If an employee of a public institution fails to come to work every three days, will he be fired?

No, our unit is not big, but as the old saying goes, small temple demons are strong, and shallow water is full of tortoises. No matter how small the unit is, there are a few weird people who are like rubber bands: Our office is in charge of logistics, and we are in charge of logistics. We interact with everyone in the unit, but there is a section chief who I haven’t seen in person for five or six years. He came to see me a few days ago because he wanted to issue a certificate. It took so long that his appearance changed, and I didn’t recognize him at first sight. .

Not to mention finishing work on time, this section chief never works in the office. If anything happens, I call him, but it is useless to call him. He never works. The middle-level cadres of the unit have to circulate the documents, so they jump over to him. The tasks assigned to the departments require signatures from the departments, so they can only go to the leader in charge. During the weekly office meeting, I call him. He always feels sick in his stomach and has no choice. join.

The most amazing thing is that you can't touch his face even if it is related to his personal matters. I was in charge of files and needed him to fill out his resume. He had a one-person office and told me to put the empty form into his office through the crack of the door. Then one morning I picked up the dirty form he had filled out on the office floor. .

In fact, he has certain abilities personally. Our unit is engaged in technology. He was born in 1968. He graduated from a famous polytechnic university in the 1980s. He is relatively strong in business. Generally, cadres are appointed by superiors. , he was recruited through the city’s public examination. His English proficiency is rare in the system. If you cannot translate some professional terms in English materials, you have to ask him for help.

The reason why he became like this is because he took a disciplinary action: system inspection work style, overt detection and covert defense. His office was on the sixth floor, but the computer was broken, so he had to fix it with the network administrator on the third floor. Computer, the inspector found that he was not on duty. His colleagues said that he was on the third floor. Of course the inspection team had to verify it, so they called him to come up. But he refused and told the inspector on the phone, you are just checking whether I am on duty. It cannot affect my work. I have something to do on the third floor. I want to verify whether it is true. Please come down. The inspector complained to our competent department, and the competent department gave him a disciplinary education, that is, a leadership talk and criticism education. It is not actually an administrative sanction, but he was also issued a document and recorded in the file. It is not very harmful but very insulting. , he was dissatisfied with this treatment.

He has a high self-esteem, is very low-key, and looks down on others. The most important thing is that he has a rich wife who is the CEO of a listed company and is worth hundreds of millions. He doesn’t care at all about how much money his company makes. If a person has a lot of money, no one can control him if he has no pressure in life. No matter which leader talks to him about work, he will just say: The more I do, the more I make mistakes. I work hard and still receive punishment and criticism. What should I do?

In the end, he became more and more troubled. When reporting personal property, he only filled in salary income. People said where is your house and car. He said that my wife bought it. Can you transfer it to me? Thank you. you. It is stipulated that the personal passports of intermediate-level leaders and above must be kept in unified custody by the unit. He also thought it was a personal item and refused to hand it over. The leader had no choice but to ask the person in charge to write an IOU. He signed it and it was regarded as safekeeping by the unit. He lent it out and settled the matter.

It’s not that the leader doesn’t want to take care of him, he is a bad leader. Anyone who takes care of him will say that you bully the weak and fear the strong. But when checking his attendance, we found that he clocks in at around 6 a.m. and 8 p.m. every day: his home is close to his work, and he exercises in the morning and clocks in when he goes out and passes his work in the evening. People who don’t know better think that he works overtime day and night to focus on work. If you want to remove him from his post, you have to report what he did. The competent department will definitely think that our leaders are useless and can’t even manage subordinates: During the last disciplinary education, he went to the director’s office to report to the director. He was a seed contestant on the college debate team back then and was very eloquent. He spent the whole morning chatting in the director's office. When he stepped forward, the director called our leader in and cursed him: He did nothing all morning and just listened to his speech. Does the leader dare to provoke him again? What's more, it's all a work relationship and not a personal grudge. Who is going to do something that offends people to death?

However, this awesome man was cured by his wife because his extramarital affair was exposed. Life is not perfect, and it is good to have a rich wife, but traveling all over the country, including abroad, all year round, there is rarely time to take care of the family, so this section chief was full of love one lonely night and fell in love with a married woman. On.

It is said that rabbits don’t eat grass near their nests. Not only did he eat it, but he also ate it very close to him. He became close to a female colleague in the same department. The father-in-law of the female colleague is also a small leader in our bureau. One can imagine how bloody the fight was. Anyway, the female colleague eventually got divorced first.

His female colleague got divorced furiously, and he was determined to get divorced, but no one tried to persuade her to do anything. At this time, you can see how powerful his wife is: she bought him a Land Rover and sent his daughter to study abroad. Money can make anyone rational. The section chief suddenly felt that if he got divorced, his living standard would change from heaven to earth. His determination to divorce was no longer so firm. Women are the most sensitive and immediately felt the change, so he started Urging, gradually forcing, and finally quarreling, quarreling and quarreling, the female colleague became discouraged, went on a blind date and remarried.

At this time, the section chief's wife filed for divorce: In fact, she had wanted to divorce for a long time, but she didn't want to make it easier for them, so she had to break up the couple before divorcing. His wife's company shares were not owned by him, and he was at fault, so he didn't get any money. He couldn't afford his daughter's expenses abroad, so his daughter returned to his wife. His wife said she would stay abroad in the future, and the section chief wanted to see her. It’s not that easy anymore.

The section chief felt that he had been tricked by his wife, and felt that his colleagues in the work unit would talk and laugh at him behind his back, so he did not want to appear in the work unit anymore. However, without his rich wife, work became more important, and he either Wear a baseball cap or a hoodie, and cover it up tightly early in the morning. You go to work before everyone comes, and you don’t get off work until everyone is gone. You made an agreement with the cafeteria aunt to leave some food for him, and we all finished eating. He comes down again and heats it up in the microwave before eating it. He is still not working in the office, but he is in his lounge, closing the door and curtain, hiding inside. You can definitely find him if you look for him, but we usually don't look for him. He, I think he has become a bit weird, but he is used to it anyway.

Article 15 of the "Personnel Management Regulations for Public Institutions" issued by the State Council in 2014 clearly stipulates -

According to this provision, employees in public institutions will not go to work every three days. If 1 If you exceed 30 days in total during the year, you will obviously be fired. This is very clear in policy.

However, although the theory is clear, the actual operation is another matter. In reality, very few people in public institutions, especially those on staff, have been fired or dismissed for this reason. The smaller and inconspicuous the unit, the more common and less likely it is that this situation of fishing for three days and drying the net for two days is more common. Someone is fired or laid off. The reason is that everyone eats from the same pot and cannot look up or down. As long as there is no hatred of taking away wives and killing fathers, no one will rashly destroy other people's jobs, do such things that harm others and do not benefit oneself, and create trouble for oneself. Rivals or contradictory opposites lay the foundation for personal development. Chinese people are accustomed to saying hello, me, and everyone. They pay attention to tact and moderation in dealing with people. The general environment of sophistication and sophistication determines that this kind of thing is unlikely to happen too often.

There are several real examples around me. One of them is an employee of a second-floor public institution affiliated to the company. It seems that I haven’t worked well since the first day I entered the company. Either I have something to do at home today, I’m not feeling well tomorrow, or I have to go to the hospital the day after tomorrow. I always take about ten days off a month, plus the statutory weekends, etc. During the holidays, I have at least half a month off. As has been the case for more than ten years, I still receive my salary, and there seems to be no problem. Of course, his family conditions are relatively good. His father works in the system as a small leader and has a certain personal relationship with the leader of his unit. The latter does not look at monks or Buddhas and often does not care about him. Objectively, he has given He has free space, giving him the opportunity to take leave every three days.

The situation of several other people around me is roughly the same. We can find several similarities among them: first, their family backgrounds are basically relatively good, either rich or well-connected, which gives them the confidence to skip work; second, although these people often skip work, they have A certain strategy is to respect and not offend the leader as much as possible; thirdly, they often do not compete for fame and fortune, do not pursue progress, and have no interest entanglements with others, which objectively creates good peripheral conditions for themselves to be idle.

Therefore, there is a reason why people in some public institutions often skip work without being fired. Although this trend cannot be encouraged, the reality exists objectively.

There are two people in our school who have been absent from work for a long time and are still counted as teachers.

One is a woman, transferred from other places. Her husband is in business and very rich.

On the day of registration, her husband drove her to school in a BMW. After completing the formalities, she went back with her husband.

After that, it was difficult to see her face. It is said that she teaches chemistry, and her name is never on the class schedule of the teaching office, let alone attending class.

When wages were paid at that time, you had to go to the General Affairs Office to sign and draw a deposit to collect the money. We only see her name on the payroll.

At first it was said that she was asking for marriage leave, and later it was said that she was asking for maternity leave.

Two years later, she only showed up occasionally, sometimes to collect salary, sometimes to find something to do with the principal.

As time went by, she became familiar with the teachers at the school, and she stayed in the school for a longer time, sometimes once a week, sometimes two or three times a week.

Don’t think she is here for class!

The purpose of her coming to school is to find someone to play mahjong with. The male teachers who played with her welcomed her very much, because her luck was really bad, and she would lose nine times out of ten! She lost more and more, and she often came home very late. Sometimes her husband drives to pick her up.

There were not many private cars in the 1980s and 1990s, so the teachers called her "Queen"!

As time went by, the teachers in the class had great opinions. She said that she didn't attend a single class, still got her salary, and had fun all day long!

In order to take into account everyone's emotions, the principal asked her to rest at home and never come to school again.

Have you fired her?

No! She is still employed as a teacher! It’s just that she has to pay a sum of money to the school, and the school lists her as an income generator for the school-run factory personnel.

This is not a problem, her husband has plenty of money. In this way, she remains a teacher, a teacher who never teaches.

Maybe he has retired now!

The other is a male teacher who teaches English. He was in his twenties at the time and was a student of our school.

In the early 1990s, "going overseas" to do business was advocated. He "went into the sea".

At first, like the female teacher, he paid a sum of money to be borrowed by the school's retained teachers. Later, because he had just joined the sea, his "water quality" was not good and he could not make money. In addition, the country had a "suspension of work without pay" policy, so he went through the formalities of "suspension of work with pay".

The result of "suspension without pay" is that we owe nothing. Even if he doesn't pay money to the school, the school won't pay him a salary.

"The sky is as high as a bird can fly, and the sea is as wide as a dragon can swim." After he stopped paying, he engaged in direct sales, sold insurance, and advertised... and finally made a lot of money by selling car GPS systems. .

Because his teacher establishment is still there, the "suspension without pay" policy has long been gone, and he cannot be fired. What should I do? Retire!

He is now retiring before the age of fifty, and his retirement salary (now called a pension) is more than 4,000 yuan. My pension is only more than 5,000 yuan.

He now has double money, one is the pension given to him by the state finance, and the other is the profits from his own business. Adding the two, the income is higher than that of a top-level teacher!

There is no doubt that public institution staff who do not come to work every three days will generally not be fired, but they can be fired in accordance with the law. Why do you say this?

The specific description of the subject is: The department's own work can be completed on time, but the things arranged by the leader are also delayed.

First of all, the staff of public institutions are included in the national public service establishment. They are hired in the name of the country in accordance with the law in accordance with the special procedures stipulated in administrative regulations - through the public recruitment process - and mainly provide services to the society. Full-time staff who provide professional and technical services to public institutions and whose wages and benefits are borne by the financial department are not only state workers, but also financial support personnel, and they are also the main part of public employees. At present, my country's administrative regulations applicable to the comprehensive management of staff in public institutions are the "Regulations on Personnel Management of Public Institutions", which were promulgated by the State Council in 2014 and will be implemented from July 1, 2014. Its legislative purpose is to standardize the personnel management of public institutions, protect the legitimate rights and interests of public institution workers, build a high-quality public institution staff team, and promote the development of public services.

From a macro level, it is undoubtedly a matter of course for the state to strengthen management of the workforce of public institutions with a total number of nearly 40 million people, impose strict requirements, and conduct assessments in accordance with regulations. From a personal point of view, every staff member of a public institution must naturally abide by the laws and regulations, do their job conscientiously, obey the work arrangements and deployment of the unit, and abide by the work discipline of the unit. After all, official occasions are by no means family. You can come and leave as you please, just follow your own temperament.

Secondly, how should we deal with those working in public institutions who do not come to work every three days? In the daily management work of public institutions, an attendance system is established normally. If something happens, you must ask for leave, and you are not allowed to miss work without any reason. Otherwise, what's the use of you?

For those who do not go to work every three days, if there is a complete attendance or sign-in work system, if the continuous absence from work exceeds 15 days, or the cumulative absence exceeds 30 days within a year, the unit will completely The employee has the right to unilaterally propose to terminate the employment contract in accordance with legal procedures, but it must be approved by the local social security department.

Article 15 of the "Regulations on Personnel Management of Public Institutions" clearly stipulates: "If a staff member of a public institution is absent from work for more than 15 working days in a row, or the cumulative absence from work exceeds 30 working days in 1 year, the public institution may terminate the work. Employment contract. "This is the clear basis for the policy, which specifically includes two legal situations: 1. Absence from work for 15 consecutive days at one time; 2. Absence from work for more than 30 days in a year.

What is important to emphasize here is that when the employer unilaterally proposes to terminate the employment contract, the employer actually only has the right to make suggestions and does not have the final decision-making power. The operating procedure is as follows: the unit reports to the local human resources department, and after review and approval by the human resources and social department, it submits it to the executive meeting of the local people's government at the county level and above for study and decision. In other words: The final decision-making power to terminate the employment contracts of public institution staff shall be exercised by the government executive meeting. In the final analysis, the state still adopts a very prudent and prudent attitude when it comes to handling state personnel and does not allow it to act on its own.

In addition, before the promulgation of the "Personnel Management Regulations for Public Institutions", the "Interim Regulations on the Assessment of Staff in Public Institutions" (Renhe Peifa [1995] No. 153) formulated by the Ministry of Personnel listed such situations as It is directly called dismissal. Therefore, what is now called termination of an employment contract is what was previously called dismissal.

To summarize, there are currently only two legal circumstances under which a public institution can unilaterally terminate an employment contract or fire its staff: one is failure to abide by the work discipline of the unit, being absent from work for 15 consecutive days or accumulating absenteeism within the year More than 30 days; the other is failure to pass the assessment, which in the final analysis means that you are simply incompetent for the job. Article 16 of the "Regulations" has clear provisions. Except for these two legal circumstances, public institutions have no right to terminate the employment contract of their staff.

Finally, answer the question raised by the questioner: Will employees of public institutions be fired if they do not come to work every three days? Here, it must be particularly emphasized that: expulsion is the most severe administrative or governmental sanction. It will cause the staff to be completely unemployed, and the legal consequences are very serious. Dismissal of staff within the system must meet the conditions stipulated in laws or administrative regulations: 1. The individual has indeed committed serious violations of laws and disciplines, and has even been held criminally responsible for constituting a crime; 2. The individual has violated the law For disciplinary violations or criminal acts, the unit or supervisory authority shall initiate investigation procedures in accordance with the law and the investigation is found to be true, or the court has made a criminal judgment in accordance with the law and has officially entered into force. Otherwise, there will be no prerequisites for dismissal of staff.

Under the current circumstances, the laws, administrative regulations, and administrative rules are based on the "Law of the People's Republic of China on Administrative Punishment for Public Employees" and the "Regulations on Personnel Management of Public Institutions" for the punishment of expulsion for staff of public institutions. , "Interim Provisions on Punishment of Staff of Public Institutions". That is to say: in order to expel employees of public institutions, very clear specific disciplinary provisions for violations of laws and disciplines must be found in the above three regulations. Otherwise, it will definitely have no basis in law.

It is obvious: if the staff of a public institution simply does not abide by the work discipline of the unit or is not qualified for the job, the general procedure is to terminate the employment contract, that is, to dismiss. Only when the individual has committed very serious violations of laws and disciplines that are proven upon investigation, or has been held criminally responsible according to law, can he be dismissed in accordance with the law. In the final analysis: dismissal and expulsion are completely different legal concepts for dealing with staff. Each has its own scope of application. It must be thoroughly distinguished and must not be confused and talked about.

The final summary is just one sentence: Employees of public institutions who do not come to work every three days will definitely not be fired, but they can completely terminate their employment contracts (dismissal) in accordance with the law. As for whether the unit will dismiss public institution staff who spend three days fishing and two days drying nets, it is actually entirely up to the unit itself. After all, different units have completely different management systems and assessment methods; at the same time, any system is implemented by people, some are implemented very strictly, and some are inevitably lax and muddle along. This is a no-brainer.

No. Not to mention working every three days, not working all year round, it's fine, nothing happens at all. Some leaders dare not ask, let alone take charge. [呲呲][呲呲]

It’s okay if you don’t go to work all year round (how do ordinary people care?!). The key is that those who don’t work, still work full time every year, and occupy the senior professional title establishment of the unit (others are too exhausted to get up), all benefits and remuneration are the same, and every penny is a lot (the rest of the people, on the contrary, ask for leave and have their salary deducted) Money.) The work that should be done by him (them) should be done by others as a matter of course (he takes possession of the achievements and does not bear the blame for work mistakes). He does not cause trouble and good things happen. Everything is nothing. I come here once in a while, arrogant, gesticulating, pointing out the world, and smiling proudly. Wouldn't you say it's magical? [cover face][cover face][cover face]

Do you have it there? friend.

Jobs are arranged according to the establishment of employees in public institutions. In principle, it is a carrot and an empty one. No one takes over and no one is qualified for the position. If you do not come to work every three days, you will still be paid. . No one asked. No one manages it. There must be a reason for this problem, right? Personally, I feel that public institutions must have strict rules and regulations, as well as a perfect punishment and handling system. 2. This person is responsible for managing logistics work, such as electrician, department manager, logistics, kitchen staff and handyman, etc. Treat splits differently. Why do you say you won't go to work? 3. If they are not members of the Logistics Department, it is not because the unit's organizational discipline system is not established or incomplete! 4. For such people, the unit's trade union, party committee, and disciplinary inspection office are responsible for talking down and solving the problem, and it should not affect the employees in the unit!

No, they have more than a month of annual leave. If you have something to do, you can deduct it from the annual leave. Some units have nothing more to do, so you can just click and leave, unless they have something better. place. If it's not good to care about the leader, then you can say goodbye.

There is no need to elaborate here on the cadre management regulations and other regulations. There are policies at the top and countermeasures at the bottom. There is still a certain gap between theory and practice.

Let me share a few real examples here:

1. Lao Chen is in his fifties this year and has been working for nearly thirty years. Throughout the year, he comes to work as many times as possible. You can count them all on one hand. He usually comes once in July when the party members meeting is held. You can hardly see him at other times, even at the all-cadres meeting.

2. Sister Zhang is in the business establishment and has been working for more than ten years. In the past few years, she partnered with others to do business. After it gradually improved, she focused all her energy on the business. She is now in the provincial capital. When doing business, except for calls from the head of the unit, other colleagues will not answer calls. But no matter whether the top leader scolded or persuaded her, she refused to come back or resign. Two years later, her performance was withheld, but she still had a basic salary of more than 2,000 per month, which she still received.

3. Brother Jin and Brother Hong are better than the two ruthless men mentioned above. At least you can see them every day, although you can only see them once, because they never know how to do it. They go to the office, sign in in the morning and then go home or go out to play. The boss turns a blind eye to this situation and just requires them to sign in on time every day. As for whether to go to work or not, that is their freedom. .

4. Xiao Wang is not yet thirty years old. He starts working three days fishing and two days drying nets. He comes after nine o'clock every day, takes a three-hour break at noon, and goes to work at four o'clock in the afternoon. If you want to leave, don't come to work on Thursdays and Fridays unless there are special circumstances. There is no way, his parents work in the hospital and can prove that he is sick every time before asking for leave.

There may be the above-mentioned ruthless characters in every unit. They are like fish that have slipped through the system. They do not seek advancement themselves, they just want leisure, and their biggest hope is to get paid. In fact, there are more than just these people, there are many people who want to do this but dare not do it. To be honest, isn’t it enviable that you can still get paid without going to work?

There used to be a popular jingle, as long as you are brave, you can have seven days off a week, and it is true.

Who dares not to come to work every three days? In fact, there are two types of people. First, the leaders who have retreated to the second line. The unit does not arrange their specific work, and the new leaders generally do not take care of them. Second, the old employees who are approaching retirement have few things to do in the unit, and young people do not want their old comrades to interfere. There are some things at work, so I spend three days fishing and two days drying nets. This is very common in real work units.

As far as most areas in the country are concerned, this situation will not happen, but it is necessary to communicate with the leaders in advance to show respect.

1. Within the system

Within the system, especially in administrative institutions, if the work volume of the unit staff is not large, or the leaders of the Buddhist-type survival personnel basically do not arrange work, there will be Individual staff members do not work every day. They only come to the unit occasionally when there is nothing to do, to check on the work, or to hang out when there is news. As long as they do not cause trouble to the leader, they will generally not be interviewed, let alone fired, so you Don't worry.

2. Prerequisites

Staff in public institutions do not go to work often. They cannot do whatever they want for three days of fishing and two days of drying nets. They also need to make some preparations and obtain the consent of the leaders. At the same time, Do not draw comparisons between colleagues. Communicate with the top leader in advance. Don’t arrange more work or not arrange work. Find a suitable reason to explain to the leader that it may not be frequent and get the leader to verbally agree. After communicating with the top leader, you need to talk to the supervisor or help leader. Communicate and show respect for the leader. Secondly, don’t cause trouble for the leader. For example, don’t strive for various benefits and benefits. The leader cannot give you a balance, such as not doing illegal and criminal things. Thirdly, if you have part of the job Be sure to handle the work well, be on call without delay, and fourth, express your feelings to the leader in a timely manner.

In fact, everything depends on human effort. As long as you don’t cause trouble and don’t show off, there will generally be no big problems.