深圳市事业单位职员管理办法(试行) Order of the Shenzhen Municipal People’s Government

period；

　　（2） being admitted to a college or university as a full-time student；

　　（3） enlisting for military service according to law；

　　（4） the relate departments of the state， province or municipality has confirmed that the safety and health conditions of the work unit are in a wretched state which are severely harmful to the health of staff members；

　　（5） an institution has failed to perform the employment contract or encroach upon the legal rights of staff members in violation of the related rules of the state.

　　If a staff member unilaterally terminates an employment contract， the employing

　　institution shall be noticed in writing 30 days ahead of the date of termination.

　　Article 19 If there is one of the following situations， a staff member shall not unilaterally terminate a contract：

　　（1） being a chief responsible person or a core member of a professional team of a key project of engineering and scientific research of the state， province and municipality who has not completed the undertaken tasks or has not found a substitute；

　　（2） undertaking the tasks of top secrecy and secrecy or being still within the prescribed time limit for keeping secret what had been done as top secrecy and secrecy in the past；

　　（3） having a dispute with an institution on the ownership of a intellectual right or a scientific research achievement；

　　（4） other situations stipulated by the laws， regulations and rules.

　　If a staff member has unilaterally terminated an employment contract in violation

　　of the rules in the above section， the staff member shall be held liable for breaking the contract； if there is damage to the institution， the staff member shall be held liable for compensation.

　　Article 20 If there is one of the following situations， an institution may unilaterally terminate an employment contract：

　　（1） being found unqualified for engagement during the probation period or graded as unqualified in an assessment after the probation period；

　　（2） having been absent from work without reason for more than 10 consecutive days or for

more than 20 accumulative days in 1 year；

　　（3） having failed to return for more than 1 month after the time limit to be approved by the institution to leave the position for study at one‘s own expense；

　　（4） causing a responsibility accident by violating discipline or operation rules， or causing serious consequences by neglecting duties， malfeasance， practicing favoritism and engaging irregularities；

　　（5） seriously disturbing the work order so that the institution cannot keep normal work and production；

　　（6） being passed on a sentence heavier than penal servitude or rehabilitated through labor；

　　（7） being unable to do the original work after the end of the prescribed period of medical treatment for the disease or not-work-related injury and refusing to accept a rearrangement；

　　（8） there has been a change in the authorized size of the institution or a major change in the other objective circumstances which are the basis of signing of the employment contract so that it is impossible to execute the contract any more；

　　（9） the time to wait for engagement after dismissal exceeds 1 year and there is still a difficulty to be engaged for other positions；

　　（10） other situations in which an employment contract may be unilaterally terminated according to laws， regulations， rules and the agreement in the contract.

　　If an institution terminates an employment contract because of the situations

　　referred to in Items （7） ， （8） ， （9） of the above section， a written notice shall be given to the concerned staff member 30 days in advance.

　　Article 21 If a staff member is in one of the following situations， an institution shall not terminate an employment except when Items from （1） to （6） of Article 20 apply：

　　（1） there is less than 5 years left to reach the legal age of retirement；

　　（2） within the period of medical treatment after being sick or injured；

　　（3） a female employee has been within the periods of pregnancy， puerperium， and breast-feeding；

　　（4） suffering from an occupational disease or work-related injury and being identified as a disabled of the fifth to tenth class by an institution to grade the ability to work；

　　（5） being under investigation by a judicial department or a department of disciplinary inspection and supervision and having no conclusion be made yet；

　　（6） other situations stipulated by laws， regulations and rules.

　　If a staff member is in the situation referred to in Item （4） of the above section， the

　　employment contract may be terminated after consulting and reaching an agreement with the institution.

　　Article 22 When a staff member‘s employment contract is terminated， the agreement of this member’s appointment to a position shall be terminated at the same time.

　　If a staff member and an institution terminate the employment contract after reaching an agreement through consultation or because of the situations referred to in Items from （7） to （9） of the first section of Article 20， the institution shall give economic compensation. The economic compensation may be paid according to the years of service in this institution， one-month wage to be paid as economic compensation for 1 year of service， if the length of service is less than 1 year， it shall be calculated] as 1 year.

　　The monthly wage referred to in the above section shall be the average monthly wage of the 12 months before the termination of the contract； if the period of employment is less than 12 months， the average monthly wage shall be that of the months of the actual employment.

　　Chapter IV Appointment

　　Article 23 The positions of staff members shall be arranged through an appointment system which defines the rights and obligations such as the authority to execute duties， requirements to discharge duties and remuneration， etc. by signing an agreeme

nt on appointment to a position.

　　Article 24 When appointing a staff member to a position， an institution may do so through an internal competition among staff members or consultation. In case of invitation for applications to engage a staff member， an agreement on appointment to a position shall be signed at the same time.

　　Appointment to a leadership position of an institution shall be arranged and carried out by the related department according to the authority of appointment and dismissal of leading cadres， it may be done thorough open promotion， engagement by selection， internal competition， or democratic recommendation. If an appointee is selected as a legal representative， the appointing office and the appointee shall sign an agreement on appointment to a position； if an appointee is selected for other leadership positions， the legal representative of the institution and the appointee shall sign an agreement on appointment to a position.

　　Appointing a staff member to a position shall be done in a challenge system according to the related rules.

　　Article 25 The legal representative of an institution under the administrative council （board of directors） system or the person holding a position under the election system according to law shall come out and be appointed according to the regulations and the related laws.

　　Article 26 An institution shall have an agreement with a staff member on an appointment term of a position， but the maximum of an appointment term shall not exceed the engagement term.

　　If a staff member‘s engagement term is extended after expiration， the appointment to the original position may be renewed or an appointment to other appropriate positions shall be made.

　　Article 27 Within the appointment term of a position， an institution may make a reappointment to another position after reaching an agreement through consultation with the staff member； if a staff member is in one of the following situations， an institution shall reappoint this person to another position：

　　（1） withdraw from a position is necessary according to the challenge system；

　　（2） being unable to do the original work after the end of the prescribed period of medical treatment for the disease or not-work-related injuries；

　　（3） no longer suitable for being appointed to the original position after having been imposed on a sanction of dismissal， demotion to a lower class of positions， or other sanctions；

　　（4） no longer suitable for continuing to work at a position because of an error in work；

　　（5） it is according to the agreement on appointment to a position that a reappointment should be made.

　　If a staff member is in the situation referred to in Item （3） of the above section， a

　　reappointment to a lower class of positions shall be made； as for other situations， a reappointment to a lower class of positions may also be made according to the agreement on appointment to a position.

　　Article 28 If a staff member is in one of the following situations， an appointment to a higher class of positions shall not be allowed：

　　（1） being under investigation for which a judicial department or a department of disciplinary inspection and supervision has placed a case on file；

　　（2） a disciplinary sanction has not been lifted；

　　（3） having failed to achieve the goals within an appointment term；

　　（4） unsuitable for being appointed to a higher class of positions according to the rules of the state， province and municipality.

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