深圳市机关事业单位雇员管理试行办法 Order of the Shenzhen Municipal People’s Government

深圳市人民政府令第133号

颁布日期：20040623 　实施日期：20040801 　颁布单位：深圳市人民政府

　　No. 133

　　Measures for Trial Implementation of the Shenzhen Municipality on the Administration of the Employees of the Government Offices and Institutions was adopted at the 108th Executive Meeting of the Third Session of the Municipal Government， is now promulgated， and shall take effect as of August 1， 2004.

　　June 23， 2004

　　Measures for Trial Implementation of the Shenzhen Municipality on the Administration of the Employees of the Government Offices and Institutions

　　Chapter I General Provisions

　　Article 1 In order to improve the efficiency of government work， control the administrative operation cost， and safeguard the legal rights of the government offices and institutions and their employees， these measures are hereby formulated　in accordance with the related law and regulations and in the light of practical conditions.

　　Article 2 These measures shall apply to the government offices and institutions of this municipality and their employees.

　　The institutions referred to in these measures shall mean the social service organizations which have been established for the purpose of public interests after approval by the municipal， district departments in charge of establishment of organizations and supported by the state assets provided by the government offices or other organizations， but not including those institutions that are managed as enterprises.

　　The employees referred to in these measures shall mean the persons employed by the government offices and institutions through contract within the authorized size of organization and the approved number of personnel.

　　Article 3 The employee administration shall be conducted in combination of unified administration and administration by classification.

　　The government office and institutions shall employ persons according to the principle of openness， equality， competition， and selecting based on qualifications.

　　Article 4 When the employees are discharging the duties of their job according to these measures and employment contracts， their rights and obligations shall be performed in the light of the related rules on the public servants of the state and the staff members of institutions.

　　Article 5 The administrative department of the municipal government in charge of personnel （hereinafter referred to as the municipal department of personnel） shall be responsible for the employee administration of this municipality. The administrative departments of district governments in charge of personnel shall， under the direction of the municipal department of personnel， be responsible for the administration of the employees of the subordinate units in their respective jurisdictions according to their authority.

　　The departments of government in charge of establishment of organizations， finance， labor， and social security， etc. shall， according to their division of duties， cooperate with the department in charge of personnel in the employee administration.

　　Chapter II Classification and Disposition

　　Article 6 The employees shall be classified as senior employees and ordinary employees.

　　The senior employees shall mean the senior professionals whom the municipal government has decided to employ for the special needs in improving the management and service of the government offices and institutions.

　　The ordinary employees shall mean the personnel whom the government offices and institutions have employed for undertaking intermediate and special tasks or intra-unit odd jobs and work of auxiliary character.

　　The specific posts of the ordinary employees of the government offices and institutions shall be determined by the municipal department in charge of establishment of organizations jointly with the municipal departmen

t of personnel， and these posts shall be made public.

　　Article 7 The senior employees of administrative offices shall be hired by the municipal government； the senior employees of institutions shall be hired by the institutions， the resultant expenses shall be provided by the employing units on their own.

　　The ordinary employees shall be hired by government offices and institutions themselves.

　　Article 8 The employees shall be calculated as part of the authorized personnel number of an organization； for a temporary organization approved by the department in charge of establishment of organizations to be established for undertaking intermediate and special tasks or for the government offices and institutions with increased specified number of personnel，　the department in charge of establishment of organizations shall determine the specified number of employees according to the needs on the basis of the nature of the units' work at the same time when assigning the authorized number of personnel.

　　The specific number of senior employees shall be determined by the municipal government according to the needs of the social and economic development of this municipality.

　　Chapter III Employment Procedure

　　Article 9 The employees' hiring shall be done through public invitation of application for jobs， the specific measures shall be worked out separately by the municipal department of personnel.

　　Article 10 An applicant for employment shall meet the following requirements：

　　（1） to abide by the Constitution of the People's Republic of China， law and regulations；

　　（2） to be willing to perform the obligations of an employee；

　　（3） to satisfy the prescribed qualifications.

　　Applicants for the post of a senior employee shall be the experts or scholars who

　　are of great attainments in their specialty and of high reputation both at home and abroad.

　　If an ordinary employee post requires professional and technical qualifications or practicing license， the applicant shall meet the corresponding requirements.

　　As for the applicants for the posts which are not the odd jobs and auxiliary posts， they shall have the record of formal schooling at the level higher than college for professional training.

　　Article 11 When the government offices and institutions hire senior employees， they shall work out an employment plan to report， after the examination by the department in charge of personnel， to the municipal government for approval， the municipal department of personnel shall make an announcement to invite for application for these jobs and conduct the examination jointly with the employing units； the senior employee candidates of government offices shall be reported to the municipal government for employment decision； the decision on the employment of the senior employees candidates of institutions shall be made by the institutions.

　　Article 12 When government offices and institutions hire ordinary employees， they shall work out an employment plan； the employment plan shall include the following contents： the way and reason of hiring employees， the number of employees， the specialties and qualifications of employees， the duty requirements for employees' posts and basic pay.

　　Article 13 When government offices and institutions invite application for the posts of ordinary employees to take odd and auxiliary jobs， they shall report their drafted employment plans to the department in charge of personnel， after the plans have been approved， the employing units shall organize a public invitation for application for these jobs.

　　When government offices and institutions invite application for the other posts of ordinary employees， they shall report their drafted employment plans to the department in charge of personnel for approval， a unified invitation for application for these jobs shall be organi

zed by the department in charge of personnel， and a written examination， interview and physical examination shall be arranged by the department in charge of personnel or its employing units upon entrustment in the light of the related rules on employment （appointment） of public servants and staff members.

　　Article 14 The ordinary employee candidates shall be determined by the employing units according to the post requirements and the results of examinations， assessments， and physical examinations， and then the employment contracts shall be signed.

　　The employing units shall report the name list of the employees including their basic information to the departments in charge of personnel and establishment of organizations for record.

　　Chapter IV Employment Contracts

　　Article 15 An employing unit shall sign an employment contract with an employee candidate according to the principle of equality and voluntariness and reaching unanimity through consultation.

　　An administrative office entrusted by the municipal government shall sign an employment contract with an administrative office senior employee.

　　Article 16 An employment contract shall include the following main contents：

　　（1） contracting parties；

　　（2） the main duties of the employee post or the main tasks of the employee；

　　（3） the working conditions provided by the employing unit；

　　（4） the welfare benefits of the employee；

　　（5） the term of the contact；

　　（6） the liabilities of breaking the contract；

　　（7） the other contents agreed on by the employing unit and the employee.

　　Article 17 The term of an employment contract shall be determined by the

　　employing unit according to the tasks of the employee'

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