No way? So is it really possible for a civil servant to be dismissed?

Mondo Social Updated on 2024-02-03

Anyway, have you heard the news of civil servants being dismissed, this "iron rice bowl" that was finally admitted can't be dropped! Come! Today, I will review the content of the "Civil Servants Law of the People's Republic of China" on the dismissal of civil servants!! Work hard, serve the people well, and at the same time firmly grasp our jobs

Under what circumstances can a civil servant be dismissed? Regarding dismissal, the Civil Servants Law of the People's Republic of China has clear provisions, and from the perspective of the law, there are five defining conditions. The law is difficult to understand, but the case is simple, and the small chalk explains to you one by one: (1) In the annual evaluation, it has been determined that it is incompetent for two consecutive years; Civil servants are evaluated in four grades: excellent, competent, basically competent, and incompetent, and if they are assessed as incompetent in the evaluation for two consecutive years, they are at risk of being dismissed. If civil servant Xiao Wang is rated as incompetent in the 2023 annual appraisal and is still assessed as incompetent in the 2024 annual appraisal, then Xiao Wang will be judged to be incompetent for the job and will likely be dismissed in early 2025. (2) They are incompetent for their current job and do not accept other arrangements; If a civil servant is not qualified for his current job, the leader will often make a transfer arrangement according to his work ability and professional expertise, but if he is not qualified for this job and does not obey the organizational arrangement, he will also be dismissed. For example, the civil servant Xiao Wang is a comprehensive post in the unit, but his writing ability is poor, not competent for the work of writing official documents, and the annual assessment is identified as incompetent, at this time the leader found that Xiao Wang's communication and planning skills are very strong, and he wants to let him undertake the external propaganda work, at this time Xiao Wang clearly refused, refused to transfer, which appeared that Xiao Wang was not competent for his own work, and did not accept other arrangements, and there was a risk of dismissal.

3) Where the organ to which they belong needs to adjust the work due to the adjustment, abolition, merger, or reduction of the staff, and they refuse to make reasonable arrangements; Organizational reform will involve the adjustment, abolition, merger, etc. of many units, and personnel will also need to be adjusted according to the unit, and if they refuse to accept the new arrangement, they may also be dismissed. For example, Xiao Wang, a civil servant, was originally responsible for cashier work in the office of the Local Taxation Bureau, and the state issued a document requiring the State Taxation Bureau and the Local Taxation Bureau to merge, and after the merger, Xiao Wang was adjusted to work at the tax window, and Xiao Wang was able to do this job, and the original treatment did not change greatly, but Xiao Wang refused to accept such an arrangement, and this situation may be dismissed. (4) Failure to perform civil servant obligations, failure to abide by laws and civil servant discipline, and no change after education, making them unfit to continue working in an organ, and not appropriate to give a sanction of dismissal; This article is easy to understand, in fact, it is unruly, but if it does not reach the severity of giving the punishment of expulsion, it will be dismissed. For example, when civil servant Xiao Wang applied for the civil service examination, he already clearly knew that the position he applied for had a five-year service period, that is, he could not resign or transfer within five years. However, if you still want to resign and find another job after two years of employment, this situation is unruly, but it does not reach the severity of the dismissal sanction, and some employers will often give dismissal after the persuasion is ineffective. (5) Absenteeism from work, going out on business, or failing to return after the expiration of leave without a legitimate reason for more than 15 consecutive days, or a total of more than 30 days in a year. In this case, if you do not come to work without reason, you may be dismissed. For example, if the civil servant Xiao Wang goes out on business, the tolerance time is 15 days, and after 15 days, Xiao Wang does not return to work as scheduled, and Xiao Wang does not come to work after 15 days without explaining the reason and asking for leave, he may be dismissed. Another example is that civil servant Xiao Li has a loose personality and a poor sense of responsibility, and he does not come to work for three days, according to the attendance record, the time of not going to work without reason in a year has reached 32 days, and he may also be dismissed.

What are the adverse consequences of being fired? In fact, the dismissal of civil servants does not necessarily violate the national legal system, so they do not need to bear any other legal responsibilities, and the most important thing is that it will definitely have a certain impact on the parties to be admitted to civil servants in the future. This is because the "Approval Form for Dismissal of Civil Servants" and the dismissal decision will be stored in my file. The recruitment announcements for civil servants in most regions require that civil servants who have been dismissed for less than 5 years and staff of administrative organs (units) with reference to the Civil Servants Law are not allowed to apply for the examination. What is the difference between dismissal and resignation and expulsion? 1.The actors of the three are different. The subject of resignation can only be an individual civil servant, and the subject of dismissal and dismissal can only be the employer. 2.The nature of the three is different. Resignation and dismissal are both neutral behaviors, resignation is "I" think that the unit is not suitable and "I" take the initiative to leave, and dismissal is the employer feels that "I" am not competent to let me leave, so resignation and dismissal is a two-way process of selection and elimination, and there is no meaning of punishment. Dismissal is the highest sanction among the administrative sanctions stipulated in the Civil Servants Law, and it has obvious punitive implications. 3.The consequences of the three are different. Civil servants who have been dismissed are generally required to bear the corresponding legal responsibilities at the same time and cannot become civil servants again for life. Civil servants who are dismissed do not have such serious consequences, and are generally banned from taking the examination for 3-5 years according to the different requirements of the civil service recruitment examination. Civil servants who resign are often not subject to any restrictions, and can apply for the civil service again as long as their age, educational background and other job conditions are met.

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