Recently, many friends have consulted me, hoping that I can write a detailed article to analyze in depth how the salary of the staff of government agencies and institutions will be affected after being subjected to criminal punishment or disciplinary action. This is indeed a complex and delicate topic, because it is closely related to policies and regulations, and it is both deep and sensitive.
As early as 2015, the Organization Department of the CPC Central Committee, the Central Political and Legal Commission, the Ministry of Human Resources and Social Security, and the State Civil Service Bureau jointly issued the "Notice on Further Improving the Handling of Wages and Benefits of Staff of Organs and Institutions after Being Taken Compulsory Measures and Punished by Punishments", namely Document No. 17 (2015). The document once again stresses the issue of how to adjust the salaries and benefits of the staff of government agencies and institutions after they are subject to compulsory measures or disciplinary sanctions.
According to the spirit of this document, after compulsory measures are taken, the remuneration of civil servants is mainly based on Document No. 104 issued by the Ministry of Human Resources and Social Security, while after being disciplined, the treatment of salary and benefits is mainly based on Document No. 105 issued by the Ministry of Human Resources and Social Security (2010). For the staff of public institutions and government workers, when they are subject to compulsory measures, the Ministry of Human Resources and Social Security Fa (2012) No. 68 document applies, and after being punished, their wages and benefits are adjusted according to the Ren She Fa (2012) No. 69 document.
Below, I will briefly introduce the core content of these documents. For those who wish to know more about it, I suggest that you find the original text of these documents through a web search and read the provisions carefully. What I'm providing here is just an overview and a basic guide.
First, the salary and treatment of civil servants after compulsory measures have been taken.
According to the provisions of Document No. 104 issued by the Ministry of Human Resources and Social Security (2010), during the period when civil servants are subject to compulsory measures, the basic salary shall be suspended, and living expenses shall be calculated and paid at 75% of their original basic salary, and the number of years of service shall not be counted. and where they are not found guilty after the compulsory measures are completed, their wages and benefits are to be restored, the reduced wages are to be repaid, and the number of years of service is to be calculated during the period of the compulsory measures.
Where civil servants receive criminal punishments, and the organ making the sanction decision has not yet made a decision to dismiss them, the original salary and benefits are to be cancelled from the date on which the people's court's judgment takes effect.
During the period when compulsory measures are taken after the retirement of a civil servant, the payment of retirement allowance shall be suspended, and the living allowance shall be calculated at 75% of the original basic retirement allowance. If criminal punishment is waived after examination and verification, the retirement allowance shall be restored, and the reduced retirement allowance shall be reissued.
During the period of administrative detention after retirement, the payment of retirement allowance shall be suspended, and the living allowance shall be calculated and paid at 75% of the original basic retirement allowance. After the expiration of the term, the basic retirement fee will be reduced by 2%.
During the period during which a civil servant is sentenced to controlled release, short-term detention or a suspended sentence of short-term detention or a suspended sentence of fixed-term imprisonment after retirement, the payment of retirement benefits shall be suspended, and living expenses shall be calculated at 60% of the original basic retirement allowance. Where the original sentence is not to be enforced after the completion of the criminal punishment or at the completion of the probationary period of the suspended sentence, the basic retirement allowance is to be reduced by 40%, and the subsidy is to be determined by the clerk.
Where civil servants are sentenced to fixed-term imprisonment or higher after retirement, the original retirement allowance is to be revoked from the date on which the people's court's judgment takes effect. The living benefits after the completion of the criminal punishment shall be handled at the discretion of the unit that originally paid the retirement allowance.
Second, the wages and benefits of the staff of public institutions and government agencies after compulsory measures have been taken.
According to Document No. 69 issued by the Ministry of Human Resources and Social Security (2012), the staff of public institutions and government workers are subject to compulsory measures, their wages and benefits are suspended, and living expenses are calculated and paid at 75% of their original basic salary, and the number of years of service is not counted. After the compulsory measures are lifted, where a acquittal is announced, wages and benefits are to be restored, the reduced wages are to be repaid, and the number of years of service is to be calculated during the period during which the compulsory measures are taken.
Where compulsory measures are taken against the staff of public institutions and government agencies after retirement, the payment of retirement allowance shall be suspended, and the living allowance shall be calculated and paid at 75% of the basic retirement allowance. Where criminal punishment is waived after review and verification, and responsibility for disciplinary violations is not pursued, the retirement allowance shall be restored, and the reduced retirement allowance shall be repaid.
During the period during which a public institution staff member or a worker of a government agency is sentenced to controlled release, short-term detention, or short-term detention and is given a suspended sentence after retirement, the retirement allowance shall be suspended, and the living allowance shall be calculated at 60% of the original basic retirement allowance. Where the original sentence is no longer served after the completion of the criminal punishment or at the end of the probationary period of probation, the basic retirement allowance is to be reduced by 12%.
During the period of probation and probation for the period during which the staff of public institutions and government agency workers are sentenced to fixed-term imprisonment after retirement, the payment of retirement benefits shall be suspended, and living expenses shall be calculated and paid at the rate of 60% of their original basic retirement allowance. Where the original sentence is no longer served at the end of the probationary period of probation, the basic retirement allowance is to be reduced by 40%.
Employees of public institutions and workers of government agencies who are sentenced to fixed-term imprisonment after retirement shall have their original retirement benefits revoked from the date on which the judgment of the people's court takes effect. The living benefits after the completion of the criminal punishment shall be handled at the discretion of the unit that originally paid the retirement allowance. If you have participated in the endowment insurance and the basic pension is calculated and paid in accordance with the relevant provisions of the endowment insurance, the treatment method shall be implemented in accordance with the provisions of the state on endowment insurance.
Third, the salary and benefits of civil servants after they are punished.
According to the provisions of Document No. 105 issued by the Ministry of Human Resources and Social Security (2010), civil servants who are punished with warnings shall not be reduced in their salaries, grade salaries and allowances; During the period of sanctions, they must not be promoted to a higher level or grade salary grade.
Those who are subject to the punishment of demotion shall be lowered by one level, and the salary of the grade shall be lowered to the nearest lower level of the salary grade corresponding to the lower level, and the allowance and subsidy shall be correspondingly reduced according to the standard determined according to the level; for those who are dismissed, the salary of the post shall be determined according to the new post, and the level shall be determined according to the corresponding reduction of two levels for each post level, with the minimum reduced to 27 grades; and the original salary and benefits shall be cancelled from the month following the punishment of civil servants who are dismissed.
Retirement allowance for civil servants who are held accountable for political discipline after retirement. Where a civil servant has already retired before the sanction decision is made or has violated the law and discipline after retirement, and shall be given a warning, demerit, or major demerit in accordance with the law, the retirement allowance shall not be reduced; Where the sanction of dismissal shall be given in accordance with law, and where the level of the post in which the retirement benefits are not re-defined, the basic retirement allowance shall be reduced by 12 percent; and where the sanction of dismissal shall be given in accordance with the law but no criminal punishment has been given, the basic retirement allowance shall be reduced by 25 percent.
Fourth, the wages and benefits of the staff of public institutions and the workers of government agencies after they have been punished.
According to Document No. 68 issued by the Ministry of Human Resources and Social Security (2012), if a staff member of a public institution receives a warning or demerit, he shall not reduce the post salary, salary scale and allowance;
Where a person is subject to a reduction in post level or dismissal, from the month following the decision on the sanction, the post salary, performance salary, and allowances and subsidies are to be determined according to the newly hired (appointed) post, and the salary scale is to be determined by the corresponding reduction of the salary scale by two levels for each post level reduction, and the minimum is reduced to the starting salary scale of the newly hired (appointed) post. If there is no post level to be reduced, the post wage will not be reduced, and the salary scale and salary shall be determined according to the reduction of two levels, and the minimum salary scale shall be reduced to L level of salary scale. Where the staff of public institutions or workers of government organs are dismissed, their original wages and benefits shall be cancelled from the month following the decision on the sanction.
To sum up, the Ministry of Human Resources and Social Security has a complete set of policies and regulations on the wages and benefits of the staff of government agencies and institutions after being subject to compulsory measures and punishments. In accordance with the spirit of Document No. 104 (2010), all localities are required to conscientiously implement the spirit of the four documents issued by the Ministry of Human Resources and Social Security, establish and improve the information notification system, and ensure that the spirit of these four documents is truly implemented.