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Will employees of state-owned enterprises be dismissed if they are sentenced to criminal detention or probation for drunk driving

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Will employees of state-owned enterprises be dismissed if they are sentenced to criminal detention or probation for drunk driving


        

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  • 2024-06-14 12:00:04

    1、 Staff members of public institutions not appointed by administrative organs may not be dismissed if they are sentenced to criminal detention or public surveillance. According to Article 22 of the Interim Provisions on Punishment of Public Institution Personnel, "Public institution personnel who are sentenced to criminal punishment according to law shall be given a punishment of demotion or removal from their posts." 2. Those sentenced to fixed-term imprisonment or criminal law shall be dismissed. According to Article 22 of the Interim Provisions on the Punishment of Public Institution Personnel, "Those who are sentenced to fixed-term imprisonment or more according to law shall be dismissed." 2. Public institution personnel appointed by administrative organs who constitute crimes shall be dismissed. According to the second paragraph of Article 22 of the Interim Provisions on the Punishment of the Staff of Public Institutions, "the staff of public institutions appointed by administrative organs who have been sentenced to criminal punishment according to law shall be dismissed." 3. Legal basis: the staff of public institutions who violate laws and disciplines and should bear disciplinary responsibility in accordance with Article 2 of the Interim Provisions on the Punishment of the Staff of Public Institutions, Sanctions shall be given in accordance with these Provisions. The staff approved to be managed according to the Civil Servant Law of the People's Republic of China in the public institutions with public affairs management functions authorized by laws and regulations shall be punished in accordance with the relevant provisions of the Regulations on the Punishment of Civil Servants in Administrative Organs. These Provisions shall apply to the punishment of the staff members of public institutions appointed by administrative organs, the staff members of public institutions with public affairs management functions authorized by laws and regulations who do not manage in accordance with the Civil Servant Law of the People's Republic of China, and the staff members of public institutions engaged in public affairs management activities entrusted by state administrative organs according to law; However, the procedures for the supervisory organ to investigate and deal with the above personnel's violations of laws and disciplines and the authority to make disciplinary decisions, as well as the personnel of the public institutions who are the objects of supervision who appeal to the supervisory organ against the disciplinary decisions, shall be handled in accordance with the Administrative Supervision Law of the People's Republic of China and its implementing regulations. Article 22 If a staff member of a public institution is sentenced to criminal punishment according to law, he shall be given a punishment of demotion or removal from office or above. Among them, those who are sentenced to fixed-term imprisonment or more according to law shall be dismissed. If a staff member of a public institution appointed by an administrative organ is sentenced to criminal punishment according to law, he shall be dismissed. Development data: Since the promulgation and implementation of the Interim Provisions on Punishment of Public Institution Staff (hereinafter referred to as the Provisions on Punishment), some localities and units have raised some issues that need to be further clarified. In order to implement the requirements of the central government for strict management of cadres, further standardize the punishment work of public institutions, and properly solve the problems in practical work, The following opinions are put forward. 1、 The competent departments of public institutions mentioned in the Regulations on Punishment, unless otherwise specified, shall be subject to the departments recorded in the column of "sponsor" in the legal person certificate of public institutions. 2、 If a staff member of a public institution is sentenced to criminal punishment according to law, the provisions of Article 22 of the Regulations on Punishment shall apply, and the provisions of Articles 13 and 14 on mitigated punishment or exemption from punishment shall not apply. 3、 If a staff member of a public institution who has been demoted or dismissed from his post has been adjusted in accordance with regulations and has been determined to be unqualified in the annual assessment, he will not be treated repeatedly as unqualified in the annual assessment. 4、 During the period of punishment, the staff members of public institutions shall not be employed to other types of posts, except those who are not allowed to work in the current type of posts according to relevant regulations. 5、 When a staff member of a public institution who works in both management and professional technical posts violates discipline and law and is given a punishment of demotion or dismissal, the level of the two types of posts shall be demoted at the same time, and the priority of demotion shall be determined according to the correlation between the violation of discipline and law and the nature of the post. 6、 The decision on the punishment of a staff member of a public institution sentenced to criminal punishment shall be made within one month after the judgment takes effect. 7、 If the staff of a public institution has violated the discipline and laws, and the relevant unit does not punish or handle according to the provisions, the relevant personnel shall be held accountable according to Article 45 of the Punishment Provisions. If the time limit for handling a case exceeds 12 months due to the above circumstances, the comprehensive personnel management department or the competent department of the public institution shall order the relevant unit or department to make a disciplinary decision according to law within one month. 8、 After the expiration of the punishment period, if the unit that originally made the decision on the punishment approves the dissolution of the punishment, it shall make a decision within one month from the date of expiration of the installment of the punishment. The time for dissolution of the punishment shall be calculated from the date of expiration of the installment of the punishment, and shall be noted in the decision on dissolution of the punishment. 9、 If a staff member of a public institution transfers to work in another public institution during the period of punishment, or the unit that originally decided on the punishment is merged or divided, the new unit with which he has established a personnel relationship shall implement the original punishment decision. 10、 If a civil servant is transferred to a public institution during the period of punishment, the original punishment decision shall continue to be implemented. After the expiration of the punishment period, the institution to which the punishment belongs shall, in consultation with the original unit that made the punishment decision, rescind the punishment decision in accordance with the relevant provisions. 11、 If a staff member of a public institution is punished by lowering his/her post grade, and there is no post grade to be lowered and his/her salary grade is lowered, the salary grade before the punishment will not be deemed to be restored after the punishment is lifted. 12、 According to the provisions of Article 44 of the Provisions on Punishment, if a retired public institution staff member is suspected of violating discipline and laws, no decision on punishment will be made, but the case shall be filed for investigation and the conclusion of investigation shall be made according to the procedure, so as to clarify the type of punishment that should be imposed on him. For those who should be given a punishment of demotion or dismissal, their pension insurance and other corresponding benefits shall be implemented according to relevant regulations. 13、 This opinion shall be implemented as of the date of issuance. On June 21, 2017, the Ministry of Human Resources and Social Security, let's extend this issue to the following: the Ministry of Human Resources and Social Security's Interim Provisions on the Implementation of Punishment of Public Institution Staff

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