Chapter 19 Chapter 17 The Trouble of Temporary Personnel "Public Power Wholesale"

In recent years, government agencies and administrative institutions have not stopped clearing out temporary personnel, nor have they stopped random entry of temporary personnel. The Market Rectification Office of the Price Bureau of Linquan County, Anhui Province is an institution that directly conducts price inspections on the market, and belongs to the secondary price enforcement agency established by the Bureau.But the source of its staff wages is fines. On April 7, 2008, these inside stories were disclosed by the media, which aroused strong public concern.According to the person in charge of the Linquan County Price Bureau, the bureau’s staff is overstaffed, and salary payment has always been a problem. The establishment of a temporary agency, the Market Rectification Office, “is designed to solve the food problem for some people.”

The reporter's investigation found that due to the deviations in the employment system and the concept of employment, coupled with the strong randomness of job planning and the absence of a supervision mechanism, in recent years, there are not a few agencies and administrative institutions that are flooded with temporary personnel like this. Over time, he assumed the public management functions that the staff should undertake on his behalf, and was called "public power wholesale" by the common people. Relevant experts interviewed believe that this kind of "wholesale of public power" has undermined the staffing management of government agencies, leading to the continuous "aristocratic" of staff, and at the same time, it has also encouraged the growth of corruption such as arbitrary fees and fines, which is serious. It has affected the social image and credibility of party and government agencies and administrative institutions.

In fact, in recent years, government agencies and administrative institutions have not stopped clearing out temporary personnel, but they have also never stopped entering temporary personnel indiscriminately. In many cases, a discretionary "work need" often makes the temporary personnel who have been cleared, It grows back like a cut leek. It is understood that the current main sources of temporary personnel for party and government agencies and administrative institutions include three aspects: one is borrowing from subordinate units that are in a recession; "Temporary staff work is relatively simple." A staff member familiar with the situation in Beijing told reporters, "Employing units often use whether they have the ability to complete the assigned work as the standard for evaluating temporary staff."

The reporter's investigation found that some units like to use temporary personnel. In addition to the real needs of the work and the low cost of employment, the purpose is to avoid responsibility. Once something happens at work, they can get out of the shell and push it clean, and let the temporary personnel take responsibility. "Temporary personnel have established a labor relationship with the employer from the date of accepting employment from the employer, and are employees of the employer." Du Liyuan, a lawyer from Beijing Zhongsheng Law Firm, said in an interview with reporters, "As a staff member of the employer , although temporary personnel do not have a formal on-the-job establishment, they work for the benefit of the employer, and their performance of duties should be an extension of the employer's behavior. Therefore, the damage caused by temporary personnel due to illegal behavior is equivalent to the damage caused by the employer. For damages, the employer shall be liable for compensation for the duty behavior of the temporary personnel. However, the illegal acts committed by the temporary personnel that have nothing to do with the duties shall be the personal behavior of the temporary personnel, and the perpetrators shall bear the responsibility."

"The reason for the proliferation of temporary personnel, in addition to the above-mentioned deviations in the employment system and the concept of employment, the deeper reason is the lack of scientific and quantitative settings in job planning, and there are serious incompatibilities in the relevant national management system and personnel establishment work." Peking University Government Professor Li Chengyan, a doctoral supervisor of the School of Management, said in an interview with reporters, “On the one hand, after some functional departments were downsized, bloated institutions in the planned economy era decreased, a large number of official affairs were relatively concentrated, and social management affairs increased, requiring management to sink. In order to improve the efficiency of government affairs, some functional departments have adopted the method of borrowing temporary personnel. On the other hand, the professional quality of civil servants in some functional departments is not high and they are not competent for their duties. work, we have to hire temporary staff to take on this part of the work.”

"The current rise of bureaucracy has also objectively exacerbated the flood of temporary personnel." A staff member of an agency directly under the Beijing Municipal Government, who did not want to be named, told the reporter, "Some permanent staff are unwilling to go down to the grassroots to serve the masses. Let temporary personnel do the hardest, most tiring, risky work, or some things that are not easy to come forward. Although temporary personnel are not government employees, they still have to undertake public management functions like government employees.” It is understood that a common trend in the administrative reforms of many developed countries in recent years is to increase the employment of temporary personnel while reducing permanent civil servants.

Statistics show that in the past ten years, in 6 of the 7 industrialized countries, the growth rate of temporary jobs in the public sector was higher than that of fixed jobs, generally 10% to 20%, and in some countries it was 30% to 40%. The problems exposed by the growth of temporary personnel in these countries are also quite prominent, such as low professional quality, temporary work weakens their dedication, insufficient sense of public responsibility, and corruption. These problems also exist to varying degrees in our country. With the development of society, their disadvantages are becoming more and more obvious.First of all, it encourages the phenomenon of arbitrary fees charged by some party and government agencies and administrative institutions.It is understood that some party and government agencies and administrative institutions have staff allocated by higher-level finances, but the wages and benefits of temporary staff have long been resolved only by the employing unit's "income generation".

"Although temporary personnel are 'non-staff personnel' in name, they do not occupy the establishment of the government, and do not receive financial wages, but the maintenance and operation of this team still requires a large amount of financial support. No matter what method is adopted, it will ultimately be resolved by the public Taxation or payment methods other than tax payment methods.” Associate Professor Li Kejie of Shandong University of Political Science and Law believes, “In the case of no financial allocation, it is inevitable for temporary personnel to eat 'miscellaneous grains'. So arbitrary fees, excessive fines, and even eating and taking , card, it is inevitable."

Secondly, it causes overstaffing and lazy administration.It is understood that most of the temporary personnel hired by some functional departments for a certain task come in through relationships.Some temporary personnel often stay on after the task is completed to continue to engage in other tasks.Some even solved the compilation problem through various means. "Temporary staff are doing the work that regular staff should do. Some of them are doing well, but they may be dismissed at any time, while some regular staff are idle, but they can always get by with their regular jobs." In a certain agency in Beijing Mr. Yang, who had been a temporary worker for five years, complained to the reporter.

Third, the identity of the subject of law enforcement is not clear, which can easily lead to violent "resistance to the law."On the one hand, temporary personnel have no power to enforce the law and have no confidence in management.On the other hand, if the common people know that the temporary personnel do not have the power to enforce the law, they will refuse to accept the management and refuse to manage it. "In real life, most of the public does not know that temporary personnel do not have law enforcement powers, which also encourages the impulse of some low-quality temporary personnel to abuse management power and overstep law enforcement." Relevant experts analyzed that, "In particular, some places will temporarily When the amount of personnel fees and fines is linked to their income and treatment, it is often easy to lead to a typical incident of abuse of management power, and the impact is extremely bad."

Fourth, "different pay for equal work" is detrimental to the establishment of social fairness and order.The reporter's investigation found that temporary personnel belong to non-staff personnel, and most of their wages and benefits are settled by the extrabudgetary income of the affiliated units. It is understood that some units' temporary personnel also compete for employment through formal channels, and have signed labor contracts with the employers, but the fact is that their treatment is not high, and their wages, benefits, insurance, etc. personnel.In order to reduce costs, many units artificially divide the people they use into grades and grades. The phenomenon of "equal work with different pay" is extremely common, which reflects the concept of remuneration determined by status, not by labor.The differential application of the system in the actual operation process not only affects the work enthusiasm of employees, but also easily causes their emotional confrontation with each other. In the interviews, many experts believed that properly handling the problem of temporary personnel will help solve adverse situations such as chaotic personnel management and low work efficiency, and it will also help reduce the pressure on financial support or the financial expenditure pressure of the unit, thereby reducing administrative costs . "To solve the problem of temporary personnel, the first is to achieve effective removal; the second is to implement reasonable employment." Li Chengyan believes, "In recent years, the results of the removal of temporary personnel in various places have not been satisfactory, and the root cause is the lack of accountability. On the issue of governance overstaffing, the state has issued a series of regulations and measures, such as the "Interim Regulations on the Supervision and Inspection of Institutional Establishment" promulgated by the State Council, and the "Regulations on the Administration of Institutional Establishment and Establishment of Local People's Governments at All Levels". Now, what is missing is accountability. Accountability. We should first investigate the responsibility of the organizational personnel department for ineffective supervision or dereliction of duty, as well as the responsibility of the leaders of relevant agencies for abusing power and violating laws and disciplines. "Retirement of temporary personnel has a positive effect on standardizing personnel management." Professor Li Hezhong of the School of Politics and Public Administration of Wuhan University believes, "However, relevant supporting policies should be put forward to solve the work problems of the dismissed personnel. The dismissed personnel If they take the recruitment examination, under the same conditions, they can be given priority based on their previous work experience." "Sometimes units also need temporary personnel, and blindly clearing them is not the way." Professor Qi Shanhong, a doctoral supervisor at the Business School of Nankai University, said in an interview with reporters, "The employment and withdrawal of temporary personnel often presents waves: a period of time. , and then slowly recruit until it is cleared. The reason for this is behind it: how to scientifically formulate the establishment, how to scientifically divide and collaborate, how to use scientific methods to improve efficiency, and how to improve management. Based on this In practice, there will be less busyness and haste, and fewer temporary workers. On this basis, even if there are temporary workers, there will not be many." "Temporary employment is also employment. The recruitment and use procedures of temporary personnel must be standardized, and they cannot be recruited informally but used formally." Qi Shanhong believes that "governments and institutions at all levels, no matter what channels are used to increase personnel, must all Incorporated into the scope of staffing management and personnel planning management; if there is indeed an increase in staff due to work needs, open recruitment shall be made to the public, contract employment, post management and personnel agency shall be implemented, and the salary payment shall also be included in the budget, and cannot be resolved from outside the budget. Otherwise, two types of serious problems will inevitably arise: one is that the personnel are unqualified and the quality of work is poor; the other is that the required expenses are raised through improper means. In short, scientific establishment is the premise, scientific management is the key, and standardized management is the guarantee.” "In view of the objective reasons for the existence of temporary personnel, it should be considered and regulated from the system." Du Liyuan suggested, "First, classify the government functions that should be strengthened. One category is the functions that must be performed by permanent civil servants, such as public security, health , security, industry and commerce and other law enforcement posts. The other category is social management and public service functions. Some of these functions can be market-oriented and socialized reformed, entrusted to enterprises or non-governmental non-profit organizations. Secondly, according to the nature of the work Differentiate the jobs of government departments and strictly define the scope of work for temporary personnel." Du Liyuan also suggested: "In view of the fact that the work of temporary personnel hired by the employer is public affairs, the threshold should be raised appropriately and the qualifications should be strictly admitted. At the same time, in terms of the treatment of temporary personnel, the employer can consider learning from foreign practices. The contribution to the unit is not based on status, and temporary workers are provided with more favorable treatment in terms of benefits, wages, and insurance in accordance with the law, so as to strengthen the sense of belonging, responsibility and collective honor of temporary workers.”