Non-active soldiers in the army, including employees. The use of civilian personnel in the army can reduce the adverse effects on professional and technical work of active servicemen due to restrictions on service and rank promotion, and maintain a stable high-level technical backbone team; At the same time, active servicemen can be less responsible for routine and technical work and do more military training and combat readiness, thus improving the combat readiness level of the troops. Therefore, civilian personnel have become an important part of the modern army.
The military has long used civilians. In China, there were civilian military personnel in the new army in the late Qing Dynasty, and they were also used in the army during the Republic of China, which was once called military families. After the founding of People's Republic of China (PRC), the China People's Liberation Army was established as a staff member. From 65438 to 0988, the whole army implemented the Provisional Regulations on Civilian Cadres of the China People's Liberation Army. According to the regulations, civilian cadres of the China People's Liberation Army are cadres who are not granted ranks within the military establishment quota, are an important force in army building, and are an integral part of the national cadre team.
Regulations on civilian personnel of the Chinese People's Liberation Army
(Promulgated by Order No.438 of the State Council and the Central Military Commission on June 23, 2005, and effective as of August 1 2005). )
Chapter I General Principles
Article 1 These Regulations are formulated in order to make use of social human resources to serve the army construction, standardize the use and management of civilian personnel, build a contingent of high-quality civilian personnel, and meet the needs of the revolutionization, modernization and regularization of the army.
Article 2 The term "civilian personnel" as mentioned in these Regulations refers to non-active personnel who are employed to work in the army in accordance with regulations and perform corresponding duties similar to those of active-duty officers (civilian cadres).
Article 3 Civil servants shall be appointed, enjoy the rights and perform the obligations stipulated in these Regulations.
Article 4 The recruitment and management of civil servants shall follow the principles of respecting labor, knowledge, talents and creativity, and adhere to the principles of appointing people on their merits, having both ability and political integrity, and selecting the best fairly.
Article 5 The General Political Department of the China People's Liberation Army is in charge of the civilian work of the whole army; The political organs of units at or above the regimental level are responsible for the work of civilian personnel in their own units.
Chapter II Rights and Obligations
Article 6 Civilian personnel shall enjoy the following rights:
(a) to participate in political life, political honor and spiritual and material rewards;
(2) Obtaining remuneration for labor and enjoying corresponding welfare benefits and social security;
(three) to obtain the necessary working conditions for performing their duties;
(4) The employment contract shall not be dissolved or punished unless due to the prescribed reasons or procedures;
(five) in accordance with the provisions of the conditions and procedures to terminate the employment contract with the employer;
(six) in accordance with the provisions of the application for personnel disputes.
Article 7 Civilian personnel shall perform the following obligations:
(a) loyal to the motherland, loyal to the China * * * production party, and strive to serve the army building;
(2) Abiding by the Constitution, laws, regulations and relevant military rules and regulations;
(3) Obey orders, obey orders, observe discipline and keep secrets;
(four) to perform the employment contract, according to the needs of the troops to participate in combat, military exercises, military training and handling emergencies;
(five) unity and cooperation, hard work, abide by professional ethics;
(six) to learn and master the scientific culture and professional knowledge needed to perform their duties, and improve their practical work ability.
Chapter III Employment Scope and Post Setting
Article 8 Civilian personnel may engage in professional and technical posts such as teaching, scientific research, engineering, health, culture and sports, books and archives, and some non-professional and technical posts such as management affairs and service guarantee in organs at or above the corps level and non-combat troops stationed outside remote and hard areas (hereinafter referred to as employers).
Civilian personnel are divided into professional and technical civilian personnel and non-professional and technical civilian personnel according to their positions.
Article 9 The number of civilian personnel in the whole army shall be determined by the Central Military Commission (CMC). The staffing and adjustment of the civilian personnel of the employing unit shall be determined by the competent organ of military organization in accordance with the authority of organization management.
Tenth civil servants job grade setting:
(a) professional and technical posts are divided into junior professional and technical posts, intermediate professional and technical posts and senior professional and technical posts;
(2) Non-professional technical posts are divided into six-level staff posts, five-level staff posts, four-level staff posts, three-level staff posts and two-level staff posts from low to high.
The level of non-professional technical posts corresponds to the corresponding job level of personnel in similar posts in public institutions as stipulated by the state.
Article 11 The names, numbers and grades of civilian posts shall be compiled and implemented in accordance with regulations.
Chapter IV Employment Conditions
Twelfth civilian personnel should meet the following basic conditions:
(1) Meeting the political conditions for enlisting citizens for active service;
(two) meet the requirements of job responsibilities and corresponding qualifications;
(three) with a bachelor's degree or above, but for those engaged in nursing, art, sports and other professional and technical positions, the academic requirements can be appropriately relaxed;
(4) being in good health.
The qualifications for civilian posts shall be implemented with reference to the professional and technical qualifications or post qualifications of active military officers (civilian cadres) in similar posts.
The physical conditions of civilian personnel shall be implemented with reference to the physical examination standards of citizens to be recruited.
Thirteenth the highest age for the first time to hire civil servants is:
(a) employed to junior professional and technical positions or six-level staff, five-level staff positions, at least 35 years of age;
(two) employed to intermediate professional and technical positions or four-level staff, three-level staff positions, at least 40 years of age;
(three) employed to senior professional and technical positions or intermediate staff positions, under the age of 45.
Article 14 The maximum working age of civil servants is:
(a) junior professional and technical positions or six-level staff, five-level staff positions, 40 years old;
(two) intermediate professional and technical positions or four-level staff, three-level staff positions, under the age of 45;
(three) senior professional and technical positions or second-class staff positions, male 60 years old, female 55 years old; Among them, those who work in senior professional and technical posts may be appropriately extended with the approval of military units.
Chapter V Establishment of Employment Relationship
Fifteenth when there is a vacancy in a civilian position, except for the confidential position, it should be openly recruited.
Article 16 The employing unit shall set up a civilian recruitment committee composed of the heads of the political organs of the employing unit, the staff of relevant departments and experts, and be responsible for organizing the examination, assessment and evaluation of candidates.
Seventeenth recruitment of civilian personnel in accordance with the following procedures:
(a) announced the recruitment positions, job qualifications and treatment;
(two) to conduct a preliminary examination of the candidates who meet the conditions stipulated in these regulations;
(three) through the preliminary examination, professional theory, skills and related scientific and cultural knowledge examination, intends to be employed as a senior professional and technical position or a second-level staff position, but also to organize a defense and review;
(four) through the examination, assessment or defense, review, political examination and physical examination;
(5) List of candidates for the primary election;
(six) examination and approval in accordance with the provisions of article eighteenth of these regulations;
(seven) signed an employment contract with the approved candidates.
Eighteenth employment of civilian personnel in accordance with the following authority for examination and approval:
(a) the employment of junior professional and technical positions and six-level staff and five-level staff positions shall be approved by regimental units;
(two) employed as intermediate professional and technical positions and four staff positions, approved by the department level units;
(three) employed as senior professional and technical positions and third-class staff positions, approved by the corps level units; The appointment of senior professional and technical positions, the contract period needs to be concluded to the highest working life of the position at the corresponding level, approved by the military unit;
(four) employed to the second level staff positions, approved by the corps level units.
Article 19 An employment contract shall include the following contents:
(1) Term of the contract;
(2) Job title and grade;
(3) job responsibilities;
(4) post discipline;
(5) Working conditions of the post;
(6) Wages, benefits and social security;
(7) Conditions for alteration, extension, renewal, termination and dissolution of the contract;
(8) Liability for breach of contract;
(nine) other matters that both parties think need to be agreed.
A labor contract shall be in written form. The employment contract is in triplicate, which shall be kept by the civilian personnel, the employing unit and the approving unit respectively.
Article 20 The term of a labor contract is as follows:
(1) Junior or intermediate professional and technical posts, or six-level staff, five-level staff, four-level staff and three-level staff posts, 1 to three years;
(2) Senior professional and technical positions and secondary staff positions, 1 to 4 years.
Civil servants recruited from fresh graduates of ordinary colleges and universities have a contract period of 6 years with probation and 5 years without probation.
The probation period is 1 month to 6 months for those who are employed as civilian personnel for the first time. The probation period is included in the employment contract; If there is a probation period, the probation period is included in the probation period.
Article 21 Upon the expiration of the employment contract, the employing unit may renew the employment contract with a civil servant who has been away from the post at the corresponding level for more than 1 year.
Article 22 If a civilian who works in a senior professional and technical post or a second-class staff post has worked in the same unit for 10 years, and the male is 50 years old and the female is 45 years old, the employer shall renew the contract with him until he reaches the maximum working life of the post at the corresponding level.
Article 23 If a civil servant and the principal responsible person of the employing unit have husband-wife relationship, lineal consanguineous relationship, collateral consanguineous relationship within three generations and close in-laws relationship, they may not hold posts in finance, material management, etc., nor may they hold posts with direct superior-subordinate leadership relationship.
Members of the Conscription Committee who are related to themselves as stipulated in the preceding paragraph shall withdraw from the conscription work.
Chapter VI Education and Management
Article 24 The employing unit shall, in accordance with the relevant provisions of military political work and the characteristics of civilian personnel, conduct ideological and political education for civilian personnel, and always do ideological work well to improve their ideological and political quality.
Article 25 The employing unit shall, according to the post responsibilities and work needs of civilian personnel, conduct pre-job training, on-the-job training and military training for civilian personnel.
The relevant competent departments of the armed forces shall organize and carry out professional training for civilian personnel in accordance with the principles of professional counterparts, consistent training and application, teaching according to needs and paying attention to practical results.
Article 26 The employing unit shall, in accordance with the employment contract and the relevant provisions of the army, make a comprehensive assessment of the morality, ability, diligence, performance, honesty and physical fitness of civilian personnel with the focus on performing their duties.
Assessment is divided into peacetime assessment and annual assessment, with peacetime assessment as the basis of annual assessment. The annual assessment results are divided into four grades: excellent, competent, basically competent and incompetent. The assessment results serve as the main basis for salary adjustment, rewards and punishments, renewal and dismissal of civil servants.
Twenty-seventh employers and higher authorities shall reward civilian personnel who have made outstanding contributions; Civilian personnel who violate military discipline should be criticized and educated, and disciplinary action should be given according to the seriousness of the case.
Measures for rewards and punishments for civilian personnel shall be formulated by the General Staff Department, the General Political Department and the General Logistics Department of the China People's Liberation Army.
Twenty-eighth civilian professional and technical qualifications examination and evaluation, in accordance with the relevant provisions of the state and the army. The professional and technical qualifications obtained by civilian personnel during their employment in the army are still valid after the termination or dissolution of the employment contract.
Article 29 The declaration and evaluation of achievements in science, technology and teaching of civilian personnel and the selection and commendation of outstanding talents shall be implemented with reference to the relevant provisions of the state and the army on active duty officers and civilian cadres.
Thirtieth civilian personnel to participate in combat, military exercises, military training and handling emergencies, should wear standard clothing, signs and signs. The specific measures shall be formulated by the General Staff Department and the General Logistics Department of China People's Liberation Army.
Article 31 The employing unit shall, according to the relevant provisions of the army and the post requirements of civilian personnel, do a good job in the daily management of civilian personnel, strictly implement various rules and regulations, and maintain a good work and life order.
Thirty-second military organs at all levels shall, in accordance with the division of responsibilities, strengthen supervision and inspection of the employment management of civilian personnel. If the employing unit employs civilian personnel in violation of the provisions of these regulations or infringes upon the rights and interests of civilian personnel, it shall be given informed criticism and ordered to make corrections.
Article 33 An employing unit may entrust a talent intermediary service agency affiliated to the personnel department of a local people's government at or above the county level to act as an agent for civilian personnel's personnel administrative relations, file management and other related affairs.
Article 34 In case of any dispute between the employing unit and the civilian personnel due to the performance of the employment contract, both parties may settle it through consultation; Unwilling to negotiate or failing to do so, the parties may apply to the unit at the next higher level of the employing unit for mediation. If the mediation is unwilling or fails, the parties may apply to the personnel dispute arbitration institution where the employer is located for arbitration; If a party refuses to accept the arbitration award, it may bring a lawsuit to the people's court according to law.
Chapter VII Wages, Welfare and Social Security
Article 35 The salary level of civil servants shall be determined according to the positions, tasks and actual contributions, with reference to the salary level of personnel in similar positions in public institutions, and shall be adjusted in a timely manner according to the level of social and economic development and the relevant provisions of the state and the army. For professionals and outstanding talents in short supply, the salary is appropriate.
Thirty-sixth civil servants' housing is socialized and monetized. Housing provident fund, housing subsidies and rent subsidies shall be implemented in accordance with the standards set by the people's government where the employer is located. Housing subsidies and rent subsidies are paid with wages. The purchase of local affordable housing by civilian personnel shall be handled in accordance with the relevant provisions on the socialization of military housing.
The employing unit may, according to the conditions of the unit, rent collective dormitories or individual dormitories to civilian personnel who have real housing difficulties during the employment period.
Thirty-seventh measures for the work car, vacation, family visit and travel expenses of civilian personnel shall be formulated by the General Staff Department, the General Political Department, the General Logistics Department and the General Armament Department of the China People's Liberation Army.
Thirty-eighth civil servants whose household registration is not in the place where the employer is located, their spouses and children, shall follow the relevant provisions of the state and the people's government where the employer is located.
Article 39 Employers and their civil servants shall participate in social insurance and pay social insurance premiums according to law.
The employer may, according to the relevant provisions of the state, establish supplementary insurance for civilian personnel.
The specific measures for employing units and their civil servants to participate in social insurance shall be formulated by the General Logistics Department of China People's Liberation Army in conjunction with the labor and social security departments, financial departments and personnel departments of the State Council.
Fortieth civilian personnel to participate in combat, military exercises, military training and emergency treatment during the living conditions and medical security, in accordance with the relevant provisions of the state and the army. Pensions for civilian personnel who died or were injured in the performance of the above tasks and military service shall be handled with reference to the relevant provisions of the Regulations on Pensions and Preferential Treatment for Soldiers.
Article 41 Civilian personnel employed by military units shall be included in their working years (length of service).
Chapter VIII Termination and Dissolution of Employment Relationship
Article 42 Where the employment contract of civilian personnel is terminated, the employing unit shall report it to the organ with examination and approval authority for the record; The termination of the employment contract of civilian personnel shall be examined and approved in accordance with the examination and approval authority for employing civilian personnel.
Article 43 A labor contract shall be terminated under any of the following circumstances:
(a) the contract expires and will not be renewed;
(two) the civilian staff has reached the highest length of service at the corresponding level;
(3) The termination conditions agreed by both parties appear.
If the term of the employment contract has expired and the participation of civilian personnel in combat, military exercises, military training and emergency response has not yet ended, the term of the employment contract shall be extended to the end of the task.
Forty-fourth employing units and civilian personnel can terminate the employment contract through consultation; Where the employing unit proposes to terminate the employment contract, it shall, in accordance with the relevant provisions of the state and the army, give economic compensation to the dismissed personnel.
Forty-fifth civilian personnel in any of the following circumstances, the employer may terminate the employment contract, without giving economic compensation:
(a) during the probation period, it is proved that it does not meet the requirements of the employment position;
(two) a serious violation of military discipline or the rules and regulations of the employer;
(three) dereliction of duty, causing great damage to the interests of the employer;
(4) being investigated for criminal responsibility or reeducation through labor according to law.
Forty-sixth in any of the following circumstances, the employing unit may terminate the employment contract and notify the civilian staff in writing 30 days in advance:
(a) the annual assessment of civilian personnel is incompetent;
(two) civil servants are sick or injured at work, and cannot work normally after the prescribed medical treatment period;
(3) The employment contract cannot be fulfilled due to the relocation, downsizing or cancellation of the employing unit.
If the employment contract is terminated in accordance with the provisions of items (2) and (3) of the preceding paragraph, the employing unit shall give economic compensation to the dismissed personnel in accordance with the relevant provisions of the state and the army.
Article 47 Under any of the following circumstances, the employing unit shall not terminate the employment contract in accordance with the provisions of Article 46 of these regulations:
(1) Suffering from occupational diseases while working in a civilian post;
(two) work-related injuries, after the end of treatment, the labor ability appraisal institutions identified as a level 1 to level 4 disability;
(3) Being sick or injured within the prescribed medical treatment period;
(four) female civil servants during pregnancy, childbirth and lactation;
(5) Other circumstances stipulated by laws and administrative regulations.
Article 48 Under any of the following circumstances, a civilian may terminate the employment contract:
(1) is in the probation period;
(2) Serving in active service according to law;
(three) the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.
Article 49 Except under the circumstances stipulated in Article 48 of these regulations, if a civil servant fails to reach an agreement with the employing unit when proposing to terminate the employment contract, he shall continue to perform the employment contract; After 6 months, if the employer fails to reach an agreement through consultation, the civilian personnel may terminate the employment contract.
Civil servants recruited from fresh graduates of ordinary colleges and universities may not terminate their employment contracts in accordance with the provisions of the preceding paragraph if the contract period is not full.
Fiftieth civilian personnel shall not unilaterally terminate their employment contracts during their participation in combat, military exercises, military training and handling emergencies.
Article 51 After the employment contract is terminated or dissolved, the flow of civilian personnel in classified posts shall be implemented in accordance with the regulations of the state and the army on the management of classified personnel.
Fifty-second after the termination or dissolution of the employment contract, the relationship with the original employer is terminated, and the original employer shall timely go through the formalities for the transfer of personnel administration, archives, social insurance and other relations in accordance with relevant state regulations.
Fifty-third civil servants who meet the retirement conditions of similar posts in public institutions stipulated by the state shall go through retirement procedures, and the management services and living security after retirement shall be incorporated into the social security system in accordance with relevant state regulations. The specific measures shall be formulated by the General Political Department and General Logistics Department of China People's Liberation Army in conjunction with the personnel department, financial department, labor and social security department of the State Council.
Chapter IX Supplementary Provisions
Article 54 These Regulations shall apply to civilian personnel of the Chinese People's Armed Police Force.
Article 55 These Regulations shall come into force as of August 2005.