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深圳市人民政府令第137号

颁布日期:20041020  实施日期:20050101  颁布单位:深圳市人民政府

  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.

  October 20, 2004

  Measures of the Shenzhen Municipality on the Administration of

  the Staff Members of Institutions (for trial)

  Chapter I General Provisions

  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.

  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.

  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.

  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.

  Article 3 Institutions shall put in practice the management of division into categories and determination of classes.

  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.

  Article 4 A staff member shall enjoy the following rights:

  (1) to compete for a position which corresponds with his/her qualifications;

  (2) not to be laid off during the term of employment unless there is a legal cause or a contractual cause;

  (3) to have a preferential treatment to be engaged again for the same qualifications when the term of employment expires;

  (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;

  (5) to participate in the democratic management of the institution according to law;

  (6) to participate in educational and training programs;

  (7) to make an appeal and to apply for settlement of a personnel dispute;

  (8) other rights stipulated by laws and regulations.

  Article 5 A staff member shall perform the following obligations:

  (1) to abide by the constitution, laws and regulations;

  (2) to safeguard the national interests, to keep the state secrets and work secrets;

  (3) to execute duties in a position, complete working tasks, and pay attention to social benefits;

  (4) to abide by regulations and rules, to follow occupational ethics;

  (5) to accept education and training according to the rules;

  (6) other obligations stipulated by laws and regulations.

  Article 6 The municipal government‘s department in charge of personnel

  (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.

  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.

  Chapter II Positions

  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.

  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.

  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.

  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

  a responsible department of personnel for record, and make it public in the institution itself.

  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.

  Chapter III Engagement

  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.

  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.

  The specific measures on open examination and selection shall be worked out separately by the municipal department of personnel.

  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.

  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.

  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.

  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.

  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.

  The model copy of a staff employment contract shall be drawn up by the municipal department of personnel.

  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.

  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.

  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.

  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.

  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.

  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.

  Article 18 If there is one of the following situations, a staff member may unilaterally terminate an employment contract:

  (1) within the probation


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