Notice of the General Office of the Beijing Municipal People’s Government on Printing and Distributing the Trial Measures for the Employment Contract System of Public Institutions in Beijing
Beijing Zhengban Fa [2002] No.50
The people’s governments of the districts and counties, the commissions, offices and bureaus of the municipal government, and the municipal institutions:
"Trial Measures for the Employment Contract System of Public Institutions in Beijing" have been approved by the municipal government and are hereby printed and distributed to you, please implement them carefully.
November 20, 2002
Trial Measures of Beijing Municipality on Employment Contract System of Public Institutions
Chapter I General Principles
Article 1 These Measures are formulated in accordance with relevant national laws, regulations, rules and policies in order to deepen the reform of the personnel system of public institutions in this Municipality, establish an employment system for public institutions that meets the requirements of the socialist market economic system, and safeguard the legitimate rights and interests of public institutions and employees.
Article 2 The employment contract system of public institutions refers to the personnel management system in which public institutions and employed persons sign employment contracts on the basis of equality, voluntariness and consensus according to relevant national laws, regulations, rules and policies to determine the employment relationship and clarify the rights and obligations of both parties.
Article 3 The principles of openness, equality, competition and merit selection shall be implemented in the employment of public institutions, and the employees’ rights of participation, information and supervision shall be guaranteed.
Article 4 In addition to personnel management in accordance with the national civil service system and transformation into enterprises, public institutions should gradually try out the personnel employment system.
The employment of full-time staff by social organizations compiled by public institutions shall be carried out with reference to these measures, except for personnel management in accordance with the national civil service system.
The appointment of leaders of public institutions may take the form of recruitment or appointment according to the authority of cadre personnel management and the prescribed procedures.
Article 5 The Municipal Personnel Bureau shall be responsible for organizing and managing the trial employment contract system of public institutions in this Municipality.
Chapter II Organization and Procedures of Employment Work
Article 6 Institutions that try out the personnel employment system (hereinafter referred to as employing units) shall set up employment organizations that are suitable for the personnel employment work, and strictly follow the personnel employment procedures. The employment organization is composed of the person in charge of the personnel department of the unit, the person in charge of the discipline inspection department, the trade union or representatives of the masses, and relevant experts can be invited to participate as needed. The implementation plan of the employment contract system shall be put forward by the employment organization and reviewed by the workers’ congress or the workers’ congress. The employment, assessment, renewal and dismissal of the personnel of the employing unit shall be put forward by the employment organization and reported to the responsible personnel of the unit for collective discussion and decision.
Seventh institutions should combine the tasks of their own units, set up posts in accordance with the principle of scientific and rational, streamlined efficiency, and determine the post salary according to the relevant provisions of the state and the actual situation of the unit. Institutions with staffing approved by the organization department shall set up posts and employ personnel, and shall not exceed the approved staffing amount.
Article 8 The basic procedures for hiring personnel are:
(a) announced the employment position and its responsibilities, application conditions, wages and other matters;
(2) Applicants apply for employment;
(3) The employment organization conducts a preliminary examination of the qualifications and conditions of the candidates;
(four) the employment organization shall conduct an examination or assessment of the candidates who have passed the preliminary examination, and select the best candidates;
(five) the employing unit responsible for collective discussion to determine the employed personnel;
(6) The legal representative of the employing unit or its entrusted agent signs an employment contract with the employed personnel.
Article 9 The employing unit shall implement the avoidance system for employees. Employees who have husband-and-wife relationship, lineal consanguinity, collateral consanguinity within three generations or close affinity with the responsible personnel of the employing unit shall not be employed to work in the positions of secretary, personnel, finance, auditing, discipline inspection and supervision of the responsible personnel of the unit, nor shall they work in positions with direct superior-subordinate relationship.
Article 10. Except for the policy placement and the selection (placement) of personnel by other methods for posts involving state secrets, the supplementary staff of the employing unit shall be selected and employed on the basis of job responsibilities and employment conditions through open recruitment, examination or assessment. Those who apply for the post of practicing qualification system must hold the corresponding practicing qualification certificate. The employing unit shall give priority to hiring personnel from the existing personnel of the unit; Social recruitment, under the same conditions, the applicant of this unit is preferred.
Chapter III Conclusion of Employment Contract
Article 11 An employing unit shall conclude an employment contract with the employed personnel.
Article 12 The employing unit shall truthfully explain the post requirements, work contents, working hours, work remuneration, working conditions and social insurance to the employed personnel. The employed personnel have the right to know the relevant information of the employing unit, and shall truthfully provide the employing unit with my ID card, education, employment status, work experience, professional skills and other certificates.
Article 13 An employment contract shall be concluded in writing between the legal representative of the employing unit or its entrusted agent and the employed person in duplicate, with each party holding one copy. The text format of the employment contract of public institutions shall be uniformly formulated by the Municipal Personnel Bureau.
Article 14 An employment contract must have the following terms:
(1) Term of employment contract;
(two) the post (job) and its responsibilities;
(3) Post (work) discipline;
(4) Labor protection and post (work) conditions;
(5) Wages and welfare benefits;
(6) Conditions for the alteration and termination of the employment contract;
(seven) the responsibility for violating the employment contract.
In addition to the above-mentioned essential clauses, the employment contract may stipulate terms such as probation period, training, intellectual property protection, and time limit for advance notice of dismissal upon consensus of both parties.
Fifteenth employment contracts are divided into short-term, medium-term and long-term contracts with the completion of certain work as the term. Short-term contracts of less than 3 years are generally signed for positions with strong liquidity and low technical content; A contract with a relatively long term is a medium-and long-term contract for the needs of the post or occupation; For a contract whose term is to complete certain work, the term of the contract shall be determined according to the task. The longest term of the contract shall not exceed the number of years when the candidate reaches the retirement age stipulated by the state.
Article 16 If an employed person has worked in this unit for 25 years or has worked continuously for 10 years and his age is less than 10 years from the retirement age stipulated by the state, if he proposes to conclude a contract from employment to retirement, the employing unit shall conclude it with him.
Seventeenth the following employment contract is invalid:
(a) the employment contract in violation of laws and regulations;
(2) An employment contract concluded by means of fraud or coercion;
(3) Contents obviously unfair’s employment contract;
(4) Employment contracts that violate national interests and public interests.
The invalidity of the employment contract shall be confirmed by the Municipal Personnel Dispute Arbitration Commission or the people’s court. If it is confirmed that part of the employment contract is invalid, the remaining part is still valid if it does not affect the validity of the remaining part.
Article 18 With regard to persons with limited capacity for civil conduct (such as intermittent mental patients) of the employing unit, the employment contract may be postponed after appraisal by the relevant departments. If a disciplinary review or judicial investigation has not yet reached a conclusion, the employment contract may be postponed.
Article 19 When a public institution begins to try out the employment contract system, if the original fixed-term employees are unwilling to sign the employment contract with the employing unit, and it does not belong to the deferred signing situation, the employing unit shall provide them with a period of no less than 3 months of self-employment, and the treatment of the employees during the self-employment period shall not be lower than their basic salary. Employees who are re-employed during the period of self-employment shall be handled by the original employing unit for the transfer of relevant personnel relations. Employees who have not been employed after the expiration of their own employment may resign or the employing unit shall go through the relevant formalities in accordance with the provisions of this Municipality on social insurance.
Twentieth institutions began to try the employment contract system, without the consent of the unit, the following persons shall not refuse to sign the employment contract:
(a) the main person in charge of the national and municipal, district and county key scientific research projects, the backbone of the business or the major (key) work (project) of the unit has not been completed;
(two) engaged in work involving state secrets or engaged in work involving state secrets, within the prescribed period of confidentiality;
(three) in the important position of the unit or engaged in special industries, special types of work, after leaving the company, causing great damage to the interests of the unit.
The above-mentioned personnel who leave without the consent of the employing unit and refuse to return after criticism and education shall be treated as automatic resignation. After being employed by other units, the length of service is calculated from the date of re-employment.
Article 21 When concluding an employment contract with employees, the employing unit shall not collect any form of mortgage, collateral or other property.
Chapter IV Alteration of Employment Contract
Article 22 After the employment contract is signed according to law, it is legally binding. Both parties must fulfill their obligations stipulated in the contract, and neither party may change the contract without authorization. After the legal representative of the institution is changed, the original contract is still valid, and the new legal representative will continue to perform it.
Article 23 The employment contract may be changed after both parties reach an agreement through consultation.
Article 24 If the laws, regulations, rules and policies on which the employment contract is based change, the relevant contents of the employment contract shall be changed according to law. Where the employing unit changes its name, it shall change the name of the employing unit of the employment contract.
Article 25 If the objective circumstances on which the employment contract was concluded have changed significantly, which makes it impossible to perform the employment contract, one party to the employment contract shall notify the other party of the change request in writing, and the other party shall reply within 15 days. If it fails to reply within the time limit, it shall be deemed as agreeing to the change.
Chapter V Termination of Employment Contract
Article 26 The employment contract may be dissolved after both parties reach an agreement through consultation.
Twenty-seventh employees in any of the following circumstances, the employing unit may unilaterally terminate the employment contract at any time:
(a) does not meet the requirements of this post during the probation period and does not agree to adjust his post;
(two) continuous absenteeism for more than 10 working days or cumulative absenteeism for more than 20 working days in one year;
(three) without the consent of the employing unit, go abroad without authorization or go abroad after the time limit;
(four) in violation of work regulations or operating rules, accidents, or dereliction of duty, resulting in serious consequences;
(five) seriously disrupting the work order, so that the work of the employing unit and other units can not be carried out normally;
(6) Being sentenced to fixed-term imprisonment or above, being put in prison for execution, or being reeducated through labor;
(seven) other circumstances stipulated by national laws and regulations.
Twenty-eighth employees have one of the following circumstances, the employing unit may unilaterally terminate the employment contract, but it shall notify the employees to be dismissed in writing 30 days in advance:
(a) the employee is sick or injured outside the work, and cannot engage in the original work or other work arranged by the employing unit after the medical treatment expires;
(2) The employed personnel fail to pass the annual assessment or the employment period assessment, and they do not agree with the employing unit to adjust their posts, or they still fail to pass the assessment after taking a new post;
(3) The objective circumstances on which the employment contract was concluded have changed greatly, which makes the contract impossible to be performed, and the parties concerned cannot reach an agreement on changing the employment contract through consultation, or the employees do not obey other arrangements.
If the employment contract is terminated due to the above situation, the employing unit shall provide the person to be dismissed with a self-employment period of not less than 6 months, and the treatment during the self-employment period shall not be lower than the minimum wage standard of this Municipality. If the employer fails to find employment after the expiration of the self-employment period, the employer shall go through the formalities for transferring the social insurance relationship in accordance with the relevant provisions of this Municipality on social insurance.
Article 29 If the employed personnel fail to pass the examination, the employing unit may adjust their posts, or arrange for them to leave their posts and receive necessary training before adjusting their posts. After the post changes, the post salary of the employee shall be changed, and the employment contract shall be changed accordingly. If the employee disagrees with the change without justifiable reasons, the employing unit has the right to unilaterally terminate the employment contract.
Thirtieth employees in any of the following circumstances, the employing unit shall not unilaterally terminate the employment contract according to the provisions of Article 28:
(1) The employee is sick or injured within the prescribed medical treatment period;
(two) female workers during pregnancy, childbirth and lactation;
(three) work-related injuries, after the end of treatment, the labor ability appraisal institutions identified as 1 to 4 levels of disability;
(4) Suffering from occupational diseases and serious diseases or mental illnesses that are difficult to cure under the existing medical conditions;
(five) the age of the employed personnel is less than 10 years from the retirement age stipulated by the state;
(six) other circumstances stipulated by the state that the employment contract may not be dissolved.
Article 31 Under any of the following circumstances, the employed person may unilaterally terminate the employment contract at any time:
(1) During the probation period (except for the period of service agreed by both parties as stipulated by the state);
(2) The employing unit fails to perform the employment contract;
(three) admitted to ordinary colleges and universities;
(4) Being employed or transferred to work in a state organ;
(5) performing military service according to law.
Thirty-second, except for the circumstances stipulated in Article 31 of these Measures, the employee who proposes to terminate the employment contract shall notify the employing unit in writing 30 days in advance. Failing to reach an agreement with the employing unit, the employed personnel shall adhere to their normal work and continue to perform the employment contract; After 6 months, if the employer fails to reach an agreement through consultation, the employment contract can be unilaterally terminated.
Thirty-third employees who use or allow others to use the intellectual property rights and technical secrets of the original employing unit in violation of regulations after the termination of the employment contract shall bear legal responsibilities according to law. The dismissal or job transfer of employees involved in state secret posts shall comply with the relevant state regulations on the management of state secret personnel.
Chapter VI Termination and Renewal of Employment Contract
Thirty-fourth meet one of the following conditions, the employment contract shall be terminated:
(1) The term of the employment contract expires;
(two) the termination conditions stipulated in the employment contract appear;
(3) The employee has reached the statutory retirement age;
(4) The employee dies or is declared missing or dead by the people’s court;
(5) The employing unit is cancelled according to law.
Article 35 The employing unit shall, 30 days before the expiration of the employment contract, notify the employees in writing of its intention to terminate or renew the employment contract, and go through the formalities of terminating or renewing the employment contract through consultation.
Article 36 When the employing unit terminates the employment contract according to the provisions of Item (1), Item (2) and Item (5) of Article 34 of these Measures, it shall issue a written certificate of termination of the employment contract to the person who terminates the employment contract and go through the relevant formalities.
Article 37 After the employing unit and the employed personnel dissolve or terminate the employment contract, they shall go through the social insurance relationship transfer procedures for the personnel who dissolve or terminate the employment contract in accordance with the relevant provisions of this Municipality.
Article 38 Upon the expiration of the employment contract, if the post requires, I am willing and pass the examination, I can renew the employment contract.
Thirty-ninth employees who meet the conditions stipulated in Article 16 of these Measures when renewing their employment contracts, if I propose to renew the employment-to-retirement contracts, the employing units shall renew them with them.
Article 40 Where an employee suffers from occupational disease or work-related injury and is confirmed by a labor ability appraisal institution to have reached the disability level, and requests to renew the employment contract, the employing unit shall renew it.
Article 41 When the term of the employment contract expires during the prescribed medical treatment period or during pregnancy, childbirth and lactation of female workers, the employing unit shall extend the term of the employment contract until the expiration of the medical treatment period, pregnancy, childbirth and lactation period.
Forty-second the expiration of the employment contract, the employing unit fails to terminate or renew the employment contract in accordance with the provisions of Article 35 of these measures, and there is still a factual employment relationship with the employee, it shall renew the employment contract with the employee. If the two parties to the employment contract fail to reach an agreement on the term of the employment contract, the renewed employment contract shall not be less than one year from the date of signing.
Chapter VII Economic Compensation for Breach and Termination of Employment Contract
Article 43 Anyone who falls into any of the following circumstances shall be liable for breach of contract:
(a) any party violates the provisions of the employment contract;
(two) the employment contract has not expired and does not meet the conditions for dissolution, and the employment contract is unilaterally dissolved;
(3) An invalid or partially invalid employment contract is concluded due to the employer.
The amount of liquidated damages shall be agreed by both parties themselves in the employment contract. If there is no agreement in the employment contract, but computable economic losses are caused, the responsible person shall be liable for economic compensation according to the actual losses.
Forty-fourth employees who have been trained by the employing unit shall terminate the employment contract, and the compensation for training expenses shall be agreed in the employment contract.
During the probation period, the employee terminates the employment contract, and the employee who is trained by the unit shall bear the training penalty; If the employing unit terminates the contract, the employed personnel will not bear the training penalty.
Article 45 If the employment contract is terminated under any of the following circumstances, the employing unit shall pay a certain amount of economic compensation according to the number of years the employed person has worked in the unit:
(a) the employing unit proposes to terminate the employment contract, and the employed personnel agree to terminate it;
(two) in accordance with the provisions of article twenty-eighth of these measures, the employer unilaterally terminates the employment contract;
(3) The employee terminates the employment contract because the employing unit fails to perform the employment contract.
The economic compensation is based on the average monthly salary of the dismissed person for one month every year he works in the employing unit; The average monthly wage is more than 3 times higher than the average monthly wage of institutions in the city, which is calculated by 3 times. Where the employing unit is divided, merged or revoked, the personnel shall be properly placed; If the employee cannot be placed in the corresponding unit for employment and the employment contract is terminated, economic compensation shall be given in accordance with the above provisions.
Chapter VIII Post-employment Management
Forty-sixth employing units should strengthen the post-employment management and assessment of employed personnel in accordance with the employment contract. The assessment must adhere to the principle of objectivity and fairness, and implement the method of combining the leadership assessment with the mass appraisal, and unifying the assessment performance and assessment attitude. The assessment content should be consistent with the actual needs of the post. The assessment results are divided into four grades: excellent, qualified, basically qualified and unqualified. On the basis of the comments of the masses and the opinions of the leaders of the employed personnel, the employment organization puts forward the opinions of the assessment grades, and reports them to the responsible personnel of the employing unit for collective decision.
Article 47 The employing unit shall take the assessment results of the employed personnel as the basis for reappointment, dismissal, post adjustment, post promotion and demotion, salary and rewards and punishments.
Article 48 In case of any dispute between the employed staff and the employing unit over open recruitment, employment procedures, employment contract term, periodic or employment term assessment, dismissal and resignation, and placement without employment, it shall be settled through consultation. If the negotiation fails, the parties may apply to the superior administrative department for mediation and handling or to the personnel dispute arbitration committee for arbitration, and the arbitration result shall be binding on both parties to the dispute.
Chapter IX Organization and Supervision
Article 49 The municipal, district and county personnel bureaus are the management departments of the trial employment contract system in public institutions, which are responsible for guiding, coordinating and supervising the trial employment contract system in public institutions in the whole city, districts and counties, respectively, and have the right to correct the acts that violate the relevant national personnel regulations and policies, and put forward opinions on those responsible, and handle them according to the management authority. Personnel departments at all levels should strengthen guidance, coordination, supervision and inspection and give full play to the role of relevant functional departments.
Fiftieth administrative departments are responsible for organizing, guiding, supervising and inspecting the implementation of these measures by institutions in this system, and formulating detailed rules for implementation in combination with the actual situation of this system, and reporting them to the Municipal Personnel Bureau for the record.
Chapter X Supplementary Provisions
Fifty-first problems in the implementation of these measures shall be solved by the Municipal Personnel Bureau.
Article 52 These Measures shall come into force as of December 1, 2002.