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Order of the Shenzhen Municipal People' s Government
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(No.
137) |
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Measures of the
Shenzhen Municipality on the Administration of the Staff Members
of Institutions
(for trial) was adopted at the 127th
Executive Meeting of the Third Session of the Municipal
Government and is now promulgated. It shall
take effect as of
January 1, 2005. |
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Li Hongzhong |
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Mayor |
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October 20, 2004 |
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Measures of the Shenzhen Municipality on the Administration of
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the Staff Members of Institutions (for trial)
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Chapter I General
Provisions
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Article 1 In order to
transform the mechanism of personnel placement of institutions,
establish a staff system
of institutions, and maintain the
rights of institutions and staff members, these measures are
hereby formulated in accordance with the related laws and
regulations and in the light of practical conditions. |
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Article 2 These
measures shall apply to the institutions of this municipality
and the staff members who have
formed a contractual employment
relationship with these institutions. |
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Institutions referred to in these measures shall mean
social service organizations, which are established after being
approved by the municipal, district departments of
organizational establishments for the purpose
of public benefits
and sponsored by government offices or other organizations using
the state assets
to do so, except the institutions which are
managed as enterprises. |
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Staff members referred to in these measures shall mean
the personnel engaged by institutions according to these
measures to be placed on the positions of administrative
management and specialized technology. |
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Article 3 Institutions
shall put in practice the management of division into categories
and determination
of classes. |
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Institutions shall put in practice a system of
classification of positions and follow the principle of
openness, equality, competition and selection according to
merits in engaging and appointing staff members
on the basis of
classification of positions. |
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Article 4 A
staff member shall enjoy the following rights: |
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(1)
to compete for a position which corresponds with his/her
qualifications; |
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(2)
not to be laid off during the term of employment unless
there is a legal cause or a contractual cause; |
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(3)
to have a preferential treatment to be engaged again for
the same qualifications when the term of employment expires; |
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(4)
to have labor safety, health protection and other working
conditions which should be provided for executing duties,
to
have work remuneration and to enjoy social insurance and welfare
benefits; |
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(5)
to participate in the democratic management of the
institution according to law; |
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(6)
to participate in educational and training programs; |
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(7)
to make an appeal and to apply for settlement of a
personnel dispute; |
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(8)
other rights stipulated by laws and regulations. |
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Article 5 A
staff member shall perform the following obligations: |
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(1)
to abide by the constitution, laws and regulations; |
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(2)
to safeguard the national interests, to keep the state
secrets and work secrets; |
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(3)
to execute duties in a position, complete working tasks,
and pay attention to social benefits; |
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(4)
to abide by regulations and rules, to follow occupational
ethics; |
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(5)
to accept education and training according to the rules; |
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(6)
other obligations stipulated by laws and regulations. |
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Article 6 The
municipal government' s department in charge of personnel |
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(hereinafter
referred to as the municipal department of personnel) shall be,
according to the administration
authority, responsible for the
administration of the staff members of this municipality' s
institutions.
Under the direction of the municipal department of
personnel, a district government' s department in charge of
personnel (hereinafter referred to as a district department of
personnel) shall be, according to
the administration authority,
responsible for the administration of the staff members of this
district'
s institutions. |
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Under the direction of the municipal, district
departments of personnel, the various responsible departments of
administration of governments shall be in charge of the
administration of the staff members of the
related institutions. |
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Chapter II Positions
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Article 7 The positions of
staff members of institutions shall be divided into two
categories of positions:
administrative management and
specialized technology, each category of positions may be set up
to include several sorts of positions according to the
professional nature of an institution. |
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Article 8 An
institution shall set up positions of staff members on the
principle that positions are needed
for business, the specific
classification of positions and setup of positions shall be
carried
out according to the related rules of the municipal
department of personnel. |
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An institution' s plan of its position setup shall be
reported to a responsible department of personnel for
examination and approval and then put into practice. |
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Article 9 An
institution shall compile a position manual according to the
plan of position setup, submit the
manual to a responsible
department of administration and |
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a
responsible department of personnel for record, and make it
public in the institution itself. |
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The position manual shall make clear each position' s
category, sort, class, duties and tasks, authority, required
qualifications, etc. as the basis for staff members'
engagement, appointment, assessment, training,
exchange, pay and
welfare benefits. |
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Chapter III Engagement
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Article 10 An institution
shall put in practice an all-personnel engagement system and
define both parties'
rights and obligations by signing a
contract of employment. |
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Article 11 If
an institution has a vacant position and needs to engage a staff
member, the institution shall
invite applications for this
position through open examination or selection. |
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The specific measures on open examination and selection
shall be worked out separately by the municipal department
of
personnel. |
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Article 12 When
an institution inviting applications for positions through open
examination, the municipal
department of personnel shall
unitarily issue a public notice of examination and organize
written
exams; the responsible department of administration or
the institution shall organize interviews, physical examination
and assessments according to the related rules. |
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The responsible department of administration or the
institution shall decide candidates for engagement on the basis
of the requirements for positions and the results of the exams,
assessments and physical examination,
report to the municipal
department of personnel for record and then process the
engagement. |
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Article 13 When
an institution inviting applications for positions through
public selection, the positions
available in the selection and
the requirements for candidates shall be reported to the
municipal
department of personnel for screening; if they have
passed the screening, the
institution shall organize exams, assessments and physical
examination. |
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The institution shall decide candidates for engagement on
the basis of the requirements for positions and the results
of
the exams, assessments and physical examination, report to the
municipal department of personnel
for record and then process
the engagement. |
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Article 14 An
institution shall sign an employment contract with a candidate
for engagement on the principle
of consultation and
voluntariness. If a candidate for engagement is to be engaged as
a legal representative
of the institution, a contract shall be
signed according to the authority of engagement. |
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The model copy of a staff employment contract shall be
drawn up by the municipal department of personnel. |
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Article 15 An
institution shall put in practice an engagement term system when
engaging staff members. Each
engagement term shall not exceed 5
years in general unless there are other rules in the laws,
regulations
and these measures. |
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If a staff member, whose length of service reaches 25
years or who has worked in an institution continuously for
10
years, wants to conclude a contract to be effective from
engagement to retirement, the institution
shall enter into such
a contract with this staff member. |
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As for a staff member who is engaged for the first time,
an institution may set a probation period, but the maximum
of
probation period shall not exceed 6 months. The probation period
shall be calculated as part
of an engagement term. |
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Article 16 If
a staff member' s employment contract expires or the conditions
to terminate the contract agreed
on by both parties take place,
the contract shall terminate immediately. |
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If a staff member' s employment contract expires and
both parties are willing to continue the employment, a renewed
contract shall be signed directly. If one party does not agree
to continue the employment, the
other party shall be noticed in
writing 30 days ahead of the expiration of the contract. |
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Article 17 On
the basis of consultation and agreement of both parties, a staff
member' s employment contract
may be changed or terminated. If
a contract is terminated, it shall be reported to a responsible
department of personnel for record. |
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Article 18 If
there is one of the following situations, a staff member may
unilaterally terminate an employment
contract: |
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(1)
within the probation period; |
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(2)
being admitted to a college or university as a full-time
student; |
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(3)
enlisting for military service according to law; |
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(4)
the relate departments of the state, province or
municipality has confirmed that the safety and health conditions
of the work unit are in a wretched state which are severely
harmful to the health of staff members; |
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(5)
an institution has failed to perform the employment
contract or encroach upon the legal rights of staff members in
violation of the related rules of the state. |
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If
a staff member unilaterally terminates an employment contract,
the employing |
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institution
shall be noticed in writing 30 days ahead of the date of
termination. |
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Article 19 If
there is one of the following situations, a staff member shall
not unilaterally terminate a contract: |
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(1)
being a chief responsible person or a core member of a
professional team of a key project of engineering and scientific
research of the state, province and municipality who has not
completed the undertaken tasks or
has not found a substitute; |
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(2)
undertaking the tasks of top secrecy and secrecy or being
still within the prescribed time limit for keeping secret
what
had been done as top secrecy and secrecy in the past; |
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(3)
having a dispute with an institution on the ownership of
a intellectual right or a scientific research achievement; |
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(4)
other situations stipulated by the laws, regulations and
rules. |
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If
a staff member has unilaterally terminated an employment
contract in violation |
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of
the rules in the above section, the staff member shall be held
liable for breaking the contract;
if there is damage to the
institution, the staff member shall be held liable for
compensation. |
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Article 20 If
there is one of the following situations, an institution may
unilaterally terminate an employment
contract: |
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(1)
being found unqualified for engagement during the
probation period or graded as unqualified in an assessment after
the probation period; |
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(2)
having been absent from work without reason for more than
10 consecutive days or for more than 20 accumulative days
in 1
year; |
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(3)
having failed to return for more than 1 month after the
time limit to be approved by the institution to leave the
position for study at one' s own expense; |
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(4)
causing a responsibility accident by violating discipline
or operation rules, or causing serious consequences by
neglecting duties, malfeasance, practicing favoritism and
engaging irregularities; |
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(5)
seriously disturbing the work order so that the
institution cannot keep normal work and production; |
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(6)
being passed on a sentence heavier than penal servitude
or rehabilitated through labor; |
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(7)
being unable to do the original work after the end of the
prescribed period of medical treatment for the disease
or
not-work-related injury and refusing to accept a rearrangement; |
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(8)
there has been a change in the authorized size of the
institution or a major change in the other objective
circumstances which are the basis of signing of the employment
contract so that it is impossible to execute
the contract any
more; |
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(9)
the time to wait for engagement after dismissal exceeds 1
year and there is still a difficulty to be engaged for
other
positions; |
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(10)
other situations in which an employment contract may be
unilaterally terminated according to laws, regulations, rules
and the agreement in the contract. |
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If
an institution terminates an employment contract because of the
situations |
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referred
to in Items (7), (8), (9) of the above section, a written notice
shall be given to the
concerned staff member 30 days in advance. |
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Article 21 If
a staff member is in one of the following situations, an
institution shall not terminate an employment
except when Items
from (1) to (6) of Article 20 apply: |
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(1)
there is less than 5 years left to reach the legal age of
retirement; |
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(2)
within the period of medical treatment after being sick
or injured; |
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(3)
a female employee has been within the periods of
pregnancy, puerperium, and breast-feeding; |
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(4)
suffering from an occupational disease or work-related
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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(5)
being under investigation by a judicial department or a
department of disciplinary inspection and supervision and
having
no conclusion be made yet; |
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(6)
other situations stipulated by laws, regulations and
rules. |
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If
a staff member is in the situation referred to in Item (4) of
the above section, the |
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employment
contract may be terminated after consulting and reaching an
agreement with the institution. |
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Article 22 When
a staff member' s employment contract is terminated, the
agreement of this member' s appointment
to a position shall be
terminated at the same time. |
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If a staff member and an institution terminate the
employment contract after reaching an agreement through
consultation or because of the situations referred to in Items
from (7) to (9) of the first section of
Article 20, the
institution shall give economic compensation. The economic
compensation may be
paid according to the years of service in
this institution, one-month wage to be paid as economic
compensation for 1 year of service, if the length of service is
less than 1 year, it shall be calculated] as
1 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 employment is less
than 12 months, the average monthly
wage shall be that of the
months of the actual employment. |
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Chapter IV Appointment
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Article 23 The positions of
staff members shall be arranged through an appointment system
which defines the
rights and obligations such as the authority
to execute duties, requirements to discharge duties and
remuneration, etc. by signing an agreement on appointment to a
position. |
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Article 24 When
appointing a staff member to a position, an institution may do
so through an internal competition
among staff members or
consultation. In case of invitation for applications to engage a
staff member,
an agreement on appointment to a position shall be
signed at the same time. |
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Appointment to a leadership position of an institution
shall be arranged and carried out by the related department
according to the authority of appointment and dismissal of
leading cadres, it may be done thorough
open promotion,
engagement by selection, internal competition, or democratic
recommendation. If
an appointee is selected as a legal
representative, the appointing office and the appointee shall
sign an agreement on appointment to a position; if an appointee
is selected for other leadership positions, the
legal
representative of the institution and the appointee shall sign
an agreement on appointment
to a position. |
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Appointing a staff member to a position shall be done in
a challenge system according to the related rules. |
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Article 25 The
legal representative of an institution under the administrative
council (board of directors)
system or the person holding a
position under the election system according to law shall come
out
and be appointed according to the regulations and the
related laws. |
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Article 26 An
institution shall have an agreement with a staff member on an
appointment term of a position,
but the maximum of an
appointment term shall not exceed the engagement term. |
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If a staff member' s engagement term is extended after
expiration, the appointment to the original position may be
renewed or an appointment to other appropriate positions shall
be made. |
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Article 27 Within
the appointment term of a position, an institution may make a
reappointment to another position
after reaching an agreement
through consultation with the staff member; if a staff member is
in
one of the following situations, an institution shall
reappoint this person to another position: |
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(1)
withdraw from a position is necessary according to the
challenge system; |
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(2)
being unable to do the original work after the end of the
prescribed period of medical treatment for the disease
or
not-work-related injuries; |
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(3)
no longer suitable for being appointed to the original
position after having been imposed on a sanction of dismissal,
demotion to a lower class of positions, or other sanctions; |
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(4)
no longer suitable for continuing to work at a position
because of an error in work; |
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(5)
it is according to the agreement on appointment to a
position that a reappointment should be made. |
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If
a staff member is in the situation referred to in Item (3) of
the above section, a |
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reappointment
to a lower class of positions shall be made; as for other
situations, a reappointment
to a lower class of positions may
also be made according to the agreement on appointment to a
position. |
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Article 28 If
a staff member is in one of the following situations, an
appointment to a higher class of positions
shall not be allowed: |
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(1)
being under investigation for which a judicial department
or a department of disciplinary inspection and supervision
has
placed a case on file; |
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(2)
a disciplinary sanction has not been lifted; |
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(3)
having failed to achieve the goals within an appointment
term; |
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(4)
unsuitable for being appointed to a higher class of
positions according to the rules of the state, province and
municipality. |
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Article 29 A
staff member who is in one of the following situations shall be |
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discharged
from a position to wait for an appointment: |
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(1)
the institution has approved that this person leave the
position for more than 1 year to study at the person' s own
expense; |
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(2)
continuing to work at the position is no longer
appropriate because of an error in work and there is a temporary
difficulty to make a reappointment to an appropriate position; |
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(3)
other situations stipulated by the municipal government. |
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An
institution shall reappoint to an appropriate position the
person referred to in |
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Item
(1) of the above section as one discharged to wait for an
appointment after this person has
finished study; as for the
person referred to in Item (2) of the above section, an
arrangement
may be made for taking other temporary work. |
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If a staff member within the period of having been
discharged to wait for an appointment terminates the employment
contract for reasons such as the expiration of the contract,
etc., the status of having been discharged
to wait for an
appointment shall be ended. |
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Article 30 When
a staff member' s position changes or an appointment expires,
auditing shall be done if the
staff member has had the
independent economic responsibility in this position. |
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Chapter V Pay and
Welfare Benefits
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Article 31 On the principle
of giving priority to efficiency and giving consideration to
justice at the same
time, an institution shall establish a pay
distribution system of staff members mainly on the basis of
position pay and in combination of the distribution according to
work and the distribution according to
participation by factors
of production. |
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Article 32 Governments
shall conduct a macro-level management of the pay system of
institutions, the department
of personnel shall, jointly with
the department of finance, check and approve the gross payroll
of various institutions. |
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Article 33 An
institution shall, on the basis of the approved gross payroll,
determine the measures on the
pay distribution of this
institution and the pay scale of various positions. |
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The measures of an institution on the staff' s pay
distribution shall be adopted at a worker (staff) congress or
worker (staff) representative congress of this institution. |
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The measures on the pay distribution and the pay scale of
various positions of an institution shall be checked and
approved by the responsible department of administration and
then reported to the responsible department
of personnel for
record; if there is no responsible department of administration,
the responsible
department of personnel shall do the check and
approval. |
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Article 34 The
pay of a staff member shall be based on the position pay and
also determined by the factors
such as workload, work quality,
economic benefits and social benefits created by this person,
etc. |
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If a staff member has been appointed to two positions of
different categories, one position shall be determined as
a
major position according to workload and work time, the pay of
this staff member shall be that
for the major position. |
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Within the period of having been discharged to wait for
an appointment, a staff member shall keep only fixed pay
such as
the position pay, etc. ; as for those who have an approval to
leave for study at their
own expenses, their pay shall be
stopped. |
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Article 35 A
staff member' s vacation, housing and other welfare benefits
shall follow the related rules of
the state, province and this
municipality. |
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Chapter VI Assessment,
Reward and Punishment
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Article 36 An institution
shall make assessments of staff members on the principle of
objectivity and justice,
under the direction of the responsible
department of personnel, establish an assessment system on the
basis of the position management and appointment system and in
combination of the probation assessment, regular
assessment,
annual (academic year for a teaching institution, the same
below) assessment, and appointment
term assessment. |
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Article 37 An
institution shall work out the specific standards and measures
to make assessment of the staff
members of this institution
which shall be put into practice after being adopted at a worker
(staff)
congress or a worker (staff) representative congress. |
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An
institution shall make assessments level by level according to
the work performance of staff
members based on their employment
contracts and agreements on appointment to a position. |
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Article 38 The probation
assessment of staff members of an institution shall have two
grades: qualified and
unqualified, the grades of staff
members' annual assessment and appointment term assessment
shall
be determined according to the specific measures of this
institution on assessment. |
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Article 39 The
results of the annual assessment and appointment term assessment
of an institution shall be
reported to the responsible
department of administration for record. |
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Article 40 The
results of assessments of staff members shall be used by an
institution as the basis for staff
position adjustments and
staff members' engagement, appointment, training, pay, reward
and punishment. |
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If a staff member is graded as unqualified during the
probation period, the employment contract shall be terminated. |
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Article 41 Awarding
a staff member an honorary title, a citation for the first class
merit, a citation for
the second class merit, a citation for the
third class merit or honoring a staff member by commendation
shall be carried out according to the related rules of the
municipal government; awarding a staff member
other kind of
rewards and honoring a staff member by other ways shall be
determined by an institution
itself. |
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Article 42 If
a staff member has taken an act in violation of law and
discipline, it shall be dealt with according
to the related
rules. |
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Chapter VII Education
and Training
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Article 43 An institution
shall, according to the needs of social, economic, science and
technology developments,
make a plan and arrangements for staff
members' education and training. |
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Staff members shall participate in staff training
organized by their institutions, they shall be encouraged to
participate in various programs of social training to upgrade
themselves in personal ability. |
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Article 44 Staff
training shall be divided into position-holding training and
continuous education. |
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The contents of staff training shall be target-oriented,
practical and advanced. |
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Article 45 Staff
training may be organized and conducted by an institution itself
or entrusted with to training
institutions such as colleges and
universities, scientific research academies and institutions. |
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Article 46 Staff
members' grades of training and completion of training tasks
shall be one of the bases for
assessments and appointments of
staff members. |
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Chapter VIII Social
Security
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Article 47 The municipal
government shall, according to the level of social and economic
development and the
social bearing capacity of this
municipality, establish and improve step by step a social
insurance
system corresponding with the staff member system. |
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Article 48 Staff
members shall participate in social insurance such as old age
pension, medical care, etc.
according to the related rules of
the state and the municipality, the specific measures of the
staff social security system shall be drawn up separately by the
municipal government. |
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Article 49 A
staff member who is in one of the following situations shall
enjoy the social insurance benefits: |
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(1)
having retired; |
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(2)
falling ill, being injured, bearing a child; |
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(3)
being injured and disabled in line of duty or suffering
from an occupational disease; |
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(4)
being unemployed. |
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Article 50 A
staff member who is in one of the following situations shall
retire |
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unless
this staff member meets the state rules to extend the age of
retirement: |
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(1)
reaching the age of 60 full years for a male or 55 full
years for a female, and having worked for 10 years or more; |
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(2)
reaching the age of 50 full years for a male or 45 full
years for a female, and having worked for 10 years or more
and
being appraised by this municipality' s medical institution of
labor appraisal as one who has
lost the ability to work because
of illness. |
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If
a staff member is disabled in line of duty and appraised by this
municipality' s |
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medical
institution of labor appraisal as one who has lost the ability
to work, this staff member
may also go through the formalities
for retirement. |
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If a staff member is in the situation stipulated by the
state, the resignation from a position may be arranged. |
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If a staff member has retired or resigned, remuneration
shall be calculated according to the related rules of the
municipal government. |
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Article 51 If
a staff member meets one of the following requirements, an early
retirement may be arranged after
this staff member has filed an
application, the institution has agreed to it and reported the
application
to the municipal department in charge of personnel
for approval: |
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(1)
reaching the age of 55 full years for a male or 50 full
years for a female and having worked for 20 years or more; |
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(2)
engaging in the underpit operation, work at a high place
above the ground, high-temperature operation, extraordinarily
heavy physical labor or other work harmful to health, reaching
the age of 55 full years for a male
or 45 full years for a
female, and having worked for 10 consecutive years or more; |
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(3)
other requirements stipulated by the state. |
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Chapter IX Settlement of
Disputes
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Article 52 If a staff
member has a dispute with an engaging institution on the
engagement, appointment, and
discharge of the employment
contract or the agreement on appointment to a position, etc.,
the party
concerned may apply to an arbitral institution of
personnel disputes for arbitration within a prescribed time
limit. |
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Article 53 The
scope of authority of the municipal, district arbitration
institutions of personnel disputes
shall be determined according
to the authority of the municipal, district departments of
personnel. |
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Article 54 If
an institution has done damage to a staff member because of the
acts in violation of laws or
contracts, correction shall be made
immediately, and recoupment or compensation shall be made as
well; if reputation has been damaged, the institution shall be
responsible for clearing up ill effects. After
recouping or
compensating, the institution may recover such payment from the
responsible persons
who made serious errors. |
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Chapter X Supplementary
Provisions
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Article 55 As for the
administration of the members of the leading group of an
institution, the related rules
of the state, province and
municipality, in addition to these measures, shall be
implemented. |
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Article 56 An
institution shall entrust enterprises with the rear service and
make the rear service socialized;
if part of the rear service is
not suitable for entrustment, the institution shall, after
having
an approval from a responsible department of personnel,
hire people according to the related rules of the municipal
government on the administration of employees. |
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Article 57 These
measures shall take effect as of January 1, 2005. |
