Provisions on the provisions on appeals by the staff of public institutions

Legal Analysis: In order to protect the legitimate rights and interests of the staff of public institutions, to handle the complaints of the staff of public institutions in accordance with the law, and to promote the exercise of authority by public institutions and their competent departments in accordance with the law, the provisions on appeals of the staff of public institutions are formulated. Channels for public institution staff to appeal:

1. If the staff of a public institution is dissatisfied with the personnel handling involving him/herself, he or she may apply for a review.

2. If you are not satisfied with the review result, you can file an appeal or appeal again.

3. Appeals by leading personnel of public institutions under the management of Party committees at all levels shall be handled in accordance with the authority of cadre personnel management and in accordance with relevant regulations.

Legal basis: "Provisions on Appeals by Staff of Public Institutions" Article 2 Where the staff of a public institution is dissatisfied with the handling of personnel involving them, they may apply for a review in accordance with these Regulations; Those who are not satisfied with the results of the review may submit an appeal or appeal again in accordance with these provisions. Where laws and regulations have other provisions on appeals by staff of public institutions, follow those provisions.

The appeals of the leading personnel of public institutions under the management of party committees at all levels shall be handled in accordance with the authority of cadre personnel management and in accordance with relevant regulations.

Summary. Public institutions go to ** appeal. There is a special grievance justice committee. The Grievance Justice Committee performs the following duties in accordance with laws and regulations:

1) Handling appeals and re-appeals within the jurisdiction, and conducting a comprehensive review of the facts and evidence of the case, the application of policies and regulations, work procedures and discipline, and so forth;

2) Hearing appeals and re-appeals;

3) Conduct guidance and supervision of the trial team's trial work;

4) Discuss major or difficult appeals or re-appeals;

5) Other duties provided for by laws, regulations, and rules, that the Appeals Justice Committee bears or that the unit accepting them authorizes.

Public institutions go to ** appeal.

Public institutions go to ** appeal. There is a special grievance justice committee. The Grievance Justice Committee shall perform the following duties in accordance with laws and regulations:

1) Handling appeals and re-appeals within the jurisdiction, and conducting a comprehensive review of the facts and evidence of the case, the application of policies and regulations, and the procedures and discipline of whistleblowing; 2) Hearing appeals and re-appeals; (3) To guide and supervise the trial of the trial configuration shed; 4) Discuss major or difficult appeals or re-appeals; 5) Other duties provided for by laws, regulations, and rules, that the Appeals Justice Committee bears or that the unit accepting them authorizes.

I work in a hospital, and I am a staff member, and I encounter unfairness during the working day, and I want to find a place to appeal, but the arbitration will not accept it.

Is the complaint to the court?

An application for review may be made to the arbitration institution at the next higher level or to the competent authority at the next higher level.

I am a public institution, I can't arbitrate, I only have a complaint, can I appeal to the court?

What is the higher-level arbitration institution?

What is the higher-level arbitration institution?

OK. But I don't know exactly how to do it.

The departments for the comprehensive personnel management of public institutions at all levels and the competent departments shall separately set up committees for the fairness of appeals for the staff of public institutions

In order to protect the rights and interests of the staff of public institutions, the provisions on appeals by units with blind undertakings stipulate the scope, time limit, and methods of appeals, so as to improve the efficiency and fairness of appeals.

The provisions on appeals of public institutions refer to the relevant grievance system formulated to protect the legitimate rights and interests of the staff of public institutions. In accordance with the relevant provisions of the state, public institutions shall set up a grievance committee to accept and handle the complaints, accusations, reports and other matters of employees in accordance with the law, so as to protect the legitimate rights and interests of employees. The scope of appeals of public institutions includes appeals of dissatisfaction with appointments, promotions, awards, sanctions, dismissals, resignations, etc., as well as appeals of dissatisfaction with labor contracts, salaries, etc.

Employees may submit a complaint to the Grievance Committee in writing, orally or by e-mail, within 30 days from the date on which they become aware of the facts of the complaint. The public institution complaint regulations also stipulate the procedures for handling complaints, including acceptance, investigation and verification, organization and coordination, and decision-making. In the course of handling an appeal, both the complainant and the respondent have the right to submit an appeal opinion and defense.

Generally speaking, the formulation of the provisions on appeals by public institutions is aimed at protecting the rights and interests of the staff of public institutions, improving the efficiency and fairness of appeals, and is conducive to safeguarding the legitimate rights and interests of employees and promoting the healthy and stable development of public institutions.

What happens if the Grievance Board fails to deal with an employee's grievance? If the grievance committee fails to handle the complaint in a timely and fair manner in accordance with the regulations, the employee may file a complaint with the superior organization or the administrative department of human resources and social security, and may also file an administrative lawsuit or labor dispute arbitration in accordance with the law.

The purpose of formulating the provisions on appeals of public institutions is to protect the rights and interests of employees and improve the efficiency and fairness of appeals. The Appeals Committee shall promptly accept and handle appeals in accordance with provisions, and safeguard the parties' right to appeal. If necessary, employees may file complaints, administrative lawsuits or labor dispute arbitration with the superior organization or the administrative department of human resources and social security in accordance with the law.

Legal basis]:

Article 10 of the Regulations on Appeals by Personnel of Public Institutions shall have the right to lodge appeals with the Appeals Committee established within the unit regarding their own disputes concerning personnel rights and interests.

On August 22, 2012, the Ministry of Human Resources and Social Security and the Ministry of Supervision promulgated Order No. 18 of the "Interim Provisions on the Punishment of Personnel of Public Institutions", Article 39 of the "Interim Provisions on the Punishment of Personnel of Public Institutions", which states that if a staff member of a public institution who has received a sanction is dissatisfied with the sanction decision, he or she may apply to the original sanction decision unit for review within 30 days from the date on which he or she knew or should have known of the sanction decision. Those who are not satisfied with the results of the review may, within 30 days of receiving the review decision, submit an appeal to the competent department of the unit that originally made the sanction decision or to the comprehensive personnel management department of the public institution at the same level in accordance with provisions. The appeals of the staff of the public institutions directly under the local government shall be accepted by the comprehensive personnel management department of the public institution at the same level in accordance with the authority of the cadre personnel management authority.

Article 40: The unit that originally made the sanction decision shall make a review decision within 30 days of receiving the application for review. The unit accepting the appeal shall make a decision on handling it within 60 days of accepting it; Where the case is complicated, it may be appropriately extended, but the extension period is not to exceed 30 days at most. Enforcement of sanctions is not to be stopped during the period of review and appeal.

Employees of public institutions are not to be given heavier punishments for submitting reviews or appeals. Article 41: In any of the following circumstances, the unit accepting the sanction review or appeal shall revoke the sanction decision, make a new decision, or order the unit that made the original sanction decision to make a new decision: (1) The facts on which the sanction is based are unclear or the evidence is insufficient; (2) Violating prescribed procedures, impacting the fair handling of the case; (3) Exceeding authority or abusing authority to make a sanction decision.

Article 42: In any of the following circumstances, the unit accepting the review or appeal shall change the disposition decision or order the unit that originally made the disposition decision to change the disposition decision: (1) The applicable law, regulations, or rules are wrong; (2) There is an error in the determination of the circumstances of the violation of law or discipline; (3) The sanction is improper. Article 43: Where the sanction decision of a staff member of a public institution is changed, and it is necessary to adjust the staff member's post level or salary and benefits, it shall be adjusted in accordance with provisions; Where a sanction decision is revoked for a staff member of a public institution, the staff member's post level and salary shall be restored, and the corresponding position shall be arranged in accordance with the original post level, and their reputation shall be restored within an appropriate scope.

Where the salaries and benefits of the staff of public institutions whose sanctions have been revoked or commuted suffer losses, compensation shall be given.

Article 3 of the Interim Provisions on the Punishment of Personnel of Public Institutions: The principles of justice, fairness, and the combination of education and punishment shall be adhered to in giving sanctions to the staff of public institutions. Sanctions given to staff members of public institutions shall be commensurate with the nature, circumstances, and degree of harm of their conduct in violation of law or discipline. Sanctions given to staff of public institutions shall be based on clear facts, conclusive evidence, accurate characterization, proper handling, lawful procedures, and complete formalities.