On November 6, 2023, the Ministry of Human Resources and Social Security issued a decision to repeal the "Interim Provisions on the Punishment of Staff of Public Institutions" (hereinafter referred to as the "Interim Provisions"), and at the same time issued a new "Provisions on the Punishment of Staff of Public Institutions" (hereinafter referred to as the "Punishment Regulations") with the **Organization DepartmentWhat are the changes in the new Punishment Provisions?The Vernacular Labor Law interprets the new changes in the Punishment Provisions for you.
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Why should the "Punishment Provisions" be formulated?
Ten years have passed since the promulgation and implementation of the Interim Provisions in 2012, and with the gradual deepening of the reform of the personnel system of public institutions, great changes have taken place in the punishment of staff members of public institutions. On the one hand, since the 18th National Congress of the Communist Party of China, the general secretary has made a series of important expositions on the comprehensive and strict management of the party and cadres. On the other hand, the work of punishing the staff of public institutions is faced with new situations, such as the major adjustment of the national population and family planning policy, and the violation of the regulations and the exceedance of family planning are still listed as punishment circumstances, and so on, and it is necessary to make corresponding adjustments to the original policy, so it is necessary to formulate "punishment regulations" to adapt to the new situation and solve new problems.
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What are the changes in the Punishment Provisions?
Comparing the two systems before and after the Interim Provisions and the Punishment Provisions, the following major changes can be found:
The first is the lifting of the restriction sanction. The original Interim Provisions were divided into seven chapters, but the Sanctions Provisions deleted the special chapter on the lifting of sanctions and retained only six chapters. For the circumstances of lifting sanctions, only the circumstances of repentance and reformation during the period of receiving the sanction and no further violations of rules and discipline or law are retained, and the circumstances in which the punishment may be lifted in advance for major meritorious service during the period of punishment are deleted. In the event of a major change in the termination procedure, the "Punishment Provisions" will automatically lift the punishment after the expiration of the punishment period, and will no longer be approved by the original punishment unit, and there will be no early dismissal, and all procedures for early termination will no longer apply.
The second is to highlight the rules of public institutions. The "Punishment Regulations" have raised the personnel management of public institutions to a new height, and the purpose of formulating the provisions in Article 1 clearly emphasizes the strict discipline and rules of public institutions and the standardization of the behavior of the staff of public institutions. The "Interim Provisions" only express "violations of discipline and law", but 32 new expressions of "violations" have been added to the "Punishment Provisions", emphasizing "violations of rules and disciplines and laws", reflecting that the rules of personnel management of public institutions are given top priority.
The third is the modification of the basis for sanctions. The "Regulations on the Punishment of Civil Servants of Administrative Organs" shall apply to the personnel participating in the public administration in the "Interim Provisions", and the "Administrative Supervision Law of the People's Republic of China" shall apply to the personnel participating in the public administration. However, with the promulgation of the Supervision Law in 2018, public employees exercising state public power are supervised, and personnel engaged in public affairs in organizations authorized by laws and regulations or entrusted by state organs to manage public affairs in accordance with law, as well as personnel engaged in management in public education, scientific research, culture, medical and health, sports and other units, are included in the scope of application of the Supervision Law. The "Law on Governmental Sanctions for Public Employees" shall apply to the personnel engaged in management of public institutions, and the "Regulations on the Personnel Management of Public Institutions" shall apply to those not engaged in management.
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Types and application of sanctions
The six types of sanctions provided for in the "Governmental Sanctions Law" are applicable to the personnel engaged in management of public institutions, including warnings, demerits, major demerits, demotion, dismissal, and dismissal. The four types of sanctions provided for in the "Sanctions Provisions" apply to the sanctions of other staff members of public institutions, including warnings, demerits, demotion to the post level, and dismissal.
For example, Article 16 of the "Punishment Provisions" adds the punishment of dismissal for opposition to the Constitution, opposition to the leadership of the Communist Party of China, opposition to the party's line, principles, policies and major deployment plans, and opposition to the socialist system. Where public order and good customs are violated, domestic violence is committed, or personal privacy is leaked, sanctions ranging from warnings to expulsion are to be given depending on the severity of the circumstances. The punishment for the staff of public institutions who commit crimes is more severe. According to the Interim Provisions, only those who are sentenced to fixed-term imprisonment or higher will be dismissed, but in the Interim Provisions, even if they are sentenced to controlled release, they will be dismissed.
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What are the consequences of the sanction
When the staff of a public institution is punished, the work evaluation, work rank, and salary may be affected to varying degrees. Where staff members of public institutions receive warnings, the annual evaluation of the year in which the sanction decision is made cannot be determined to be excellent;In the year in which they received a demerit sanction, in the year in which they received a demotion in their post level, and in the second year, they participated in the annual assessment, and only wrote comments, and were not sure of the grade.
Where staff of public institutions receive a sanction of downgrading their posts, they are to be demoted or reduced in salary from the date on which the sanction decision takes effect;Where staff members of public institutions serving in both managerial and professional and technical positions violate rules and discipline or law, when giving the sanction of reducing the level of the post, the level of the two types of posts shall be reduced at the same time, and the priority of the reduction of the post category is to be determined on the basis of the relevance of the circumstances of the violation, discipline and law to the nature of the post.
Where the staff of public institutions receive a sanction of demerit or above, they must not participate in the evaluation of professional and technical titles or the determination of the professional skill level of skilled personnel during the period of the sanction.