Saturday, December 24, 2011

units cannot be couple "try try again"By the.   New staff

129668642219375000_38State Council Legislative Affairs Office yesterday on the institutions ' personnel management regulations (draft) (hereinafter referred to as "draft") for their comments.   Calls for new personnel in public institutions should be open recruitment, units also through competition, the unit entered into contracts with the staff is generally 3 to 5 years. In March this year, China's initiation of the overall reform in public institutions. The Bill, after the reformUnits apply to this regulation, excluding have been or are about to sequence of enterprises and bodies and institutions. Chief Consultant of the China labor law net Zuo Xiangqi believes that the Ordinance would fill a legislative gap personnel management in public institutions, equivalent to one staff "labor laws" of great significance. Open recruitment must not be discriminatory conditions established positions in public institutions are divided into management,Professional technical and service skills jobs, wages from jobs, pay, performance pay and allowance subsidy components. New officers needed open recruitment to the combination of examination and investigation approach, preferred to hire.   Examination content includes the necessary expertise, skills, ideological and political, ethical quality, professional quality and operational capacity. At the same time, institutions also through competitionAppointment for posts, realizing "can be" under good mechanism.   Individuals, can be taken, such as democracy, the recommended way, written examination, interview, the democratic evaluation and so on. Expert opinion: draft pointed out that the open recruitment must not set the discriminatory conditions. What is discriminatory? Zuo Xiangqi explained that the prejudice to the right to equal opportunities for job seekers, unfair, may be regarded as a form of discrimination. For example,HBV, race, sex, blood type, and what religious belief should not be included in the terms of employment. Qualifications, work experience, language skills are normal job requirements.   For the well-posedness of looks, height, in a number of Windows services, and film and television industry is allowed as a reference. Under the draft contract General 3-5, units cannot be couple "try try again"By the.   New staff: no more than 6 months of probation, employment may be extended to 12 months for the first time. Units and employees contracts concluded in General 3-5-year period. Liquid on personnel positions may make contract of 3 years; relative stability may be made at least 5 years contract. To complete certain tasks for the purpose, according to the task calendar. Worked continuously10, less than 10 years and retired workers from employment to retirement contract. Expert view: Zuo Xiangqi believes that up to 12 months of probation is a guarantee of couple, but did not rule out some work units arbitrarily extended to 6 months to 12 months, without explanation. "In fact, standard is lower than the labor law of probation. Labour Code, the probation periodHigh common low relay is 6 months. "Labour law also stipulates that after fixed-term contracts entered into two, the third should be created without a fixed-term contracts, commonly known as long term contracts.   From the draft, retired only continuously for 10 years and less than 10 employees, contracts have been signed to retire, the additional condition is much more demanding than labor law. Articles by successfully allowing separationThe draft provides for unilateral termination of 5 institutions, including job tasks cannot be completed within the trial period, or does not meet standards; the absence or expiry of the public to go out, leave those who do not go more than 15 consecutive working days, or within 1 year more than 30 working days; at the same time with other units to establish personnel or labor relations and refused to correct; serious dereliction of their own unitsCause substantial harm; unlawful, damage the unit or the public interest.   The Bill provides, inter alia, who admitted to universities or research institutes full-time learning swtor power leveling, recruitment, transfer or appointment to the State organs, according to the military service of the employee, after notice in writing terminate the contract. In addition to the above situations, the trade unions made dismissing the units not consensus, may 6A month later again, still unable to agree, then fired on their own. Expert view: Zuo Xiangqi introduced, workers in the labour code has "the right to unilaterally terminate the contract", that is, 30 days advance notice to rescind the contract. But the draft does not have this right, except on articles by successful people opened the "green light". Those who insist on staff and workers to leave the flat, on the General will have to wait 6A month.   Unspecified types of social insurance institutions employ the terms of the contract made with the trade unions, should include contract; a place name, category, level, type of work tasks; working hours, rest and holidays; wages and benefits and social security, and more. Reporters noted that "social insurance" has not clarified several dangerous, which is dangerous. But expressly, failure toPayment of social insurance premiums, employee may rescind the contract. Expert view: "social security is very ambiguous, inevitably arise during implementation issues, trade union rights have no concrete basis, hope local rules give clear. "Zuo Xiangqi said, unemployment the old republic power leveling, medical and industrial injury insurance are on States must demand, easily drill vulnerability is old-age insurance, because it now in your careerNot compulsory insurance.   Feedback before December 30, 2011, comments can be accomplished in three ways: (I) log on Beijing's legal information network (http://www.chinalaw.gov.CN). (B) by letter will be sent to: Beijing 20Box 67, and indicate the "regulations on personnel management in public institutions for comments". (C) advice is sent by e-mail to: sydw@chinalaw.gov.CN "sydw@chinalaw.gov.CN. (Reported by reporter Wang Dan) transferred from Beijing daily

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