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The state may dismiss a public employee if he or she seriously violates party discipline or party rules or violates state law.
Civil Servants Law of the People's Republic of China
Article 83: Civil servants are to be dismissed in any of the following circumstances:
1) In the annual evaluation, they have been determined to be incompetent for two consecutive years;
2) Those who are not qualified for their current job and do not accept other arrangements;
3) Where the organ to which they belong needs to adjust the work due to the adjustment, abolition, merger, or reduction of the staff, and they refuse to make reasonable arrangements;
4) Failure to perform civil servant obligations, failure to abide by civil servant discipline, no change after education, unsuitability to continue working in an organ, and inappropriate to give a sanction of dismissal;
5) Absenteeism from work, going out on business, or failing to return after the expiration of leave without a legitimate reason for more than 15 days, or accumulating more than 30 days in a year.
Article 84: Civil servants in any of the following circumstances must not be dismissed:
1) Disabled in the course of duty, and confirmed to have lost or partially lost the ability to work;
2) Sick or injured within the prescribed period of medical treatment;
3) Female civil servants are pregnant, on maternity leave, or breastfeeding;
4) Other circumstances that are not allowed to be dismissed as provided for by laws and administrative regulations.
Article 85: The dismissal of civil servants is to be decided in accordance with the scope of management authority. The dismissed civil servant shall be notified in writing of the dismissal decision.
Civil servants who have been dismissed may receive dismissal pay or enjoy unemployment insurance in accordance with relevant state regulations.
Article 86: Civil servants who resign or are dismissed shall go through formalities for the handover of official duties before leaving office, and when necessary, accept audits in accordance with provisions.
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Just drinking alcohol will not lead to expulsion, the key is what he did at the time! Major liability accidents or violations of the law (violations) can of course be dismissed.
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Of course, those who violate discipline and rules will be expelled, and the mayor will be recalled.
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1. There is a difference. "Expulsion from public office" refers to being dismissed from public office or dismissed from public office in violation of relevant laws and regulations as a state civil servant, the leader of a unit managed by reference to civil servants, a leader of a state-owned enterprise, or a leading position in a Party organ. The general employees of state-owned enterprises do not belong to the civil service sequence.
There is an essential difference between the two. 2. It has a certain impact on the political review, but the impact is not large, it is a big or small problem, it is recommended to find the leader of the original unit to re-issue the certificate of termination of the labor contract, and at the same time find someone in the new unit. If you want to go back to your original unit, you can also find the leader of your original unit, and it's just a matter of being laid off for a few months, why don't you look for it early?
Hope, thank you!
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Legal Analysis: If you are dismissed from public office, you will never be hired as a civil servant thereafter. Dismissal and dismissal are punishments for the misconduct of public service members, and are a type of administrative sanction, and the results of the punishment are included in the personal file.
Civil servants must not be promoted to their positions or ranks during the period of receiving sanctions, and those who receive demerits, major demerits, demotions, or dismissals must not be promoted to salary grades. Where a civil servant who has received a sanction other than dismissal has shown repentance and reformation during the period of receiving the sanction and has not committed any further disciplinary violations, after the sanction period is completed, the organ making the sanction decision is to lift the sanction and notify him in writing. After the sanction is lifted, the salary grade, grade, and position of the promotion are no longer affected by the original sanction.
Legal basis: "Civil Servants Law of the People's Republic of China" Article 65: Where civil servants who receive a sanction other than dismissal have shown repentance during the period of punishment, and there are no further violations of discipline or law, they are to be automatically lifted after the completion of the sanction. After the sanction is lifted, the salary grade, level, position, and rank of the promotion are no longer affected by the original sanction.
However, where the sanction of demotion or removal is lifted, it is not to be viewed as a restoration of the original level, position, or rank.
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Legal analysis: To be dismissed from public office, public employees have a special status, so social responsibility is more significant than others, so if a public employee has illegal or criminal activities or bridges, or even sentenced to prison should be dismissed from public office, and those sentenced to probation are also criminal acts and should be dismissed.
Legal basis: "Regulations on the Punishment of Civil Servants of Administrative Organs" Article 17: Where civil servants of administrative organs who violate laws and discipline have already been sentenced to criminal punishment, recalled, or removed from office in accordance with law, or have already resigned from leadership positions, before the administrative organ makes a decision to sanction them, and shall be given sanctions in accordance with law, the administrative organs are to give sanctions on the basis of the facts of their violations of law and discipline.
Where civil servants of administrative organs are sentenced to criminal punishment in accordance with law, they are to be dismissed.
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Dismissal from public office refers to the dismissal from public office in a state organ or in a public enterprise or public institution - being dismissed from public office. Dismissal from public office does not include removal from office. Dismissal from public office is generally aimed at the dismantling of cadres, and ordinary units should not be dismissed, but should be removed from the list.
The dismissal of a state-owned enterprise employee is also considered dismissal from public office.
"Public employees" refers to the staff of state legislatures, judicial organs, administrative organs, party affairs organs of the Communist Party of China and democratic parties, people's organizations, state-owned enterprises, and public institutions that perform public duties in accordance with law.
Under certain circumstances, after some party members have made mistakes and dealt with them, the party organization may also remove them from their current posts if they find them unfit to hold their current posts, and this is a normal appointment or dismissal of cadres and cannot be regarded as administrative or disciplinary sanctions.
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Legal Analysis: According to Article 83 of the Civil Servants Law of the People's Republic of China, civil servants shall be dismissed under any of the following circumstances:
1) In the annual evaluation, they have been determined to be incompetent for two consecutive years;
2) Those who are not qualified for their current job and do not accept other arrangements;
3) Where the organ to which they belong needs to adjust the work due to the adjustment, abolition, merger, or reduction of the staff, and they refuse to make reasonable arrangements;
4) Failure to perform civil servant obligations, failure to abide by civil servant discipline, failure to change after education, unsuitability to continue working in an organ, and inappropriate dismissal;
5) Absenteeism from work, going out on business, or failing to return after the expiration of leave without a legitimate reason for more than 15 consecutive days, or a total of more than 30 days in a year.
Legal basis: Civil Servants Law of the People's Republic of China
Article 82: Where civil servants holding leadership positions need to resign from their current position in accordance with legal provisions due to changes in their work, they shall perform resignation formalities.
Civil servants holding leadership positions may voluntarily resign from leadership positions for personal or other reasons.
Where leading members cause major losses or a heinous social impact due to serious mistakes or dereliction of duty in their work, or bear leadership responsibility for major accidents, they shall take the blame and resign from their leadership positions.
Where leading members shall take the blame and resign or are no longer fit to serve in their current leadership positions for other reasons, and do not submit their resignation, they shall be ordered to resign from their leadership positions.
Article 85: The dismissal of civil servants is to be decided in accordance with the scope of management authority. The dismissed civil servant shall be notified in writing of the dismissal decision.
Civil servants who have been dismissed may receive dismissal pay or enjoy unemployment insurance in accordance with relevant state regulations.
Article 86: Civil servants who resign or are dismissed shall go through formalities for the handover of official duties before leaving office, and when necessary, accept audits in accordance with the provisions of the sock defense.
A public official who is placed in administrative detention will leave a criminal record, but will generally not be dismissed from public office. Administrative detention is not a criminal punishment for a criminal offense, and there is generally no sanction of dismissal from public office, unless the circumstances are more serious.
Conscientiously study various laws and regulations, and conscientiously strengthen the principles of party spirit.
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