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I don't think it's the current thing that the teacher was dismissed because he was overborn. Because now that the two-child or even three-child policy has been released, there will be no noise. So.
According to the past policy, there is no good way for teachers to be dismissed from their homes. In fact, it is also very important to run a cram school at home. Good.
The income is not lower than that of a teacher on the staff. And I think it should be higher than the salary of the current teachers, if it is done well. It should be quite profitable.
I think it's good, you can think you can give it a try.
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It is possible to apply for administrative review, and it is unlikely that the position cannot be reinstated. Moreover, dismissal is not a deprivation of labor rights, and public schools can no longer work, but can teach in private schools.
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There is no way, because the state has regulations on policies, and teachers who are on the staff have violated family planning regulations, and if they have more children, they must be dealt with according to the regulations, and this cannot be changed by anyone.
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If you violate the rules, you can only bear it, find another job, and you don't need to be in the program, such as extracurricular training courses, educational institutions, or find a new job to open a commissary, corporate administrative work.
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For example, family planning work must be a national policy that must be followed, and as a public service unit is a hard indicator of this, once it violates the regulations, it will definitely be dismissed.
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There is no way to do it, this kind is a country's explicit provisions, and if you know that you have to punish it, you can only bear the corresponding consequences.
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No way.. In public offices, there is a punitive policy for overbirth. Among them, expulsion is common.
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Public offices have the right to dismiss employees who are overborn.
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Now that the state is encouraging more children, how could he just quit because of overbirth, it can only be said that the school has found an excuse to dismiss the teacher.
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At present, the third child has been fully released, and you can still give birth to **.
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Teachers who were dismissed because they were overborn are now not subsidized by the state. Because the birth was a violation of family planning laws at the time, there was generally no compensation for dismissal from public office. For teachers who are dismissed due to overbirth, some areas give living allowances, which belong to local subsidies, and only consult the local **.
At present, in Hebei, living allowances are given to those who have been teachers and leave their jobs for any reason. If such persons have difficulties in life, they can apply for subsistence allowance or minimum living assistance to solve their living problems.
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As the aging of the Chinese population is becoming more and more serious, the state encourages everyone to have more children, but not many can have children, and overbirths are still punished, so how to punish teachers for overbirth? Next, I will introduce you to the knowledge of how to punish teachers for overbirth, and I hope to help you solve the corresponding problems. OneHow to punish teachers for overbirth
They will be given warnings, demerits, demotions, or dismissal. According to Article 42 of the Population and Family Planning Law of the People's Republic of China:
Where a person who pays social maintenance fees in accordance with the provisions of Article 41 of this Law is a state functionary, he shall also be given an administrative sanction in accordance with law; Other personnel shall also be given disciplinary sanctions by the unit or organization to which they belong.
Article 5 of the Interim Provisions on the Punishment of Staff of Public Institutions The types of sanctions are:
a) Warning; 2) Demerit Duan Nadou;
3) Downgrading or removing from a post;
4) Expulsion. In practice, employees of public institutions who violate the provisions of the family planning regulations and give birth to children will be dismissed only if they refuse to pay social maintenance fees and maliciously conceal the facts.
2. Which department will enforce the fines for overbirth?
Article 4 of the Population and Family Planning Law of the People's Republic of China The people** and their staff members at all levels shall strictly administer according to law, enforce the law in a civilized manner, and shall not infringe upon the legitimate rights and interests of citizens in the implementation of family planning. Grip grinding.
Article 41: Citizens who do not meet the requirements of Article 18 of this Law to give birth to children shall pay social maintenance fees in accordance with law.
If the social maintenance fees that should be paid in full within the prescribed time limit shall be paid in full, a late fee shall be imposed in accordance with the relevant provisions of the State from the date of non-payment; If the payment is still not made, the family planning administrative department that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with law.
Family planning administrative departments and their staff members are protected by law in the performance of their official duties in accordance with the law.
The administrative departments for family planning, i.e., the family planning commissions and the administrative law enforcement departments for family planning, have the right to levy social maintenance fees from residents who give birth in violation of regulations (superbirths), not fines, but to measure the number of superchildren and the specific violation of family planning provisions.
Article 43 Anyone who refuses or obstructs the family planning administrative department and its staff members from performing their official duties in accordance with the law shall be criticized and educated by the family planning administrative department and stopped; where a violation of the administration of public security is constituted, a public security administrative sanction shall be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law. Therefore, when someone resists law enforcement (beating a law enforcement officer), the police station will participate in the handling.
3. How much is the fine for overbirth?
There is no unified national standard for fines for overbirths, but is determined by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees in accordance with the conditions of their respective provinces to formulate family planning regulations.
The above is to bring you the relevant knowledge about how to punish teachers who are overborn, teachers who are overborn are generally warned, demoted or expelled, but now they are only required to pay social maintenance fees for overstudents.
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Because if the employee is dismissed by the employer, he can theoretically receive compensation, and the company has no relationship with the employee's work, and the company has no right to impose any form of punishment on the employee. For the parties who have given birth to more than one child, they only need to pay social maintenance fees in accordance with the local regulations, and the employer has no right to dismiss the employee under this pretext.
Can I get compensation for being dismissed?
Yes, the overbirth does not belong to the statutory situation in which the employer can terminate the labor contract, so this is a unilateral illegal termination of the labor contract by the employer, and the employee may request the employer to continue to perform the contract, but if the employer is not required to continue to perform the contract, the employer shall pay compensation according to the number of years the employee has worked in the employer, and compensate for two months' wages for each full year, one month's salary for less than half a year, and two months' wages for less than half a year.
Nowadays, superbirth actually refers to the birth of a third child, and the company has no right to intervene in the superbirth of employees in any way. However, because most workers lack the ability to defend their rights, the company dismisses employees under the absurd excuse of superbirth, which shows that the legal system in terms of labor relations is completely indifferent, and the possibility of voluntarily paying compensation is very small.
We hope you find the above helpful, and if you still have any questions, please consult a professional lawyer.
Legal basis]:
Article 41 of the Population and Family Planning Law of the People's Republic of China.
If a person who pays social maintenance fees is a state functionary, he shall also be given an administrative sanction in accordance with law; Other personnel shall also be given disciplinary sanctions by the unit or organization to which they belong.
According to the law, compensation must be paid, and it is paid according to the number of years, for example, three months' salary is paid as compensation for three years of service. In addition, if the contract does not expire, the contract cannot be terminated arbitrarily, it must be terminated when it expires, otherwise compensation must be paid, and if there is no written contract, you can request the second month to the 12th month of the first year after the employer's salary, because the law stipulates that double wages must be paid within 12 months if you do not sign a written contract, and more than 12 months are deemed to have signed an indefinite term labor contract, and you still need to pay the aforementioned double wages.
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