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What kind of occupation is a civil servant?
Civil servants enjoy the following rights: (1) to obtain the working conditions that should be possessed to perform their duties; (2) It shall not be dismissed, demoted, expelled or punished without legal reasons or legal procedures; (three) to receive wages and enjoy welfare and insurance benefits; (4) participate in training; (five) to criticize and make suggestions on the work of organs and leaders; (6) lodging complaints and accusations; (7) applying for resignation; (eight) other rights as prescribed by law. This article is about the rights of civil servants. The meaning of civil servants' rights: first, civil servants' rights are based on their status; Second, the state stipulates the rights of civil servants in order to enable civil servants to effectively exercise their functions and powers and perform official duties; Third, the specific content of civil servants' rights, that is, in the process of performing public duties, civil servants themselves can do certain acts, and they can ask others to do or not do certain acts; Fourth, the specific content of civil servants' rights is clearly stipulated by the state, and the exercise of civil servants' rights is guaranteed by state laws. According to China's Civil Service Law, civil servants enjoy the following rights: 1. Obtain the working conditions necessary for performing duties. As the executor of national laws and policies, the state has the right to require civil servants to perform their duties, and at the same time, the state should provide due working conditions for civil servants to perform their duties. Foreign civil servant laws also have similar provisions. The right of civil servants to obtain the working conditions they should have to perform their duties has two meanings: first, civil servants have the right to obtain the protection of working conditions; Second, the protection of such working conditions is in line with the duties of civil servants. The guarantee of working conditions means that civil servants have the right to require certain working conditions to be guaranteed in order to perform their duties, perform official duties and exercise their functions and powers. Without certain working conditions, civil servants can't perform their official duties and complete their tasks well. Good working conditions are the guarantee for civil servants to perform their official duties and complete their tasks normally, and are also conducive to improving their work efficiency and quality. Working conditions mainly include office location, office supplies and so on. The working conditions required by civil servants are constantly updated with the progress of social economy and science. The guarantee of civil servants' working conditions should be adapted to their duties. The working conditions that civil servants have the right to obtain are what civil servants should have to perform their duties, and the working conditions that they should obtain are limited to performing their duties. First of all, the working conditions of civil servants should be necessary to perform their duties, that is, without working conditions, civil servants cannot perform their duties normally. For example, civil servants engaged in maritime anti-smuggling must have an anti-smuggling boat with a certain horsepower, weapons capable of resisting criminals, and communication equipment connected with land. Without these tools and equipment, civil servants engaged in maritime anti-smuggling activities cannot carry out anti-smuggling activities. Secondly, the working conditions of civil servants should not exceed the scope necessary to perform their duties. Thirdly, the working conditions of civil servants should be what they need during their duties, that is, civil servants can only use these equipped tools and equipment during their duties. Two, not for legal reasons, not through legal procedures, shall not be dismissed, demoted, expelled or punished. Once a civil servant is appointed, he may not be dismissed, demoted, dismissed or punished without legal reasons and procedures. This is the so-called right to protect his position and identity. To stipulate the right of civil servants' identity protection, first of all, this is the need to ensure civil servants to perform their duties fairly. In the process of performing official duties according to law, civil servants may infringe upon the interests of some individuals or groups. These individuals or groups may exert undue influence or pressure on civil servants or even persecute them by virtue of their power. Cause civil servants to be illegally dismissed, demoted, expelled or punished. In this case, in order to ensure that civil servants can perform their duties normally, effectively and fairly, the law must provide certain protection for civil servants, so that civil servants can avoid illegal punishment, perform their duties smoothly and safeguard the interests of the country and the people. Secondly, it is necessary to maintain the stability of the civil service. Modern society, economy and science and technology are changing with each passing day, and all kinds of new things and phenomena emerge one after another. In order to maintain the good operation of the state machine and maintain the stability and sustainable development of society, a large number of civil servants with professional knowledge and high quality are needed to engage in state management and social management. The position and identity of civil servants are guaranteed, and they will not be illegally deprived for no reason, which will make civil servants feel stable in their work, help them to work with peace of mind, and regard their work as a lifelong career, thus urging them to pay attention to accumulating knowledge and experience, constantly improving their professional ability and improving their work efficiency. The contents of civil servants' job rights and identity protection include: First, civil servants are not dismissed, demoted, expelled or punished for non-statutory reasons. The reasons for the dismissal of civil servants generally include: post change; Promotion or demotion; Unable to work normally for more than one year due to physical health; Retirement, and so on. The reasons for civil servants' demotion are generally: those who are determined to be incompetent by regular assessment and those who are incompetent in their current positions are adjusted and demoted. The main reasons for the dismissal of civil servants are: in the annual assessment, they were determined to be incompetent for two consecutive years; Not competent for the current job and not accepting other arrangements; I refuse to make reasonable arrangements because my office needs to adjust, cancel, merge or reduce the staffing; Failing to perform the obligations of civil servants, not observing the discipline of civil servants, not changing after education, not suitable for continuing to work in the organs, and not suitable for dismissal; Absenteeism, business trip, and failure to return for more than fifteen consecutive days without justifiable reasons, or more than thirty days in a year. The reason why civil servants are punished is that they violate the law and discipline. Second, it will not be dismissed, demoted, dismissed or punished without legal procedures. Legal procedures refer to all legal procedures that civil servants must go through when they are dismissed, demoted, expelled or punished. For example, to punish civil servants, it is generally necessary to go through procedures such as approving the filing of a case, organizing an investigation, listening to my defense, writing investigation materials and punishment opinions, and examining and approving according to management authority. These procedures should be clearly defined by laws and regulations and strictly implemented. Only strict procedures can ensure the correctness of the above-mentioned personnel's handling and reduce the error handling. Three, receive wages, enjoy welfare and insurance benefits. The work of civil servants is an indispensable and effective labor for the country and society. Without the hard work of civil servants, there would be no normal operation of the country and economic and social activities would be in chaos. Wages, welfare and insurance benefits belong to the labor remuneration of civil servants. The right to receive wages and enjoy welfare insurance benefits is the basic right of civil servants, the economic right of civil servants and the economic guarantee for their work and life. Civil servants should enjoy economic rights commensurate with their status and role. At the same time, civil servants get paid and enjoy welfare and insurance benefits, which is also an incentive measure to mobilize the enthusiasm of civil servants and urge them to perform their official duties seriously. The labor remuneration of civil servants in China is generally expressed as wages, which is the monetary expression of consumer goods distributed to individuals by society according to the principle of distribution according to work. The salary of civil servants is a necessary condition for civil servants to maintain their lives, and it also reflects their position and role in society. The salary of civil servants includes basic salary, allowance, subsidy and bonus. The allowances for civil servants include regional additional allowances, allowances for hard and remote areas, post allowances and so on. Civil servants enjoy housing, medical care and other allowances and subsidies in accordance with state regulations. Civil servants who are determined to be excellent and competent through regular assessment shall enjoy year-end bonuses in accordance with state regulations. The salary of civil servants is guaranteed by the state finance. What needs to be pointed out is: First of all, except for a few civil servants who engage in the appointment system, as far as the main team is concerned, although civil servants have the right to receive wages, they have no right to negotiate and make decisions on wage standards, that is, civil servants cannot agree on their own wage standards with the state, and the state unilaterally determines the wage standards of civil servants, and civil servants have no right to express their intentions, let alone reach an agreement with the government. Secondly, the right to remuneration means that the salary of civil servants should be paid in full and on time, and no organ may deduct, deduct or default on the salary of civil servants. Civil servants enjoy welfare and insurance benefits. The contents are as follows: Civil servants who enjoy vacations in accordance with state regulations and work overtime outside legal working days shall be compensated; Civil servants receive help and compensation in the case of retirement, illness, work injury, maternity and unemployment; Civil servants who are disabled in the line of duty enjoy the disability treatment prescribed by the state; If a civil servant dies or dies in the line of duty, his relatives shall enjoy pensions and preferential treatment prescribed by the state. The funds needed for the welfare of civil servants shall be guaranteed by the state finance. The state improves the welfare benefits of civil servants according to the level of economic and social development, and no organ may, in violation of state regulations, reduce the welfare benefits of civil servants without authorization. Fourth, attend the training. Civil servants have the right to participate in training. First of all, the participation of civil servants in training is stipulated by the Constitution. Article 46 of the Constitution of China stipulates: "The people and citizens of China have the right and obligation to receive education." The right of civil servants to participate in training is consistent with the right of citizens to receive education. In other words, the right of civil servants to participate in training is the embodiment of citizens' right to education in civil servants. Secondly, the participation of civil servants in training is an inevitable requirement for civil servants in the development of modern social economy and science and technology. With the development of social economy, the progress of science and technology, and the arrival of the era of knowledge economy, the social division of labor is becoming more and more detailed, and there are more and more affairs that the state needs to manage, and the work content, working methods, working means and working environment of civil servants are also constantly developing. The work of civil servants is becoming more and more professional, complicated and scientific. Only by receiving lifelong education and constantly enriching and improving can civil servants adapt to the requirements of modern society. Third, participating in training is also the need of civil servants' own development. In order to seek their own development, civil servants also need learning and training opportunities to supplement and update their knowledge, improve their knowledge structure and tap their potential. Only in this way can they adapt to the requirements of social development, perform their duties, and perform their duties competently and creatively. In addition, the training and academic performance of civil servants are the contents of civil servants' assessment, and they are also one of the basis for their appointment and promotion. Participating in training is also the need for civil servants to be promoted. In order to protect the training rights of civil servants, the state has established a special training institution for civil servants, and the organ may entrust other training institutions to undertake the training tasks of civil servants as needed. According to the requirements of civil servants' job responsibilities and the requirements of improving the quality of civil servants, the organs conduct classified training for civil servants. V. Criticism and suggestions on the work of organs and leaders. Article 41 of the Constitution stipulates: "The people of China and the citizens of China have the right to criticize and make suggestions to any state organ or functionary." Article 4 1 of the Constitution is the direct basis for setting this right for civil servants. As a citizen, you can make criticisms and suggestions to any state organ or state functionary on the basis of this right; As civil servants, they have the right to criticize and suggest the work of their own organs or higher authorities and their leaders. Civil servants directly participate in state management and implement the principles and policies of the party and the state in state management activities. They know the situation of their own organs, higher authorities and their leaders best, and are most aware of the defects in all aspects of state management activities. Therefore, emphasizing this right of civil servants will help organs at all levels to overcome bureaucracy, improve work efficiency and improve work quality. The leaders of any organ cannot suppress the criticism and suggestions of civil servants. Criticism is to point out the shortcomings and deficiencies in the work of organs and their leadership. Criticism is the embodiment of civil servants' sense of responsibility. Suggestions are the opinions of civil servants on improving their work and the performance of civil servants' initiative. The right of civil servants to criticize and suggest includes several meanings. First, the object of criticism and suggestions. Civil servants can make criticisms and suggestions to their departments or subordinate organs and their leaders, and also to other departments or non-subordinate organs and their leaders. The second is the criticism of the proposal. Civil servants can make criticisms and suggestions on issues related to their own work and rights and interests, as well as the work procedures, work contents, work methods and work styles of leaders. The third is the form of criticism and suggestions. Civil servants can make comments and suggestions in written or oral form, publicly at relevant meetings, or through individual conversations. 6. lodge complaints and allegations. Civil servant's right of appeal refers to when civil servants are dissatisfied with their personnel handling decisions (including disciplinary decisions, demotion or dismissal decisions, etc.). ), you can apply for a review to the original handling organ, and at the same time have the right to appeal to the competent department of civil servants at the same level or the organ at the next higher level that made the personnel handling. If he refuses to accept the punishment decision, he may also lodge a complaint with the supervisory organ. The civil servant's right to appeal refers to the right of civil servants to bring a lawsuit to the superior organ or the supervisory organ against the acts of organs and their leaders that violate their legitimate rights. It is very necessary to stipulate the right of civil servants to apply for demolition and prosecution. First of all, allowing civil servants to file complaints and accusations according to law is conducive to correcting mistakes and misconduct in civil servants' disciplinary work, safeguarding and relieving civil servants' rights, and preventing individual responsible persons from retaliating against civil servants. Secondly, for the organs and their civil servants, the right of complaint and accusation of civil servants is an effective supervision mechanism to correct the illegal and dereliction of duty of organs and their civil servants, which is conducive to the democratization and legalization of state management activities and is of great significance to the supervisory organs and their staff to act according to law and perform their duties. 7. Apply for resignation. When civil servants are unwilling to continue to hold public office for subjective or objective reasons, the state allows them to resign. It is stipulated that civil servants can resign, which gives them the right to choose a career. The purpose of granting this right to civil servants by the state is to mobilize and give full play to their enthusiasm, promote the rational flow of talents and enhance the vitality and vitality of personnel management. Because of the different job nature and professional characteristics of civil servants, the ways and procedures to realize their right to resign are also different from ordinary citizens. Resignation of civil servants must be carried out in strict accordance with national laws and regulations. According to the provisions of the Civil Service Law, civil servants should submit a written application to the appointment and removal organ for resignation. The appointment and removal organ shall examine and approve the application within 30 days from the date of receipt, and the application for resignation of leading members shall be examined and approved within 90 days from the date of receipt. In addition, civil servants who hold leadership positions can also apply to resign from leadership positions according to their own wishes. Eight, other rights stipulated by law. In addition to the rights stipulated in the Civil Service Law, civil servants also enjoy other rights stipulated by law. It mainly includes two parts: one is the rights of ordinary citizens stipulated by law, and the other is the rights that state functionaries should enjoy specially stipulated by law. It is stipulated that civil servants can enjoy other rights stipulated by law, which embodies the integrity of civil servants' rights.