In December 2019, Liu, an accountant at Shanxi Provincial Trade School, was transferred to Taiyuan No. 29 Middle School as a clerk, but after entering the school, he encountered the "dilemma" of transferring jobs. Liu said that not only could he not be transferred to the accounting post discussed in advance as scheduled, but also because the school's old accountants returned to work, he could only stay in the staff post and be "forced to eat empty pay."
Liu told Red Star News, "Since May 2020, I have not been to work in Twenty-nine Middle School, but I can still receive monthly salaries from the government on my salary card. He believed that the original transfer was an illegal operation, and he sued the Taiyuan Human Resources and Social Security Bureau and the Taiyuan No. 29 Middle School to the court, but they were rejected and rejected by the court because they did not fall within the scope of administrative litigation and civil litigation. According to the details of the salary passbook provided by Liu, 3,000 to 4,000 yuan were transferred in 2021 for many consecutive months, and from December last year to May this year, more than 7,000 yuan were transferred in every month.
In this regard, Zhai Mou, the principal of Taiyuan No. 29 Middle School, responded to Red Star News that since Liu was transferred to the school, the school has been actively dealing with his position, but the two sides have never reached an agreement, considering that Liu's family life is very difficult to continue to pay salaries. "His mother is in her 80s, and the two of them depend on each other and fire him, where is his source of livelihood?" As for the standard of Liu's salary, Zhai said, "The salary is being paid, and he has not removed his name, and the financial unity is so much money." ”
After the school accountant was transferred, he "ate empty pay" for 3 years
"Before I was transferred to No. 29 Middle School, I had been working at the Shanxi Provincial Trade School as an accountant." Liu told Red Star News that he was admitted to Shanxi Provincial Trade School through open recruitment in 2014, worked as an accountant in the school cafeteria, and then became a canteen warehouse manager and administrator due to the cancellation of the school canteen account. Later, he took the initiative to contact Li, the former principal of Taiyuan No. 29 Middle School, and asked him to help pay attention to whether other schools lacked accountants.
Through Li's help, Liu was transferred to Taiyuan No. 29 Middle School as a staff member in 2019. Liu said that at that time, Li promised that he would first temporarily transfer to the school as a staff member, and then transfer to an accounting post as soon as possible. But after transferring in, Liu found that the facts did not match his expectations. "First of all, Li did not transfer me to an accounting post as agreed, and without communicating with me and signing a job employment contract, he completed my transfer procedures, hired me as a staff member for three years, and reported to the Human Resources and Social Security Bureau." As a result, Liu said, his salary and salary-related social security standards have changed, "The difference is 500 yuan to 1,000 yuan." ”
Fact Sheet
In a statement with the official seal of the No. 29 Middle School in Taiyuan City, the Red Star News reporter saw that the school had explained to the local court on January 8, 2021 that during the transfer process of Liu's transfer to the school, the school did not sign a written employment contract with him before going through the salary procedures for him, and is currently paying his salary according to the nine-level standard of section staff. However, for the failure to sign a written contract, the school said that it had complained to the higher authorities about the matter, and also replied to Liu himself.
Liu said that after entering the No. 29 Middle School in Taiyuan City, he first "observed and familiarized" for a month, and then failed to work for more than three months due to the epidemic. Because the school could not implement his accounting position, and the school did not lack full-time managers (section staff), he applied to transfer back to his original school (Shanxi Provincial Trade School), "but the original school said that he could not let me go back directly, and had to pass the recruitment examination of the preparation class again." ”
"Being a staff member is not in line with the school's original intention of mobilizing me." Considering that there are already people in the accounting post of Taiyuan No. 29 Middle School, and there is no shortage of staff in the school, since May 2020, Liu has left school on his own and will not return to work, but he can still receive the salary from the Finance Bureau every month, "I feel like I am forced to 'eat empty pay'." ”
Liu said that Li, the former principal of Taiyuan No. 29 Middle School, was his former leader, and the two had worked together. In 2021, because of Liu's position, the Red Star News reporter contacted Li, and the other party said that he had retired and no longer dealt with the matter, but before Liu was transferred to the school, she was indeed responsible, "At that time, after he came to the school, he always asked to change from a clerk to accountant, and later because of this matter, he 'threatened' not to work." Li said that because the school's accounting work needed someone to maintain, coupled with the physical recovery of the former accountant Wu, who was willing to return to school to continue working, the school decided to still let Wu do the accountant. In this regard, Wu also told the Red Star News reporter that she was unable to return to school to work due to busy other projects, plus physical reasons, and later after her body recovered, the school asked her if she could continue to work, "I said okay, just go back to school." But before that, the school had never discussed anything with me about job transfers, and I didn't know about Liu. ”
Numerous lawsuits were unsupported
Liu told Red Star News that the No. 29 Middle School of Taiyuan City and the Taiyuan Education Bureau have also communicated with Shanxi Provincial Trade School many times, and have also issued an official letter requesting repatriation, but the original unit has always refused. After repeated unsuccessful negotiations, on March 8, 2021, Liu took the Taiyuan Municipal Human Resources and Social Security Bureau to court, arguing that he violated the relevant provisions of the Regulations of the State Council on Personnel Management of Public Institutions, the former Ministry of Personnel's Trial Measures for the Management of Post Establishment in Public Institutions, and the Implementation Measures for the Management of Post Establishment in Public Institutions in Shanxi Province, and reviewed and approved his transfer to No. 29. Request the court to revoke this administrative act.
Through prosecution, appeal and retrial, on November 15, 2022, the Higher People's Court of Shanxi Province issued an administrative ruling. According to the ruling, the Higher People's Court of Shanxi Province held after examination that the retrial applicant's claim was to revoke the respondent's approval for his transfer to Taiyuan No. 29 Middle School, and that this act was a personnel management act made by the respondent in response to the retrial applicant's job transfer. Due to the internal nature of the administrative examination and approval of personnel, finance, foreign affairs and other matters of other organs or public institutions directly under the administrative organs' management, it does not fall within the scope of administrative litigation and does not comply with the provisions of Article 49 (4) of the Administrative Procedure Law of the People's Republic of China, which states that "the initiation of litigation shall fall within the scope of the people's court's acceptance of the case", and the original trial ruled to dismiss the lawsuit, and the ruling was not improper. As a result, it was ruled to reject Liu's application for retrial.
The Higher People's Court of Shanxi Province rejected Liu's application for retrial
In addition, in the course of the above-mentioned administrative litigation, Liu also filed a civil lawsuit with the Wanbailin District People's Court of Taiyuan City, requesting the court to confirm that the defendant Taiyuan No. 29 Middle School had not concluded an employment contract and hired the plaintiff in accordance with the law; It is judged that the personnel (employment) relationship formed by the two parties without an employment contract is illegal. However, in the first instance, the court held that the plaintiff Liu's claim did not fall within the scope of the people's court's acceptance of personnel dispute cases of public institutions. Therefore, Liu's lawsuit is inadmissible. Thereafter, when Liu appealed and retried to the Taiyuan Intermediate People's Court and the Shanxi Provincial Higher People's Court, the appeal and retrial were rejected on the same grounds and the original ruling was upheld.
The Wanbailin District People's Court of Taiyuan City did not accept Liu's lawsuit
The Taiyuan Intermediate People's Court rejected Liu's appeal and upheld the original ruling
The Higher People's Court of Shanxi Province rejected Liu's application for retrial
Liu said that because he could not return to his original unit and was not transferred to work, his "empty pay" lasted for three years.
At present, it receives a salary of more than 7,000 yuan per month
Liu told Red Star News that from May 2020 to the present, he has never gone to school to work, and usually earns a living by working as an hourly worker in restaurants and hotels, but he can still receive thousands of yuan a month on his salary card.
According to the personal current passbook provided by Liu, on December 9, 2022, a sum of 7,764 yuan was transferred; On January 10, 2023, another 7,717 yuan was transferred in... Red Star News reporters also noticed that on February 9, March 9, April 7, and May 9, about 7,000 yuan were transferred.
The passbook details provided by Liu
The passbook details provided by Liu
Liu said that the money of more than 7,000 yuan is the monthly salary paid by the No. 29 Middle School in Taiyuan City, and the subsequent deduction of several hundred yuan expenses is the medical insurance, social security and other expenses withheld by the unit. It's just that I didn't go to work and couldn't get a pay slip, so I didn't know exactly how much I was paid. ”
In this regard, Zhai Mou, the principal of Taiyuan No. 29 Middle School, told Red Star News that although Liu did not go to work, he was indeed paying according to the normal salary standard every month. "This matter has not been completely resolved. In addition, there are many constraints that cannot be solved directly by dismissal. His mother is in her 80s, and the two rely on each other to fire him, where is his source of livelihood? Zhai said that the school has been actively dealing with the issue of Liu's position, and now still hopes to do Liu's ideological work first, "If there is no progress in this matter, it must be reported to the Education Bureau." ”
Zhai said that since the retirement of the previous principal Li, he took over the position of principal, and also mobilized the old accountant of the previous school to vacate the position. Later, he approached the Education Bureau and the Human Resources and Social Security Bureau to coordinate, and learned that the work post could be transferred to an accounting post, so he wanted to add an accounting post, but Liu did not accept, "He also said that I set up a post because of people." After learning that Liu wanted to return to his original school, he also went to the Shanxi Provincial Trade School six times to communicate, but the other party did not agree.
The Red Star News reporter asked what is the current salary standard for Liu, Zhai said that the current salary structure is like this, there is no only the most basic salary to say, Liu should be as much as the salary is, "The salary is being paid, and he has not removed his name, and the financial unity is so much money." As for why Liu's salary rose from more than 3,000 yuan to more than 7,000 yuan, Zhai said that Taiyuan City had raised his salary once before, "This is the normal salary of his staff post." ”
The employee involved believes that his transfer is illegal
When asked why he did not accept the school's increase in posts, Liu responded, "First, this transfer is illegal, and secondly, the policy does not allow the establishment of posts for people." Personnel transfer is only possible if there is a corresponding job vacancy, and people cannot be transferred in and then mobilize others to vacate their posts. Subsequently, Liu provided reporters with a document jointly issued by the Organization Department of the Taiyuan Municipal Party Committee of the Communist Party of China, the Taiyuan Municipal Human Resources and Social Security Bureau and other five departments, including the "Trial Measures for the Mobility of Personnel in Organs and Institutions in Taiyuan City" (and Renshe Fa [2018] No. 7). He said that Article 2.3 of them is the basis for the policy and regulation of transferring him from Shanxi Provincial Trade School to Taiyuan 29 in 2019.
Screenshot of the file
The Red Star News reporter noted that the second article of the above document clearly stipulates that "market adjustment is mainly used to select urgently needed talents for special positions and special needs." Liu further explained that he graduated from the accounting major and belongs to the general popularization major, and the transfer of his management post from Taiyuan No. 29 Middle School is not a special position, and he himself is not in urgent need of professional talents, "According to the provisions of the document, the relevant departments should not have approved and agreed to transfer him to Taiyuan No. 29 Middle School at that time." Moreover, there are old accountants in Taiyuan No. 29 Middle School itself, in fact, there is no shortage of people, if I can't be transferred at that time, it won't cause me to eat 'empty pay' for three years. ”
In addition, in a "Opinion on the Handling of Letters and Petitions" issued to Liu by the Taiyuan Municipal Education Bureau on March 3, 2023, the Red Star News reporter also saw that in September 2019, on the grounds of work needs, the former principal of Taiyuan No. 29 Middle School, Li, presided over a joint meeting of the party and government to study and agreed to transfer an accountant (Liu) from Shanxi Provincial Trade School. In October 2019, Taiyuan No. 29 Middle School submitted a request to the Municipal Education Bureau to transfer to Liu, and after preliminary review by the Personnel Department of the Education Bureau, it was studied at a meeting on October 22 and proposed to agree to the transfer of No. 29 Middle School to Liu. On November 7, 2019, the Municipal Bureau of Education reported Liu's transfer related materials to the Municipal Human Resources and Social Security Bureau for approval, and the Municipal Human Resources and Social Security Bureau proposed that because the school's accounting position was full, it could be transferred according to the management position first. The school informed Liu of this situation in advance, and Liu agreed to transfer in the management position first, and then the 29th Middle School and the Personnel Department of the Municipal Education Bureau handled the transfer procedures for Liu.
Opinions on the handling of petition matters
In addition, on the issue of eating "empty pay", the opinion statement stated that according to Liu's own request, the school communicated with Liu's original unit many times, and the original unit did not agree. During out-of-court mediation, provincial, municipal, and district people's courts all mobilized the original unit to transfer Liu back, but the original unit did not agree. Because Liu has not been at work for a long time, there is a problem of eating empty sounds. The school considered that Liu and his 80-year-old mother depended on each other and were dismissed, and there would be no source of livelihood, which would cause family life to be very difficult, so he couldn't bear it and temporarily paid his salary. The school has been persuading Liu to return to school and add an accounting position, but Liu still refuses to return to school. Liu's appeal was unreasonable and had no legal basis, and the relevant business departments and schools also actively carried out multi-party coordination efforts based on Liu's appeal, which could not be achieved. It is recommended that Liu return to work as soon as possible and carry out work in accordance with relevant system provisions.
Liu told Red Star News that he insisted that the transfer was an illegal operation and refused to work in the twenty-nine. As for the above-mentioned reply to the petition, Liu said that he had applied to the Taiyuan Municipal People's Government for a review.
On the afternoon of May 29, a reporter from Red Star News called the personnel department of the Taiyuan Education Bureau to inquire about the situation, but the operator said that he had just arrived at work and did not know about the matter. On the morning of May 30, the reporter called the Letters and Visits Office of the Taiyuan Municipal Education Bureau, and a staff member said that he could not give an answer.
Source: From Red Star News