Moreover, the education administrative department has no right to expel teachers. The Education Bureau has the right to investigate and deal with teachers who violate the law and discipline. In addition, the Personnel Bureau and the Supervision Bureau also have the right to investigate and deal with teachers who violate the law and discipline within their respective jurisdictions, but the expulsion decision can only be made by governments at all levels.
What are the conditions for teachers to be expelled from public office?
According to Article 2 of the Civil Service Law: "The civil servants mentioned in this Law refer to the staff who perform public duties according to law and are included in the state administrative establishment, and their wages and benefits are borne by the state finance" and Article 3: "This Law shall apply to the obligations, rights and management of civil servants". The dismissal of teachers from public office shall conform to the provisions of Articles 53 to 59 of the Civil Service Law.
legal ground
Civil servant law
Fifty-third civil servants must abide by discipline and shall not commit any of the following acts:
(1) Spreading remarks damaging the reputation of the country, or organizing or participating in activities such as assembly, procession and demonstration aimed at opposing the country;
(2) Organizing or participating in an illegal organization, organizing or participating in a strike;
(three) dereliction of duty, delaying work;
(4) refusing to carry out the decisions and orders made by superiors according to law;
(five) to suppress criticism and take revenge;
(six) fraud, misleading and deceiving leaders and the public;
(seven) corruption, taking advantage of his position to seek personal gain for himself or others;
(eight) violation of financial discipline, waste of state assets;
(nine) abuse of power, infringe upon the legitimate rights and interests of citizens, legal persons or other organizations;
(10) divulging state secrets or work secrets;
(eleven) damage the honor and interests of the state in foreign exchanges;
(twelve) to participate in or support pornography, drug abuse, gambling, superstition and other activities;
(thirteen) in violation of professional ethics and social morality;
(fourteen) to engage in or participate in profit-making activities, and to work part-time in enterprises or other profit-making organizations;
(fifteen) absenteeism or business trip, after the expiration of the leave without justifiable reasons;
(sixteen) other violations of discipline.
Article 54 If a civil servant thinks that a decision or order of a superior is wrong when performing official duties, he may make suggestions to the superior to correct or cancel the decision or order; If the superior refuses to change the decision or order, or demands immediate execution, the civil servant shall execute it, and the consequences of execution shall be borne by the superior, and the civil servant shall not bear the responsibility; However, civil servants who execute decisions or orders that are obviously illegal shall bear corresponding responsibilities according to law.
Article 55 If a civil servant should bear disciplinary responsibility for violating laws and disciplines, he shall be punished in accordance with this Law; If the violation of discipline is minor and is corrected after criticism and education, it may be exempted from punishment.
Article 56 Punishment is divided into warning, demerit recording, gross demerit recording, demotion, dismissal and dismissal.
Article 57 The punishment of civil servants shall be clear in facts, conclusive in evidence, accurate in nature, appropriate in handling, legal in procedure and complete in formalities.
If a civil servant violates discipline, the punishment decision organ shall decide to investigate the civil servant's disciplinary behavior, and inform the civil servant himself of the facts found in the investigation and the basis for the proposed punishment. Civil servants have the right to make statements and defend themselves.
If the punishment decision-making organ thinks that civil servants should be punished, it shall make a punishment decision within the prescribed time limit and in accordance with the management authority and the prescribed procedures. The punishment decision shall be notified in writing to the civil servant himself.
Fifty-eighth civil servants shall not be promoted to their posts and ranks during the period of punishment, and shall not be promoted to the salary level if they are punished by demerit, gross demerit, demotion or dismissal.
The penalty period is: warning, six months; Remember for twelve months; Remember the big mistake, eighteen months; Demotion and dismissal, 24 months.
Those who have been removed from their posts shall be demoted in accordance with regulations.
Fifty-ninth civil servants who have been punished other than dismissal have repented during the punishment period and have not violated discipline again. After the expiration of the punishment period, the punishment decision organ shall lift the punishment and notify them in writing.
After the punishment is lifted, the promoted salary grade, rank and position will no longer be affected by the original punishment. However, if the demotion or dismissal is lifted, it shall not be regarded as restoring the original rank or post.