Institutions was adopted at the 108th Executive
Meeting of the Third
Session of the Municipal Government, is now promulgated, and
shall take effect as of
August 1, 2004. |
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Li Hongzhong |
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Mayor |
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June 23, 2004 |
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Measures for Trial Implementation of the Shenzhen
Municipality on the Administration of the Employees of the
Government Offices and Institutions
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Chapter I General
Provisions
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Article 1 In order to
improve the efficiency of government work, control the
administrative operation cost,
and safeguard the legal rights of
the government offices and institutions and their employees,
these measures are hereby formulated
in accordance with the related law and regulations and in
the light of practical conditions. |
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Article 2
These measures shall apply to the government offices and
institutions of this municipality and
their employees. |
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The institutions referred to in these measures shall mean
the social service organizations which have been established
for
the purpose of public interests after approval by the municipal,
district departments in charge
of establishment of organizations
and supported by the state assets provided by the government
offices or other organizations, but not including those
institutions that are managed as enterprises. |
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The employees referred to in these measures shall mean
the persons employed by the government offices and institutions
through contract within the authorized size of organization and
the approved number of personnel. |
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Article 3 The
employee administration shall be conducted in combination of
unified administration and administration
by classification. |
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The government office and institutions shall employ
persons according to the principle of openness, equality,
competition, and selecting based on qualifications. |
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Article 4 When
the employees are discharging the duties of their job according
to these measures and employment
contracts, their rights and
obligations shall be performed in the light of the related rules
on
the public servants of the state and the staff members of
institutions. |
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Article 5 The
administrative department of the municipal government in charge
of personnel (hereinafter referred
to as the municipal
department of personnel) shall be responsible for the employee
administration
of this municipality. The administrative
departments of district governments in charge of personnel
shall, under the direction of the municipal department of
personnel, be responsible for the administration
of the
employees of the subordinate units in their respective
jurisdictions according to their
authority. |
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The departments of government in charge of establishment
of organizations, finance, labor, and social security, etc.
shall, according to their division of duties, cooperate with the
department in charge of personnel
in the employee
administration. |
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Chapter II
Classification and Disposition
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Article 6 The employees
shall be classified as senior employees and ordinary employees. |
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The senior employees shall mean the senior professionals
whom the municipal government has decided to employ for
the
special needs in improving the management and service of the
government offices and institutions. |
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The ordinary employees shall mean the personnel whom the
government offices and institutions have employed for
undertaking intermediate and special tasks or intra-unit odd
jobs and work of auxiliary character. |
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The specific posts of the ordinary employees of the
government offices and institutions shall be determined by the
municipal department in charge of establishment of organizations
jointly with the municipal department
of personnel, and these
posts shall be made public. |
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Article 7 The
senior employees of administrative offices shall be hired by the
municipal government; the senior
employees of institutions shall
be hired by the institutions, the resultant expenses shall be
provided
by the employing units on their own. |
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The ordinary employees shall be hired by government
offices and institutions themselves. |
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Article 8 The
employees shall be calculated as part of the authorized
personnel number of an organization;
for a temporary
organization approved by the department in charge of
establishment of organizations
to be established for undertaking
intermediate and special tasks or for the government offices and
institutions with increased specified number of personnel,
the department in charge of establishment of
organizations shall determine the specified number of employees
according to the needs on the basis of the nature of the
units' work at the same time when assigning
the authorized
number of personnel. |
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The specific number of senior employees shall be
determined by the municipal government according to the needs of
the social and economic development of this municipality. |
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Chapter III Employment
Procedure
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Article 9 The employees'
hiring shall be done through public invitation of application
for jobs, the specific
measures shall be worked out separately
by the municipal department of personnel. |
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Article 10 An
applicant for employment shall meet the following requirements: |
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(1)
to abide by the Constitution of the People' s Republic
of China, law and regulations; |
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(2)
to be willing to perform the obligations of an employee; |
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(3)
to satisfy the prescribed qualifications. |
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Applicants
for the post of a senior employee shall be the experts or
scholars who |
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are
of great attainments in their specialty and of high reputation
both at home and abroad. |
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If an ordinary employee post requires professional and
technical qualifications or practicing license, the applicant
shall meet the corresponding requirements. |
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As for the applicants for the posts which are not the odd
jobs and auxiliary posts, they shall have the record of
formal
schooling at the level higher than college for professional
training. |
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Article 11 When
the government offices and institutions hire senior employees,
they shall work out an employment
plan to report, after the
examination by the department in charge of personnel, to the
municipal
government for approval, the municipal department of
personnel shall make an announcement to invite for application
for these jobs and conduct the examination jointly with the
employing units; the senior employee
candidates of government
offices shall be reported to the municipal government for
employment decision;
the decision on the employment of the
senior employees candidates of institutions shall be made by the
institutions. |
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Article 12 When
government offices and institutions hire ordinary employees,
they shall work out an employment
plan; the employment plan
shall include the following contents: the way and reason of
hiring employees,
the number of employees, the specialties and
qualifications of employees, the duty requirements for
employees' posts and basic pay. |
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Article 13 When
government offices and institutions invite application for the
posts of ordinary employees
to take odd and auxiliary jobs, they
shall report their drafted employment plans to the department in
charge of personnel, after the plans have been approved, the
employing units shall organize a public invitation
for
application for these jobs. |
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When government offices and institutions invite
application for the other posts of ordinary employees, they
shall report their drafted employment plans to the department in
charge of personnel for approval, a
unified invitation for
application for these jobs shall be organized by the department
in charge
of personnel, and a written examination, interview and
physical examination shall be arranged by the department
in
charge of personnel or its employing units upon entrustment in
the light of the related rules
on employment (appointment) of
public servants and staff members. |
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Article 14 The
ordinary employee candidates shall be determined by the
employing units according to the post
requirements and the
results of examinations, assessments, and physical examinations,
and then
the employment contracts shall be signed. |
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The employing units shall report the name list of the
employees including their basic information to the departments
in charge of personnel and establishment of organizations for
record. |
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Chapter IV Employment
Contracts
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Article 15 An employing
unit shall sign an employment contract with an employee
candidate according to the
principle of equality and
voluntariness and reaching unanimity through consultation. |
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An administrative office entrusted by the municipal
government shall sign an employment contract with an
administrative office senior employee. |
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Article 16 An
employment contract shall include the following main contents: |
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(1)
contracting parties; |
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(2)
the main duties of the employee post or the main tasks of
the employee; |
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(3)
the working conditions provided by the employing unit; |
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(4)
the welfare benefits of the employee; |
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(5)
the term of the contact; |
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(6)
the liabilities of breaking the contract; |
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(7)
the other contents agreed on by the employing unit and
the employee. |
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Article 17 The
term of an employment contract shall be determined by the |
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employing
unit according to the tasks of the employee' s post, but the
term for each employment
shall not more than 3 years; there
shall be no more than two times of renewal of the contract after
the expiration, and the renewal shall not be longer than 3 years
each time. |
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For a first-time employee, an employing unit may set a
probation period, but the probation period shall not be more
than 6 months. The probation period shall be included in the
employment period. |
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Article 18 If
the term of an employment contract expires or the conditions for
terminating a contract agreed
on by both parties occur, the
contract shall be terminated. |
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If an
employment contract expires and both parties want to continue
the employment, they may directly
renew the contract. |
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Article 19 An
employment contract may be changed or cancelled if both parties
have reached an agreement through
consultation. |
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Article 20 If
there is one of the following situations, an employee may
terminate an employment contract unilaterally: |
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(1)
during the probation period; |
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(2)
being enrolled to perform military service according to
law; |
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(3)
the employing unit has failed to execute the contract or
encroached upon the legal rights of the employee. |
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When
an employee terminates an employment contract unilaterally, a
written |
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notice
shall be given to the employing unit 30 days in advance. |
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Article 21 If
there is one of the following situations, an employee shall not
terminate an employment contract: |
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(1)
the chief responsible person or key members of the
professional team of a state, provincial or municipal major
project of engineering or scientific research have neither
completed the undertaken tasks nor found
substitutes; |
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(2)
the undertaken work is related to the information of top
secrets or secrets and still within the term of keeping
the
secrets; |
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(3)
there is an controversy on the ownership of intellectual
rights or scientific research achievements with the employing
unit; |
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(4)
the other situations stipulated by the law, regulations
and rules. |
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If
an employee has, in violation of the above section, terminated
an employment |
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contract
unilaterally and done a damage to the unit, the employee shall
be held liable for compensation. |
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Article 22 If
an employee is in one of the following situations, an employing
unit may terminate an employment
contract unilaterally: |
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(1)
having been absent from work without reason for more than
5 consecutive work days or more than 10 accumulative work
days
in 1 year; |
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(2)
having caused a responsibility accident by violating
discipline or operation rules, or caused serious consequences
by
neglecting duties, being derelict of duty, practicing favoritism
and engaging in irregularities; |
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(3)
have seriously disturbed the work order so that the unit
cannot keep a normal operation; |
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(4)
having taken acts in violation of law or discipline and
becoming no longer suitable to continue to hold a post in
the
employing unit; |
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(5)
having been proved to be not qualified for the employment
during the probation period or having failed in the examinations
at the end of the probation period; |
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(6)
having failed in the annual assessment; |
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(7)
having refused to accept a work rearrangement when not
being able to do the original work after the end of the
prescribed period of medical treatment for the disease or
injuries not caused by an employment accident; |
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(8)
there has been a change in the authorized size of the
unit or a major change in the other objective circumstances
which are the basis of signing of this contract so that it is
impossible to execute the contract
any more; |
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(9)
the other situations stipulated by the law, regulations,
and rules. |
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If
an employing unit terminates an employment contract unilaterally
because of |
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the
situation referred to in either Item (7) or Item (8) of the
above section, a written notice
shall be given to the concerned
employee 30 days in advance. |
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Article 23 If
an employee is in one of the following situations, an employing
unit shall not terminate an employment
contract: |
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(1)
having been within the period of medical treatment after
being sick or injured; |
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(2)
the female employees have been within the periods of
pregnancy, puerperium, and breast-feeding; |
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(3)
having suffered from an occupational disease or work
injury and being identified as a disabled of the fifth to tenth
class by an institution to grade the ability to work; |
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(4)
the other situations stipulated by the law, regulations
and rules. |
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Article 24 If
an employment contract is terminated for one of the following |
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situations,
the employing unit shall pay economic compensation to the
employee: |
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(1)
the contract is terminated by both parties reaching an
agreement through consultation; |
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(2)
the contract is terminated because of the stipulations in
Item (3) of the first section of Article 20 of these measures; |
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(3)
the employing unit terminates the contract because of the
stipulations in Items (7), (8) of the first section of
Article
22 of these measures. |
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The
economic compensation shall be calculated according to the years
for which |
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the
employee has executed the current contract, i.e., one-month wage
shall be paid as the compensation
for one year, if the period of
time is less than one year, it shall be calculated as one year. |
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The monthly wage referred to in the above section shall
be the average monthly wage of the 12 months before the
termination of the contract; if the period of time is less than
12 months, the average monthly wage
shall be that of the months
of the actual employment. |
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Chapter V Pay and Social
Security
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Article 25 The government
shall conduct the macro-management of the employee payroll
system of employing units,
the department in charge of personnel
shall, jointly with the department of finance, check and decide
the total amount of the ordinary employees' pay of each unit
according to the specified number and posts
of the ordinary
employees. |
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Article 26 As
for the senior employees' pay of administrative offices, the
municipal department in charge
of personnel shall, jointly with
the departments of finance, taxation, labor, social security,
statistics, etc., work out a plan and report to the municipal
government for a decision; the senior employees'
pay of
institutions shall decided by the employing units themselves. |
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The ordinary employees' pay shall be specifically
decided by employing units according to the practical conditions
such as the character and workload of the employees' posts,
etc. |
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The overtime pay and vacation pay of ordinary employees
shall be calculated according to the related labor regulations. |
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Article 27 Employees
shall enjoy the right to take a vacation, the specific standards
shall be implemented
according to the related labor regulations. |
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Article 28 Employee
shall, in compliance with the related law and regulations,
participate in the social insurance
such as the enterprise
employees' old age insurance, employment injury insurance,
unemployment
insurance and comprehensive medical insurance, etc.
and enjoy the benefits of the related insurance. |
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Chapter VI Assessment
and Occupational Development
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Article 29 An employing
unit shall make assessments of employees according to the
principle of objectivity
and fairness, and establish an
assessment system on the basis of employment contracts and in
combination
of probation assessment, annual assessment (academic
year' s assessment for a teaching unit) and employment term
assessment. |
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Article 30 The
assessment of an employee shall based on the employment contract
and job performance. |
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Article 31 The
assessment of an employee shall be graded in three levels such
as excellent, qualified, and
unqualified. |
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The results of the annual assessment and employment term
assessment shall be the basis for renewal of an employment
contract, pay, award and punishment. |
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If an employee in the probation period is graded as
unqualified in the assessment, the employment contract shall
be
cancelled. |
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Article 32 If
an employee has one of the following deeds, an award shall be
granted: |
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(1)
having had inventions and innovations in doing the job,
put forward a rationalization proposal or conducted good
management, attained outstanding economic benefits or social
benefits; |
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(2)
having prevented or avoided a serious accident so that
the loss of interests of the state and the people is escaped
or
reduced; |
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(3)
having pioneered and innovated in the fields such as
scientific research, education, culture, health, sports, etc.
and made an important contribution in the post; |
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(4)
having the other outstanding achievements. |
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Article 33 The
rewarding of employees shall be done according to the measures |
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on
the rewarding of public servants and staff members. |
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If an employee has taken an act in violation of law and
discipline, it shall be dealt with according to the related
rules. |
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Article 34 If
an ordinary employee has executed an employment contract for
more than 1 year and participated
in an open examination for
recruiting the personnel of government offices and institutions,
the
employee may be given preferential treatment for being taken
(engaged) on the personnel in comparison with those
who have
equivalent conditions in other respects. |
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If the ordinary employees of government office and
institutions have executed their employment contract for more
than one year and been taken (engaged) respectively on the
personnel of government offices and
institutions, they may not
need any probation period. |
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Chapter VII
Supplementary Provisions
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Article 35 If an employee
and an employing unit have disputes on the employment procedure
or the execution
and cancellation of the contract, assessment,
pay, etc., an application may be filed to an arbitration office
of personnel disputes within a prescribed deadline for a
settlement. |
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Article 36 These
measures shall take effect as of August 1, 2004. |
