Has the monthly salary increased by 4000? The school responded that male middle school employees have been absent from work for 3 years in Taiyuan City | School | Middle School
In December 2019, Liu, an accountant at Shanxi Provincial Trade School, was transferred to Taiyuan No. 29 Middle School as a clerk. However, after entering the school, he encountered the dilemma of transferring to another position. Liu claimed that not only did he fail to switch to the pre agreed accounting position as scheduled, but also due to the return of the old accountant from the school to work, he was forced to stay in the clerk position and have to "eat empty pay".
Liu told Red Star News, "Since May 2020, I have not attended classes at No. 29 Middle School, but I still receive monthly salaries from the government on my salary card." He believed that the initial transfer was a violation of regulations and sued the Taiyuan Municipal Human Resources and Social Security Bureau and No. 29 Middle School in court, but both were rejected and not accepted by the court because they did not fall within the scope of administrative and civil litigation. According to the salary passbook details provided by Liu, there have been transfers of 3000 to 4000 yuan for several consecutive months in 2021, while from December last year to May this year, there have been transfers of over 7000 yuan per month.
In response to this, Zhai, 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 job issues, but the two sides have never reached an agreement. Considering that Liu's family life is very difficult, the salary will continue to be paid. "His mother is in her 80s, and the two of them rely on each other. He was fired. Where is his source of income?" As for Liu's salary payment standard, Zhai said, "The salary is being paid by the finance department, but his name has not been removed. The finance department is unified with so much money."
After being transferred to a new position as a school accountant, there will be three years of free pay
"Before being transferred to No. 29 Middle School, I worked as an accountant at Shanxi Provincial Trade School." Liu told Red Star News that he was admitted to Shanxi Provincial Trade School through public recruitment in 2014 and worked as an accountant in the school cafeteria. Later, due to the revocation of the cafeteria account, he was transferred to the cafeteria warehouse manager and administrator. 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.
With the help of Li, Liu was transferred to Taiyuan No.29 Middle School as a clerk in 2019. Liu stated that at that time, Li promised to temporarily transfer him to the school as a clerk and then transfer to the accounting position as soon as possible. But after being transferred in, Liu found that the facts did not match his expectations. "Firstly, Li did not transfer me to the accounting position as agreed. Without communicating with me and signing a job employment contract, he completed my transfer procedures and appointed me as a clerk for a period of three years, which was reported to the Human Resources and Social Security Bureau. As a result, his salary and social security related payment standards have changed, with a difference of 500 to 1000 yuan."
Situation description
In a statement stamped with the official seal of Taiyuan No. 29 Middle School, a Red Star News reporter saw that on January 8, 2021, the school had explained to the local court that Liu had not signed a written employment contract with the school before handling the salary procedures during his transfer to the school. Currently, his salary is paid according to the standard of a ninth level clerk position. However, regarding the issue of not signing a written contract, the school stated that it had appealed to the higher-level supervisory department regarding this matter and also provided a response explanation to Liu himself.
Liu claimed that after entering Taiyuan No. 29 Middle School, he first observed and familiarized himself with the situation for a month. Later, due to the epidemic, he was unable to carry out work for more than three months. When he returned to school and resumed work, the old accountant who was originally sick suddenly returned to school and work. As the school was unable to secure his accounting position and there was no shortage of full-time management personnel, he applied to transfer back to his original school. "But the original school said I couldn't go back directly and had to pass the recruitment exam for staffing again."
"Being a clerk does not align with the original intention of the school to transfer me." Considering that there are already people in the accounting position at Taiyuan No. 29 Middle School, and the school is not short of clerks, starting from May 2020, Liu left the school on his own and no longer returned to work. However, he still receives monthly salaries from the finance bureau, "feeling like he is forced to 'eat empty pay'."
Liu stated that Li, the former principal of Taiyuan No. 29 Middle School, was his former leader and the two had worked together before. In 2021, due to Liu's position, a Red Star News reporter contacted Li, who stated that he had retired and would no longer handle the matter. However, she was indeed responsible for Liu's transfer to the school. "Since he came to the school, he had been requesting to transfer from a clerk to an accountant, but later threatened not to work because of this matter." Li said that due to the need for someone to maintain the school's financial and accounting work, and the fact that the former accountant Wu had recovered and was willing to return to work, the school decided to let Wu continue working as an accountant. Regarding this, Wu also told Red Star News reporters that she was unable to return to school to work due to busy schedules with other projects and physical reasons. After recovering, the school asked her if she could continue working and said, "I said yes, so I went back to school. But before that, the school had never discussed any job transfer with me, and I didn't know about Liu."
Multiple lawsuits have not been supported
Liu told Red Star News that Taiyuan No. 29 Middle School and Taiyuan Education Bureau have also communicated with Shanxi Provincial Trade School multiple times and issued an official letter requesting a recall, but the original unit has always refused. After multiple unsuccessful negotiations, on March 8, 2021, Liu sued the Taiyuan Municipal Human Resources and Social Security Bureau, alleging that he violated the relevant provisions of the State Council's "Regulations on Personnel Management of Public Institutions", the former Ministry of Personnel's "Trial Measures for the Management of Position Setting in Public Institutions", and the "Implementation Measures for the Management of Position Setting in Public Institutions in Shanxi Province", and reviewed and approved his illegal transfer to the 29th Middle School. Requesting the court to revoke this administrative action.
Through prosecution, appeal and retrial, on November 15, 2022, the Shanxi Provincial Higher People's Court issued an administrative ruling. According to the ruling, the Shanxi Provincial higher people's Court held that after examination, the retrial applicant's claim was to revoke the respondent's approval of his transfer to Taiyuan 29th Middle School, which was a personnel management act made by the respondent against the job transfer of the retrial applicant. As for the examination and approval of personnel, finance, foreign affairs and other matters of other organs or institutions under their direct management by relevant administrative organs, due to the internal nature of such administrative examination and approval, it does not belong to the scope of accepting cases in administrative litigation, and does not conform to the provisions of Article 49 of the the People's Republic of China Administrative procedure Law, which stipulates that "the filing of a lawsuit shall fall within the scope of accepting cases by the people's court. As a result, the ruling rejected Liu's application for retrial.
Shanxi Provincial High People's Court rejects Liu's retrial application
In addition, during the administrative litigation process mentioned above, Liu also filed a civil lawsuit with the People's Court of Wanbailin District, Taiyuan City, requesting the court to confirm in accordance with the law that the defendant, Taiyuan No. 29 Middle School, did not enter into an employment contract and hired the plaintiff for procedural violations; It is determined that the personnel relationship formed by the absence of an employment contract between the two parties is illegal. However, in the first instance, the court held that the plaintiff Liu's lawsuit request did not fall within the scope of the people's court's acceptance of personnel dispute cases in public institutions. Therefore, the lawsuit against Liu will not be accepted. Afterwards, when Liu appealed and tried again to the Intermediate People's Court of Taiyuan City and the Higher People's Court of Shanxi Province, he was rejected for the same reasons and the original ruling was upheld.
The People's Court of Wanbailin District, Taiyuan City does not accept Liu's lawsuit
The Taiyuan Intermediate People's Court rejected Liu's appeal and upheld the original ruling
Shanxi Provincial High People's Court rejects Liu's retrial application
Liu said that due to not being able to return to his original unit and not being transferred to work at the same unit, his "empty salary" was for three years.
Currently receiving a monthly salary of over 7000 yuan
"Later on, I continued to petition, but there was no final result," Liu told Red Star News. Since May 2020, he has never attended school again and usually earns a living by working hourly in restaurants and hotels. However, his salary card still receives thousands of yuan in monthly wages.
According to the personal current passbook provided by Liu, on December 9, 2022, a sum of 7764 yuan was transferred in; On January 10, 2023, another amount of 7717 yuan was transferred... Red Star News reporters also noticed that around 7000 yuan was transferred on February 9, March 9, April 7, and May 9.
Details of the passbook provided by Liu
Liu said that the salary of over 7000 yuan is exactly the monthly salary paid by Taiyuan No. 29 Middle School, and the subsequent deductions of several hundred yuan expenses are the medical insurance, social security, and other expenses withheld by the unit. "The amount of this salary is different every month, and I have also paid more than 3000 yuan before, so social security and other expenses need to be deducted. It's just that I didn't go to work and couldn't get a salary slip, so I'm not sure how much salary I really have."
Regarding this, Zhai, the principal of Taiyuan No. 29 Middle School, told Red Star News that although Liu did not work, he was indeed paid monthly according to the normal salary standards for his position. "He has been petitioning all along, but this matter has not been completely resolved. In addition, considering many constraints, it cannot be solved directly by dismissal. His mother is in her 80s and they rely on each other to expel him. Where is his source of income?" Zhai said. Regarding the issue of Liu's position, the school has been actively handling it, and now still hopes to do a good job in Liu's ideological work. "If there is no progress in this matter, we need to report to the Education Bureau."
Zhai stated that since the retirement of former principal Li, he has taken over the position of principal and has also mobilized the old accountants of the previous school to vacate their positions. Later, he coordinated with the Education Bureau and the Human Resources and Social Security Bureau, and learned that the work attendance position could be transferred to the accounting position. He wanted to add an accounting position, but Liu did not accept it. "He also said that I set up a position based on people." After learning that Liu wanted to return to his original school, he went to Shanxi Provincial Trade School six times to communicate, but the other party did not agree.
A reporter from Red Star News asked about the current salary standards for Liu. Zhai said that the current salary structure is like this, and there is no such thing as only paying the basic salary. Liu's salary should be the same as his salary. "The salary is being paid by the finance department, and he is not removed from his name. The finance department is unified with that much money." As for why Liu's salary has increased from over 3000 yuan to over 7000 yuan, Zhai said that Taiyuan City has raised his salary once before. "This is the normal salary for his position as a clerk."
The employees involved believe that their transfer is in violation of regulations
When asked why he did not accept the school's offer of job openings, Liu responded, "Firstly, this transfer is illegal, and secondly, policies do not allow job openings based on individuals. Personnel transfers require corresponding job vacancies and cannot be transferred before mobilizing others to vacate positions." Subsequently, Liu provided reporters with a document titled "Trial Measures for Personnel Mobility in Taiyuan Municipal Organs and Institutions" jointly issued by the Organization Department of the Communist Party of China Taiyuan Municipal Committee, Taiyuan Municipal Human Resources and Social Security Bureau, and other five departments. He stated that the second and third items are the policy and regulatory basis for transferring him from Shanxi Provincial Trade School to Taiyuan No.29 Middle School in 2019.
File screenshot
The Red Star News reporter noticed that the second article of the above-mentioned 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 finance and accounting major and belongs to the general popularization major. The transfer of his management position from Taiyuan No.29 Middle School is not a special position, and he himself is not in urgent need of urgently needed professional talents. "According to the document regulations, relevant departments should not have approved the transfer of him to Taiyuan No.29 Middle School at that time. Moreover, Taiyuan No.29 Middle School already has an old accountant, and in fact, the position is not short of people. If he could not have been transferred at that time, it would not have caused me to have the problem of three years of" empty pay "."
In addition, in a "Opinions on Handling Petition Matters" issued by the Education Bureau of Taiyuan City to Liu on March 3, 2023, Red Star News reporters also saw that in September 2019, Li, the former principal of Taiyuan No. 29 Middle School, presided over a party government joint meeting to study work needs and agreed to transfer an accountant from Shanxi Provincial Trade School. In October 2019, Taiyuan No.29 Middle School submitted a request to the Municipal Education Bureau for transfer to Liu. After preliminary review by the Personnel Department of the Education Bureau, a meeting was held on October 22 to discuss and approve the request for transfer from No.29 Middle School to Liu. On November 7, 2019, the Municipal Education Bureau submitted the relevant materials for Liu's transfer to the Municipal Human Resources and Social Security Bureau for approval. The Municipal Human Resources and Social Security Bureau proposed that due to the school accounting position being full, he could be transferred in according to the management position first. The school informed Liu of this situation in advance, and Liu agreed to be transferred to the management position first. Afterwards, the Personnel Department of the 29th Middle School and the Municipal Education Bureau processed the transfer procedures for Liu.
Opinion on Handling Petition Matters
In addition, regarding the issue of "empty pay", the opinion letter states that according to Liu's own request, the school has communicated with Liu's original unit multiple times, but the original unit does not agree. Provincial, municipal, and district people's courts mobilized their original units to recall Liu during out of court mediation, but the original units did not agree. Liu has been absent from work for a long time and has a problem with eating noise. The school considered that Liu and his 80 year old mother were dependent on each other, and after being dismissed, they had no source of livelihood, which would make family life very difficult. Unable to bear it, they temporarily paid their wages. The school has been urging Liu to return to work and establish an accounting position, but Liu still refuses to return to work. The demands raised by Liu are unreasonable and have no legal basis. The relevant business departments and schools have actively coordinated efforts from multiple parties based on Liu's demands, but have been unable to achieve them. Suggest Liu to return to work as soon as possible and carry out work in accordance with relevant regulations.
Liu told Red Star News that he insisted that the transfer was a violation of regulations and therefore refused to work at No. 29 Middle School. As for the above petition response, Liu stated that he has applied for a review to the Taiyuan Municipal People's Government.
On the afternoon of May 29th, a reporter from Red Star News called the Personnel Department of Taiyuan Education Bureau to inquire about the situation, but the operator stated that they had just arrived on duty and were not clear about the matter. On the morning of May 30th, the reporter called the petition office of Taiyuan Education Bureau again, and a staff member stated that they were unable to provide a response.
Red Star News reporter Luo Mengjie intern Li Peixin
