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On the issue of performance-based wages, *** and the Ministry of Human Resources, Social and Labor Security of the People's Republic of China have issued documents. Performance-based salaries for primary and secondary school teachers have been cashed; The second step is that the performance salary of medical and health units is being piloted, as far as I know, the second batch of pilot work in Baokang County, Hubei Province has ended, and Hubei Province has approved the performance wage reform plan of public institutions in Baokang County; What you said should belong to the third step, that is, the issue of performance pay in technical secondary schools, technical schools and other public institutions, which is now studying the issue of post setting and full employment system, and only when the problem of setting up posts is solved can we study the problem of linking performance pay with posts and positions, so there is a process. But rest assured, since the state document has been issued, it must be implemented, and it will not become a dead letter.
I am also a secondary school teacher, and our political science and engineering department is recently drafting opinions on the establishment of school positions, and after submitting them to the Municipal Personnel Bureau for approval, we will come up with a performance-based salary payment method. It is roughly distributed according to management positions, professional and technical positions (mainly teachers and experimental instructors), and service positions. A certain amount of living allowance will be paid to school retirees.
Let's wait together!
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There should be no reluctance for public institutions to be paid by the state treasury, and it should be a matter of financial accounting.
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There is a process for everything, especially the matter of moving money, the financial department has to allocate funds according to the budget, and the budget must also have a process and be approved by the ** department at the same level
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Public institutions have performance bonuses, which are generally paid at the end of the year, and the performance wages mainly reflect the actual and contribution of the staff, and the performance wages of public institutions are distributed independently within the approved total amount in accordance with the standardized procedures and requirements. After the implementation of performance-based wages in public institutions, the one-time bonus at the end of the year was abolished, and the amount of one month's basic salary and the additional allowance of the region were included in the performance-based salary.
For fully funded public institutions, the performance salary is determined according to the basic performance salary accounting for 70% and the incentive performance salary accounting for 30%. The financial department allocates funds according to the total amount of performance wages, and the unit distributes the system according to the ratio of 7:3, and finally pays incentive performance wages according to the year-end assessment results; Institutions with differential appropriations have a certain amount of income, which is generally determined in accordance with the principle that the basic performance salary accounts for 60% and the incentive performance salary accounts for 40%; The basic performance salary and incentive performance salary of self-supporting institutions shall be determined according to the actual situation and will be reviewed by the local competent department, but the proportion of incentive performance salary shall not exceed 50%.
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Legal analysis: It is not illegal to have no express provisions, and it should be legal for the performance salary of public institutions to be negative.
Legal basis: "Regulations on the Personnel Management of Public Institutions" Article 32 The State shall establish a wage system for public institutions that combines incentives and constraints. The salaries of staff of public institutions include basic salary, performance salary, and allowances and subsidies.
The distribution of wages in public institutions shall be combined with the characteristics of different industries and public institutions, reflecting factors such as job responsibilities, work performance, and actual contributions.
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Illegal. The performance salary of the staff of public institutions is a part of the employee's income, but it is deducted according to the provisions and redistributed according to the performance, and the amount will be different, but it will always be "returned" according to the policy, and the unit has no right to distribute it at will, let alone deduct it, otherwise it will violate the labor law and contract law.
Legal basis: Labor Law of the People's Republic of China
Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be practiced. The wage level has been gradually raised on the basis of the development of the material economy. The state implements macroeconomic regulation and control over the total amount of wages.
Article 47 An employer shall, in accordance with the characteristics of its production and operation and its economic efficiency, independently determine the wage distribution method and wage level of its own unit in accordance with the law.
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Legal analysis: It depends on the agreement between the company and the employee.
Legal basis: Labor Contract Law of the People's Republic of China
Articles 28 and 30 stipulate that a complaint may be filed with the local labor department or a civil lawsuit may be filed with the people's court.
Article 28 Where a labor contract is confirmed to be invalid and the worker has already paid the labor, the employer shall pay the labor remuneration to the worker. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the same unit.
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner.
If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
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