What are the specific regulations for the dismissal of public employees in many places?

Specifically, the family planning regulations have been revised, and the revised family planning regulations show that the behavior of state employees who have exceeded the birth has been revised to "give punishment according to law", so public employees can also have a second child in the future.

In many places, there are actually many regulations on the dismissal of public employees if they no longer give birth, because you are a public official, but the state stipulates that you can only have two children, and if you have more children, it actually means that you will lose your job.

The revision of the regulations on overbirth for public employees is embodied in the deletion of the provision of dismissal for overbirth, and at the same time the change is revised to "give punishment for overbirths in accordance with the law", although it is only a brief change in the regulations, but it is interpreted by the outside world as "obviously an intention to relax the control of overbirth".

In the past, they were expelled for giving birth to more than one child, but now they have been given corresponding punishments in accordance with the law, and the original article on illegal childbirth being levied social maintenance fees in accordance with the law has been deleted, and those who violate the law will never be hired again.

According to the latest family planning regulations, if a state public employee gives birth to a child, he will no longer face "dismissal if he has an excess child", but "should be punished in accordance with the law".

Because China's population development has shown a major turning point, the local regulations on "dismissal after birth" and some other strict control measures, penalties and other provisions are no longer applicable to today's population development situation.

Legal Analysis: Public officials who were previously overborn now need to be dismissed from public office. If a public employee or employee of a state-owned enterprise violates the law and gives birth, in addition to accepting the handling of the family planning department and paying social maintenance fees, he also needs to accept the punishment of party and government discipline, or even directly expel him from the party and dismiss him from public office.

Before the introduction of the new family planning policy, the staff who gave birth in excess of the child had to pay a fine in the name of social maintenance fees, and also had to accept the relevant penalties from the unit. As long as it is a public official, it will be removed from the list before violating the family planning policy.

Legal basis: Article 42 of the "Population and Family Planning Law of the People's Republic of China" (1) If the person who pays the social maintenance fee is a state functionary, he shall also be given an administrative sanction in accordance with the law;

2) Other wax personnel shall also be given disciplinary sanctions by their units or organizations.

Legal basis: Article 33 of the Regulations on the Punishment of Civil Servants of Administrative Organs.

Those who violate the provisions of family planning shall be given the sanction of demotion or dismissal; where the circumstances are serious, a sanction of expulsion is to be given.

Legal analysis: Whether a party violates the family planning policy and gives birth to a child will be removed from the list is different from place to place, and the regulations of the area where the party is located shall prevail.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is not competent for the job, and after training or job adjustment, he is still not competent for the job;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

The Standing Committee of the People's Congress of Guangxi Zhuang Autonomous Region adopted the Decision on Amending the Regulations on Population and Family Planning of Guangxi Zhuang Autonomous Region (hereinafter referred to as the Amendment Decision), which will come into effect on September 22, 2020.

After the revised regulations, state functionaries will no longer be dismissed for their acts of giving birth to children in excess of their children.

In order to adapt to the direction of China's population and family planning reform and the situation of Guangxi's population development, and to implement the relevant opinions of the Legislative Affairs Committee of the Standing Committee of the National People's Congress, the amendment decided to revise the provisions of the original regulations that "if a person who is subject to social maintenance fees in accordance with the law is a state functionary, he shall be given an administrative dismissal sanction in accordance with the law" to "a sanction shall be given in accordance with the law".

The revised decision also revised the restrictions on the recruitment (hiring) of persons who have given birth in violation of the law as state functionaries, and deleted the original restriction on the restriction period for those who are subject to social maintenance fees for illegal births in accordance with the law, "within seven years from the date of completion of the handling decision", and revised it to "those who have given birth illegally and the circumstances are serious, shall not be hired (hired) as state functionaries".

At present, only the second child is released, and family planning is still a national policy that must be adhered to for a long time; Civil servants also still have an obligation to follow and enforce national laws and policies in an exemplary manner. If a civil servant has an illegal birth, he or she will still be subject to disciplinary action, up to dismissal from public office.

Thinking too much, civil servants feed 3-4 children, do you still have the energy to serve the society? The income is not enough for the family expenses, and it is easy to do illegal things for the sake of the children.

Hello; 1. According to the provisions of China's "Regulations on the Punishment of Civil Servants of Administrative Organs", civil servants of administrative organs who violate the provisions and exceed family planning shall be given the sanction of demotion or dismissal; where the circumstances are serious, a sanction of expulsion is to be given.

For example, according to the Regulations on Population and Family Planning of Guangdong Province, state organs, public institutions, state-owned enterprises, state-controlled enterprises, and township collective enterprises shall dismiss their employees or terminate their employment contracts. Village (resident) committee members who give birth beyond the reach of children shall be dealt with in accordance with relevant provisions.

3. For persons who have been overborn, the relevant units shall not recruit or hire (hire) workers within five years from the date on which the relevant units make a decision on the handling of them in accordance with the provisions of these Regulations; shall not be elected as a member of the village (resident) committee or rated as advanced within five years; Not entitled to publicly-funded medical benefits for seven years; Between seven and fourteen years are not allowed to enjoy dividends and other collective benefits under the rural joint-stock cooperative system.

There have been no modifications, at least not yet.

This is because, as a public official, he should not be treated as an ordinary person, but should set an example in abiding by the laws and regulations of the country.

As for when the changes will be made, it will be interesting to see.