Military release!Regulations for employment management of civilian staff

Since the military has publicly recruited cultural personnel in 2018, the cultural system has been continuously improved.

Below, I have compiled the "Interim Provisions on the Management of Contracts for Army Cultural Persons' employment". This article is from the PLA newspaper and reprinted in the PLA newspaper to explain one of the important systems for the reform of the military's civil and vocational policy system.

Interim Regulations on the Management of Employment Contracts for Army Cultural Statistics

Chapter 1 General Principles

Article 1 In order to regulate the management of the military and civilian personnel in the army, to ensure the legitimate rights and interests of employers and civilian staff, these regulations are formulated in accordance with the relevant laws and regulations such as the "Regulations on Culture and Vocational Personnel of the People's Liberation Army".

Article 2 The employer shall be entered into, fulfilling, changing, lifting, or termination of the employment contracts with the employment system. These regulations shall be applied.

The employers referred to in these regulations refer to the establishment of a military regiment level or above in the military team level or above the social credit code.

Article 3 The establishment of an employment contract shall follow the principles of legal, fairness, equality, voluntary voluntary, negotiating, and honesty.

Article 4 The Political Work Department of the Military Commission is responsible for the management of contract management of civilian staff, and the political work department at or above the regiment level is responsible for the management of contract management of civilian staff in the unit.

Chapter 2 Establishment of the Employment of the Contract

Article 5 For cultural personnel who implement the employment system, within 30 days from the date of the army approved by the army, the employer shall establish a written employment contract with it.

The employment contract shall be negotiated by the employer and the civilian staff, and the signing and stamp of the employment of the employer and the civilian staff will be effective.

Cultural personnel employment of the contract text style is formulated by the Political Work Department of the Military Commission, and amendments are made in a timely manner as needed. There are 3 in the employment contract text, which are held by the employers and civilian staff, respectively, and one of the political work departments of the exempt unit is archived.

Article 6 Before the employer and civilian staff are entered into an employment contract, they shall inform the post of responsibilities, disciplinary requirements, working conditions, treatment guarantee, and other situations requested by civilian personnel on the premise of complying with the provisions of the army's confidentiality. To understand the basic situation of the direct -related related to the establishment of the employment contract, the civilian staff should truthfully explain.

Article 7 The employment contract shall have the following content:

(1) Basic information of employers;

(2) Basic information of civilian personnel;

(3) The term of the employment contract;

(4) The employment position and their responsibilities requirements;

(5) Job discipline and job work conditions;

(6) Wages and welfare, social insurance, housing security and other benefits;

(7) Change, renewing, lifting, termination of the hiring contract;

(8) Responsibility and disputes that violate the employment contract;

(9) Laws and regulations should be included in other matters of the employment contract.

Except for the necessary terms stipulated in the preceding paragraph, employers and civilian staff may stipulate professional technical training and intellectual property protection in the employment contract.

Article 8 The term of the hire contract is generally 3 to 5 years. Puts with strong liquidity and low professional technology and skills levels have a low requirements for employment contracts for 1 to 3 years. Cultural personnel who recruited from the fresh graduates of colleges and universities are 5 years in the employment contract for the first time.

The employment contract with a period of completing a certain work task can determine the term of the hire contract according to the task needs.

Cultural staff who have worked in the army for 25 years, or have been working continuously in the employer for 10 years, and the retirement age of less than 10 years from the national and military regulations, and propose to establish an employment contract for employment to retirement. Retired employment contract.

Article 9 If the employment contract is established for the first time, the trial period may be agreed that the probation period generally does not exceed 6 months. Among them, if the term of the employment contract is more than 1 year or less, the probation period is generally 2 months; the term of the employment contract is 3 to 5 years, and the probation period is generally 6 months. Cultural personnel who have established a contract with a certain task as a period of work, and civilian staff who transferred to the active soldiers did not implement the trial period. The high -level and special professional cultural personnel who are directly introduced can shorten the trial period or not implement the probation period as required.

For cultural personnel who implement the trial period, if the sick leave and leave of the disease and leave are more than 40 working days, the female cultural personnel who are not on the job during pregnancy, maternity leave, and breastfeeding will be postponed to make up for their working days when they are not on their jobs. Among them, if the probation period is delayed due to illness and leave, the extension time must not exceed 6 months.

The trial period is included in the term and work of the employment contract.

Article 10 If there is one of the following circumstances, the employment contract is invalid or partially invalid:

(1) Destroy the interests of the country or the army;

(2) For fraud, coercion, or the crisis of people, the other party enables the other party to order or change the employment contract without the real meaning;

(3) The employer exempts its legal responsibilities and eliminates the rights of civilian personnel;

(4) For the compulsory regulations of laws and regulations.

If the invalid or partial invalidation of the hiring contract is confirmed by the Personnel Dispute Arbitration Commission or the People's Court.

The hiring contract part is invalid and does not affect other parts, and other parts are still valid.

Article 11 Before 60 days of the employment contract period, if the employer intends to renew the contract with the employer to renew the contract with the employment of the appraisal results, the person who shall solicit their opinions in writing. The employer shall continue to apply for a contract with them before the expiry of the contract. Renewal of the renewal contract shall be written in writing, and the employer and civilian staff shall sign the renewal of the employment contract. There are three re -booking books for the employment contract, and one shall be held by the employers and civilian staff, respectively, and one of the political work departments of the exemption unit will be archived.

Article 12 If a civilian personnel communicate with people across the use of people, the employment contract shall be reorganized.

Chapter 3 Performance and Change of the Employment Contract

Article 13 Any employment contract is immediately legal, and employers and civilian staff shall fully fulfill their obligations.

Article 14 Employers such as changing their names, principals or entrusted agents, etc., will not affect the performance of the employment contract.

Due to the preparation and adjustment of the military system, the consolidation or separation of the employer will continue to be effective. The employment contract continues to be effective. The employment of the employment contract is continued to perform by the employer that inheritance of its rights and obligations.

Article 15 The employer shall be negotiated with cultural personnel and may change the content stipulated in the hire contract.

Article 16 If there is one of the following circumstances, the employment contract shall be changed:

(1) The laws and regulations and policies and systems based on the establishment of an employment contract have been revised or abolished, or other objective conditions have changed significantly, so that the employment contract cannot be fully performed;

(2) The job professional series, professional and technical positions, and their responsibilities requirements of civilian staff changes within the scope of the employer;

(3) Other circumstances stipulated in laws and regulations.

Article 17 The change of the employment contract shall be written in writing, and the employer and cultural personnel shall sign a letter of changes to the employment contract.

There are 3 forms of the employment contract change, and one shall be held by the employer and the civilian staff, respectively, and one of the political work departments of the exempting unit will be archived.

Chapter 4 Lift and Termination of the Employment Contract

Article 18 The employer shall be consistent with the negotiation of cultural personnel and may terminate the employment contract.

Article 19 If there is one of the following circumstances, the employer may notify the civilian personnel in writing on the 30th in advance, and the employment contract may be terminated:

(1) Cultural personnel who are ill or or due to public injuries cannot be engaged in the original work after the prescribed medical period expires;

(2) The employer's shift or preparation is streamlined, revoked, etc., so that the employment contract cannot continue to be fulfilled;

(3) In the case of the provisions of Article 16 (1) of these regulations, if the person unit negotiates with cultural personnel, it fails to reach an agreement on the change of the hire contract;

(4) The employer agreed in the employment contract may terminate the hired contract.

Article 20 If there is one of the following circumstances, the employer may terminate the employment contract:

(1) If the trial period is proven to not meet the hired conditions;

(2) The two annual assessments during the employment period are not competent, or the appraisal period is not qualified;

(3) Those who seriously violate military discipline or regulations for employers;

(4) Direct malfeasance of duty, which causes major damage to employers;

(5) For absenteeism or due to publicly, no reasons for vacation have been overdue for more than 15 consecutive days, or more than 30 days within 1 year;

(6) Establishing labor relationship with other units without approval and refusal to correct;

(7) If the responsibilities of civilian staff are invalidated;

(8) Criminal responsibility for being investigated in accordance with the law;

(9) Other circumstances stipulated in laws and regulations.

Article 21 If a civilian personnel have one of the following circumstances, the employer shall not terminate the employment contract, but those who have proposed to terminate the employment contract with the employer shall be proposed, except for the situation stipulated in Article 20 of these regulations:

(1) Prevalent disease;

(2) Due to public injuries, the laborer appraisal agency is identified as a level to level 4 disability after the treatment of the treatment;

(3) Disease or injury, during the prescribed medical period;

(4) Women's cultural personnel during pregnancy, delivery, and breastfeeding;

(5) Other circumstances stipulated in laws and regulations.

Article 22 If there is one of the following situations, the cultural staff can terminate the employment contract after informing the employer in writing:

(1) During the probation period;

(2) The employer has not provided the necessary working conditions to civilian staff in accordance with the provisions of the employment contract, or did not pay wages in time in time, or did not pay social insurance premiums in accordance with the law, pay the housing provident fund and other active rights and interests;

(3) If the employer's responsibility causes invalid the employment contract;

(4) Cultural personnel agreed in the hiring contract may terminate the hired contract.

Article 23 For one of the following situations, cultural staff shall not terminate the hire contract:

(1) When the state issued a mobilization order or announced that it entered the state of war;

(2) When the troops receive combat tasks or suddenly attacked by the enemy;

(3) Participate in military training, non -war military operations or undertaking combat support security tasks;

(4) It is undertaking major national and military tasks, and it must be continued by myself;

(5) The judicial procedure is not ended by auditing, disciplinary review, or suspected crimes;

(6) Other circumstances stipulated in laws and regulations or other cases stipulated in the contract. Article 24 If a cultural personnel have one of the following circumstances, the employment contract will be terminated:

(1) The employment contract is expired and has not been renewed;

(2) Eclectic service according to law;

(3) The job of the post of civilian personnel who implements the appointment system;

(4) The retirement procedures shall go through the national and military regulations;

(5) Death, or the death of death or being declared by the people's court;

(6) Other circumstances stipulated in laws and regulations.

Article 25: If the contract period is expired and no longer renews, there are one of the 21st (3), (4) item (4), and one of the cases of the provisions of these provisions. The continued extension to the corresponding situation disappears.

For cultural personnel who continue to extend the contract, the employer will issue a notice of continuing contract for employment contracts. The notice of the employment contract continued to be re -notified, each of which was held one of each of the employers and civilian staff, and one of the political work departments of the exemption unit was archived.

Article 26 After the liberalization of civilian personnel involved in confidential positions shall strictly implement the regulations on the management of the state and the military's confidentiality personnel after the employment contract is terminated or terminated.

Article 27 The termination or termination of the hiring contract shall be approved in accordance with the exempt authority of civilian personnel in accordance with the "Regulations of the Chinese People's Liberation Army Cultural Statistics", and will be reported to the Political Work Department of the Military Commission step by step.

For cultural personnel who approve the withdrawal of the army, the employer shall issue a written certificate of the termination or termination of the employment contract, and handle the relevant procedures for transferring the relevant procedures for the transfer of files, social insurance, housing provident fund and other relations in accordance with regulations; And fulfill the relevant obligations stipulated in laws and regulations and the relevant obligations stipulated in the hire contract.

Article 28 The employer shall establish a file management file management file management file. The employer shall be properly preserved for the employment contract text that has been lifted or terminated.

Article 29 If there is one of the following circumstances, the employer shall pay economic compensation to cultural personnel:

(1) The employer shall propose to the liberalization of the employment contract and the negotiation of the employment contract in accordance with Article 18 of these regulations;

(2) The employer shall terminate the employment contract in accordance with Article 19 of these regulations;

(3) Cultural personnel who are terminated in accordance with Article 22 (2) and (3) of Article 22 (2) of these regulations;

(4) Except for the employer's requests in accordance with the original employment contract or the conditions of more conducive to the conditions of civilian personnel, if the civilian staff does not agree with the renewal, the employment contract is terminated at the expiration of the contract;

(5) The employment contract with a period of completing a certain task as a period is terminated due to the completion of the task;

(6) Economic compensation stipulated in the employment contract.

Article 30 The standard for economic compensation shall be determined in accordance with the period of the military work in the army, and pays 1 month every 1 year. For more than 1 year of work for less than 1 year, economic compensation pays 1 month's salary; if it is less than 6 months, the economic compensation of paying half a month of salary is paid.

The monthly salary referred to in these provisions refers to the average salary of civilian staff in the termination of the contract or termination of the 12 months before the termination of the contract, including basic salary, basic allowance subsidies and reward salary. If the civilian personnel work at the army for less than 12 months, the average salary is calculated based on the actual monthly number of monthly work.

Article 31 The employer shall pay the economic compensation when the cultural staff shall settle the handover procedures.

Chapter 5 Supervision and Inspection

Article 32 If the employer violates these regulations, the higher -level unit shall order correction within a time limit and shall be notified to criticize it as according to the situation.

Article 33 Article 33 The dispute between the employer and the civilian staff due to the performance of the employment contract shall be dealt with in accordance with the state's relevant provisions on personnel dispute handling; due to the disputes between the assessment, the appointment and removal of the position, the level of job level, and the level adjustment, according to the army related to the army related Purchase processing.

Chapter VI Ceremony Responsibility

Article 34 The employment contract is invalidated in accordance with Article 10 of these regulations and causes damage to the other party.

Article 35 If an employer has one of the following situations and causes damage to civilian staff, it shall bear the liability for compensation:

(1) The rules and regulations directly involved in the vital interests of cultural personnel violate the relevant laws and regulations of the state and the army;

(2) If the employment contract is not set up in time, or the text of the employment contract is not delivered to the personnel;

(3) Certificate of failing to issue or terminate the employment contract in violation of these regulations.

Article 36 Cultural personnel who violate these regulations to terminate the employment contract, or violate the professional technical training and intellectual property protection of the employment contract, which causes losses to the employer, shall be liable for compensation; responsibility.

Article 37 If the employer violates the provisions of these regulations with the provisions of the civilian personnel, and the agreed probation period has been fulfilled, the employer shall be based on the salary of the monthly monthly monthly monthly monthly salary of the personnel of the civilian personnel. Pay compensation to civilian staff.

The employer fails to pay the salary of civilian staff in time in accordance with the agreement or the military regulations of the employment contract, or fails to pay social insurance premiums in accordance with the law, pay the housing provident fund, or terminate or terminate the employment contract in accordance with these regulations to pay economic compensation to cultural compensation to cultural compensation. , Payment or payment or deposit shall be paid or deposited; if they are not paid or paid or pay within the time limit prescribed by the relevant military departments, they shall Pay compensation for the standards to civilian staff. If the employer violates the termination or terminate the employment contract in violation of these regulations, it shall pay the compensation of the civilian personnel 2 times in accordance with the two times the economic compensation standards stipulated in Article 30 of these regulations, and will no longer pay economic compensation. The calculation period of compensation is calculated from the date of approval by the army.

Chapter 7

Article 38 The management of civilian staff of the Chinese People's Armed Police Force shall be managed and implemented in accordance with these regulations.

Article 39 The provisions shall be implemented from January 1, 2019.

Source: PLA Daily

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