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The number of temporary workers in party and government organs and public institutions is decreasing in an absolute way, and in particular, the use of temporary workers in party and government organs has become less and less. This aspect is related to the institutional reform and the transformation of functions, which can be undertaken by the society and the market to the market in an all-round way, and the purchase of services.
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Many provinces and cities have issued plans to deepen the reform of public institutions, which basically mention the removal of temporary workers who have not been established, so with the deepening of the reform of public institutions, temporary workers will also be gradually cleaned up.
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It is impossible that after the institutional reform, all temporary workers will be dismissed, because the number of personnel in various departments is not enough, and a large number of temporary workers are still needed to work, such as urban management, traffic police teams, etc., as well as miscellaneous personnel in various units.
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The reform of public institutions could no longer go on, the resistance was too great, and they went back to the old way. According to reports, some public institutions can refer to management and explain a few. Years of hard work and tossing in vain.
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1;Take a formal establishment and become a regular worker.
2;According to the provisions of the Labor Contract Law, if an employee of an employer has worked for the employer for more than 10 years, he or she can request the employer to sign an indefinite labor contract to provide labor security for himself and be protected by law.
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Zero-hour workers, dispatch workers, all turned into civil servants, if a certain number of years, capable people directly admitted to the establishment, inability to rely on the ability to survive is also a gift of the system.
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When temporary workers enter the unit, they are a waste of time and money and they are exhausted. Don't pick up trash to ......
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There is no talk of temporary workers before the law, and it opposes power discrimination and upholds fairness and justice.
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Equal pay for equal work.
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I have been stationed in the village for several years to help the poor, and when I returned to the unit a few days ago, I learned that there has been a relatively big change in the establishment of the unit, but there has been no change in the personnel, and the salaries and benefits of the original personnel are still in accordance with the previous approval, and the treatment of temporary personnel is the same, and the unit is still operating normally. Our unit is a mixed unit with mixed posts, which is caused by historical reasons, and the origin will not be talked about here. At its peak, the unit had 18 administrative establishments and 32 career establishments, including 8 professional and technical posts, two service posts, and 22 management posts, but later due to various reasons, the establishment gradually decreased.
At first, the main focus was to reduce the management posts in the administrative establishment and the business establishment, but after returning to the unit this time, I learned that the unit no longer had professional and technical posts, and all the professional and technical posts were abolished. So how so? There are 5 professional and technical personnel in the unit, so what should they do?
In fact, although Chong Meng has no professional and technical positions, those professional and technical personnel still exist and still receive the same salary. This is because although the post is gone, I hope that the support relationship has not changed, and it will still be supported by the treasury. The only thing that has changed is that after there are no professional and technical positions, those professional and technical personnel can only maintain their current job level and cannot be promoted.
In the past, there were two people who obtained the qualification of senior engineers, but due to the limited position, only one deputy senior was hired, and now the posts have been cancelled, so all the people can only maintain the original position, and now even if the deputy senior title personnel retires, another senior engineer can not be hired as a deputy high. But the other treatments that should be enjoyed will not change.
I hope the above is helpful to you, please give a thumbs up with your rich little hands, and wish you a happy life.
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1. In 2022, the dismissal of temporary workers in public institutions can be compensated, and the standard of compensation is determined according to the employee's working years, and one month's salary is generally paid for each full year. The provisions on the payment of overtime wages on holidays for employees of public institutions are that they are paid three times the wages for overtime work on statutory holidays.
2. Can I get compensation for the dismissal of temporary workers in public institutions under the new policy in 2022?
In 2022, the dismissal of temporary workers in public institutions under the new policy can be compensated. It is reminded that the severance that the employer needs to pay to the employee is as follows: the compensation is paid to the employee at the standard of one month's salary for each full year; if it is more than six months but less than one year, it shall be calculated as one year, that is, one month's salary shall be paid as compensation; If it is less than six months, the worker shall be paid half a month's salary as economic compensation.
3. What are the regulations on the payment of overtime wages for employees of public institutions on holidays?
The regulations on the payment of overtime wages on holidays for employees of public institutions are: overtime wages on statutory holidays shall not be less than 300% of the usual wages; Personnel of public institutions who work overtime outside the statutory working days shall be given corresponding compensatory leave, and those who cannot take compensatory leave shall be given subsidies in accordance with state regulations.
4. Is the labor law applicable to public institutions?
The Labor Law is suitable for the Standby Bureau of Bankruptcy refers to the rolling down of public institutions. The Labor Law is not applicable to the regular staff of public institutions, and the Labor Law is applicable to the non-staff staff. The rules are different for public institutions and enterprises, as an enterprise "constitutes an employment relationship", as long as the employee provides labor, even if the labor contract is not signed, it constitutes a de facto labor relationship, and the Labor Law applies from the date of actual employment.
However, if a public institution "establishes a labor contract relationship", if the employee has not signed a labor contract with the public institution, the Labor Law does not apply. Therefore, in order to determine whether the Labor Law can be applied to the staff of a public institution, the key lies in whether a labor contract relationship can be established.
Legal basis
Article 2 of the Labor Law: Enterprises and individual economic organizations (hereinafter referred to as "employers") within the territory of the People's Republic of China and workers who have formed labor relations with them shall apply to this Law. State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.
Article 44: Where a worker is assigned to work on a rest day and cannot take a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages; If a worker is assigned to work on statutory holidays, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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There are absolutely many omissions in the units involved in this structural reform, and both administrative units and public institutions have carried out great reforms, and in particular, many units have been integrated, and some units have been merged, so the merged units will be overstaffed. In the overstaffing units caused by institutional reform, the impact on the overstaffing is not very large, but the impact on temporary workers or contract workers is still relatively large.
In principle, the number of personnel and posts cannot be exceeded, but due to the merger of institutions, the consolidation of personnel posts is actually unavoidable. For this part of the supernumerary personnel, the following methods are generally adopted: 1. Lengthen the bench.
For the personnel of units involved in the reform of the organization, if it is difficult to arrange them for the time being in accordance with the requirements of the plan, take measures such as temporary overstaffing, excess of the number of posts, and transition of excess posts, and implement real-name management, and reduce one by one, and complete the digestion within 3-5 years. 2. Turning to non-leadership. Due to the limitation on the number of leadership positions, for those who held leadership positions before the reform of some institutions, and there is no way to arrange for them to hold leadership positions after the institutional reform, the benefits of the original leadership positions are retained and the second line is retired.
3. Early retirement. For some of those who have worked for 30 years or have completed 20 years of service and are less than five years after retirement, early retirement shall be allowed upon their application on the basis of consensus with the person.
4. Diversion and resettlement. Combined with the person's wishes and organizational intentions, he was shunted to other units for placement. At the same time, appropriately reduce the number of recruited personnel, such as:
In principle, newly established units in the course of institutional reform that need to supplement personnel within 3 to 5 years are to be selected and transferred from among the personnel of the same type of unit who are overstaffed, have more posts, and have more than the number of posts. 5. Encourage job transfer. For some of the public service personnel who have obtained relevant professional and technical qualifications, they will voluntarily transfer to other public institutions to engage in professional and technical work, and they will be allowed to be hired to the corresponding positions in accordance with the job conditions and requirements, and the personnel management system of public institutions shall be implemented.
6. Natural digestion. Where there is an overstaffing of the work and service posts of administrative organs due to institutional reform, the transition of overstaffing shall be carried out, and the gradual digestion shall be carried out in accordance with the principle of "only going out but not entering, and naturally digesting".
As for temporary workers or contract personnel, because after the merger of units, the personnel are seriously overstaffed, and the regular personnel cannot be used, let alone the non-staff old brigades, so the non-staff contract personnel will definitely be gradually dismissed.
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Temporary workers, public institutions, restructuring, dismissal, animal husbandry, beverage factories and public institutions restructuring to dismiss temporary workers, employees of state-owned enterprise units to be transferred to public institutions as temporary workers, and later public institutions to be restructured to dismiss temporary workers, like this case, she should get how to leak the same kind of economic subsidies I took over my father's class in November 1980 in the catering service company. In 1984, the beverage factory was transferred, in 1997 the animal husbandry development company was transferred, and in 2003 the animal husbandry bureau (temporary worker) The lawyer replied: According to the new labor contract law, the compensation will be refunded, including all your working hours.
Temporary workers should be dismissed in the restructuring of public institutions.
1. How to handle suspended sentences in public institutions.
Where staff of state administrative organs (including staff of public institutions and professional and technical personnel) are sentenced to a suspended sentence by a people's court, their positions are naturally revoked, and temporary work is to be arranged for them not to be assigned to their duties. In order to give full play to the expertise of professional and technical personnel, except for those who have been sentenced to a suspended sentence for using professional technology to carry out criminal activities, certain technical work may be arranged for them on the basis of the actual situation and the needs of their work. The original salary and benefits shall be reduced, and temporary wages shall be paid at a rate lower than the salary and benefits of the dismissed and retained probationers.
Those who have shown good repentance and reformation during the probation period may be assigned a regular job after the probationary period is completed, and their position and salary scale may be redetermined; Those who perform badly are to be expelled.
2. How to deal with the breach of contract after signing the labor contract of a temporary worker?
Temporary workers are not a legal concept, they simply refer to the short term of the labor contract signed with the employer, and the temporary worker is also a worker. If a temporary worker signs a labor contract and breaches the contract and causes losses to the employer, he or she shall compensate for the losses. According to the Labor Contract Law of the People's Republic of China, if an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, and causes losses to the employer, he shall be liable for compensation.
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Is the temporary trade union of the institutional reform of public institutions dismissed?
Temporary workers of public institutions are all labor contracts signed by the employer, or labor dispatch contracts signed with the dispatch company, which are contracts regulated by the Labor Contract Law, and if the employer proposes not to renew the labor contract when the contract expires, the employment relationship between the two parties will be terminated.
Deadline for reform of public institutions.
The 2011 timetable for the reform of public institutions was released, which divided the reform of public institutions into two major stages, the first stage is to clean up and standardize public institutions from 2011 to 2015 to complete the classification of public institutions. In 2020, a new management system and operating mechanism of public institutions will be formed, and a public welfare service system with Chinese characteristics will be formed. According to the document, 2020 is the deadline for reform.
What to do with veterans of the reform of public institutions.
1. The unit undertaking the task of arranging the work of the retired soldier shall sign a labor contract or employment contract with the retired soldier for a period of not less than 3 years in accordance with the law. 2. During the duration of the contract, if the unit is closed, bankrupt or restructured according to law, the retired soldier shall implement the relevant provisions of the state together with other personnel of the unit. 3. Where the unit that receives the retired soldiers lays off its personnel, it shall give priority to retaining the retired soldiers.
Do temporary employees of public institutions enjoy annual leave?
Yes, if the conditions are met. According to the relevant laws of China, temporary workers of public institutions can enjoy paid annual leave if they have worked in the company for one year continuously, and the number of annual leave days is determined according to the cumulative working hours of the employees.
Do temporary employees of public institutions still enjoy annual leave?
Enjoy. According to the relevant laws of China, temporary workers of public institutions can enjoy paid annual leave if they have worked in the company for one year continuously, and the number of annual leave days is determined according to the cumulative working hours of the employees. Article 3 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than 12 months.
Article 4 The number of days of annual leave shall be determined on the basis of the cumulative working hours of the employees. The period during which an employee works in the same or different employers, as well as the period during which it is deemed to work in accordance with laws, administrative regulations or regulations, shall be counted as cumulative working hours.
Article 2 of the Measures for the Implementation of Administrative Licensing of Labor Dispatch stipulates that dispatched workers enjoy the right to equal pay for equal work with employees of the employing entity. The employer shall, in accordance with the principle of equal pay for equal work, implement the same method of labor remuneration distribution for dispatched workers and workers in the same position in the same unit.
If the employing unit does not have workers in the same position, it shall be determined with reference to the labor remuneration of the workers in the same or similar position in the place where the employing unit is located.
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