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

　　Article 29 A staff member who is in one of the following situations shall be

　　discharged from a position to wait for an appointment：

　　（1） the institution has approved that this person leave the position for more than 1 year to study at the person‘s own expense；

　　（2） continuing to work at the position is no longer appropriate because of

an error in work and there is a temporary difficulty to make a reappointment to an appropriate position；

　　（3） other situations stipulated by the municipal government.

　　An institution shall reappoint to an appropriate position the person referred to in

　　Item （1） of the above section as one discharged to wait for an appointment after this person has finished study； as for the person referred to in Item （2） of the above section， an arrangement may be made for taking other temporary work.

　　If a staff member within the period of having been discharged to wait for an appointment terminates the employment contract for reasons such as the expiration of the contract， etc.， the status of having been discharged to wait for an appointment shall be ended.

　　Article 30 When a staff member‘s position changes or an appointment expires， auditing shall be done if the staff member has had the independent economic responsibility in this position.

　　Chapter V Pay and Welfare Benefits

　　Article 31 On the principle of giving priority to efficiency and giving consideration to justice at the same time， an institution shall establish a pay distribution system of staff members mainly on the basis of position pay and in combination of the distribution according to work and the distribution according to participation by factors of production.

　　Article 32 Governments shall conduct a macro-level management of the pay system of institutions， the department of personnel shall， jointly with the department of finance， check and approve the gross payroll of various institutions.

　　Article 33 An institution shall， on the basis of the approved gross payroll， determine the measures on the pay distribution of this institution and the pay scale of various positions.

　　The measures of an institution on the staff‘s pay distribution shall be adopted at a worker （staff） congress or worker （staff） representative congress of this institution.

　　The measures on the pay distribution and the pay scale of various positions of an institution shall be checked and approved by the responsible department of administration and then reported to the responsible department of personnel for record； if there is no responsible department of administration， the responsible department of personnel shall do the check and approval.

　　Article 34 The pay of a staff member shall be based on the position pay and also determined by the factors such as workload， work quality， economic benefits and social benefits created by this person， etc.

　　If a staff member has been appointed to two positions of different categories， one position shall be determined as a major position according to workload and work time， the pay of this staff member shall be that for the major position.

　　Within the period of having been discharged to wait for an appointment， a staff member shall keep only fixed pay such as the position pay， etc. ； as for those who have an approval to leave for study at their own expenses， their pay shall be stopped.

　　Article 35 A staff member‘s vacation， housing and other welfare benefits shall follow the related rules of the state， province and this municipality.

　　Chapter VI Assessment， Reward and Punishment

　　Article 36 An institution shall make assessments of staff members on the principle of objectivity and justice， under the direction of the responsible department of personnel， establish an assessment system on the basis of the position management and appointment system and in combination of the probation assessment， regular assessment， annual （academic year for a teaching institution， the same below） assessment， and appointment term assessment.

　　Article 37 An institution shall work out the specific standards and measures to make assessment of the staff members of this institution which shall be put into practice after being adopted at a

worker （staff） congress or a worker （staff） representative congress.

　　An institution shall make assessments level by level according to the work performance of staff members based on their employment contracts and agreements on appointment to a position.

　　Article 38 The probation assessment of staff members of an institution shall have two grades： qualified and unqualified， the grades of staff members‘ annual assessment and appointment term assessment shall be determined according to the specific measures of this institution on assessment.

　　Article 39 The results of the annual assessment and appointment term assessment of an institution shall be reported to the responsible department of administration for record.

　　Article 40 The results of assessments of staff members shall be used by an institution as the basis for staff position adjustments and staff members‘ engagement， appointment， training， pay， reward and punishment.

　　If a staff member is graded as unqualified during the probation period， the employment contract shall be terminated.

　　Article 41 Awarding a staff member an honorary title， a citation for the first class merit， a citation for the second class merit， a citation for the third class merit or honoring a staff member by commendation shall be carried out according to the related rules of the municipal government； awarding a staff member other kind of rewards and honoring a staff member by other ways shall be determined by an institution itself.

　　Article 42 If a staff member has taken an act in violation of law and discipline， it shall be dealt with according to the related rules.

　　Chapter VII Education and Training

　　Article 43 An institution shall， according to the needs of social， economic， science and technology developments， make a plan and arrangements for staff members‘ education and training.

　　Staff members shall participate in staff training organized by their institutions， they shall be encouraged to participate in various programs of social training to upgrade themselves in personal ability.

　　Article 44 Staff training shall be divided into position-holding training and continuous education.

　　The contents of staff training shall be target-oriented， practical and advanced.

　　Article 45 Staff training may be organized and conducted by an institution itself or entrusted with to training institutions such as colleges and universities， scientific research academies and institutions.

　　Article 46 Staff members‘ grades of training and completion of training tasks shall be one of the bases for assessments and appointments of staff members.

　　Chapter VIII Social Security

　　Article 47 The municipal government shall， according to the level of social and economic development and the social bearing capacity of this municipality， establish and improve step by step a social insurance system corresponding with the staff member system.

　　Article 48 Staff members shall participate in social insurance such as old age pension， medical care， etc. according to the related rules of the state and the municipality， the specific measures of the staff social security system shall be drawn up separately by the municipal government.

　　Article 49 A staff member who is in one of the following situations shall enjoy the social insurance benefits：

　　（1） having retired；

　　（2） falling ill， being injured， bearing a child；

　　（3） being injured and disabled in line of duty or suffering from an occupational disease；

　　（4） being unemployed.

　　Article 50 A staff member who is in one of the following situations shall retire

　　unless this staff member meets the state rules to extend the age of retirement：

　　（1） reaching the age of 60 full years for a male or 55 full years for a female， and having worked for 10 years or more；

　　（2） re

aching the age of 50 full years for a male or 45 full years for a female， and having worked for 10 years or more and being appraised by this municipality‘s medical institution of labor appraisal as one who has lost the ability to work because of illness.

　　If a staff member is disabled in line of duty and appraised by this municipality‘s

　　medical institution of labor appraisal as one who has lost the ability to work， this staff member may also go through the formalities for retirement.

　　If a staff member is in the situation stipulated by the state， the resignation from a position may be arranged.

　　If a staff member has retired or resigned， remuneration shall be calculated according to the related rules of the municipal government.

　　Article 51 If a staff member meets one of the following requirements， an early retirement may be arranged after this staff member has filed an application， the institution has agreed to it and reported the application to the municipal department in charge of personnel for approval：

　　（1） reaching the age of 55 full years for a male or 50 full years for a female and having worked for 20 years or more；

　　（2） engaging in the underpit operation， work at a high place above the ground， high-temperature operation， extraordinarily heavy physical labor or other work harmful to health， reaching the age of 55 full years for a mal

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