If a staff member of a public institution is sentenced to punishment according to law, he shall be demoted or dismissed. Among them, those who are sentenced to more than fixed-term imprisonment according to law shall be dismissed. Give expulsion.
Article 14 of the Interpretation on Issues Concerning the Employment System of Judges in Public Institutions stipulates that if a person is sentenced to criminal detention or suspended sentence by a people's court, the unit may terminate the employment contract.
Criminal detention refers to short-term deprivation of personal freedom, detention nearby and forced labor. In China, it is one of the main punishments, and the detention period is 1 month to 6 months, and the maximum combined punishment for several crimes cannot exceed 1 year. Criminal detention has the following characteristics:
(1) If the sentence is shorter than fixed-term imprisonment, the public security organ shall execute it nearby.
(2) During the period of serving a sentence, detainees can go home 1~2 days a month, and workers can also get remuneration as appropriate.
(3) Whoever commits a crime after the expiration of criminal detention does not constitute a recidivist. The term of criminal detention shall be counted from the date of execution of the judgment; In case of detention before judgment, the detention 1 day shall be reduced to imprisonment 1 day.
Second, what are the characteristics of criminal detention?
Criminal detention is a penalty method that deprives criminals of short-term personal freedom and implements forced labor reform nearby. In China's penal system, criminal detention is a major penalty between public surveillance and fixed-term imprisonment, which has the following characteristics:
1. Criminal detention is a short-term free punishment. The minimum term of criminal detention is more than 1 month and the longest is no more than 6 months. Therefore, criminal detention is the lightest of the three kinds of freedom punishment in China, and criminals are detained and forced to reform through labor.
2. Criminal detention is applicable to criminals who have minor crimes but need short-term detention and reform.
3. Criminal detention is a penalty method of deprivation of liberty. Because criminal detention deprives criminals of their freedom, it is obviously different from public surveillance. As criminal detention is a penalty method, it is obviously different from administrative detention, criminal detention and judicial custody in terms of legal attribute, applicable object, applicable organ, applicable basis, applicable procedure and applicable period.
4. Criminal detention is a penalty method executed by public security organs nearby.
Criminal detention shall be carried out by public security organs in the nearest detention center, detention center or other places of supervision; During the execution, prisoners can go home for a day or two every month; Those who take part in labor may be paid as appropriate.
It can be seen that the criminal detention of the staff of public institutions represents some illegal and criminal acts. According to the employment system of public institutions stipulated in China, staff can be directly dismissed. Although some institutions will demote their staff according to the actual situation, it is very rare that they are sentenced to criminal detention but still have no impact on their work.
Are people in public institutions detained and expelled from public office?
Shanghai real estate lawyer Chen Boyang
Practice for 4 years | Beijing Shi Jing (Shanghai) Law Firm.
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Legal analysis: employees of public institutions may be expelled from public office after being sentenced to criminal detention. The specific situation needs to be analyzed according to the actual situation of the case. The "Reply on the Opinions on Handling the Administrative Criminal Punishment of the Staff of State Organs and Institutions" stipulates that if the staff of state organs and institutions are sentenced to criminal detention, their wages will be suspended during the period of criminal detention. After the expiration of the release period, if the original unit receives and assigns a formal job with the approval of the superior, it can be implemented with reference to the salary and treatment measures of the probation officer who was sentenced to punishment after the expiration of the probation period.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract
(2) Failing to pay labor remuneration in full and on time.
(3) Failing to pay social insurance premiums for laborers according to law.
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage 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 laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employer in advance.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions.
(2) Seriously violating the rules and regulations of the employing unit.
(three) serious dereliction of duty, corruption, causing great damage to the employer.
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it.
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law.
(6) Being investigated for criminal responsibility according to 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 extra month's salary:
(1) The employee is sick or injured outside the work, and cannot take up his original job after the prescribed medical treatment period expires, nor can he take up other jobs arranged by the employing unit.
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post.
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.