Recently, Liu Haozhe, a 2022 part-time graduate student of Nanjing University of Science and Technology, filed an administrative lawsuit against the Shijiazhuang Municipal People's Government because he did not recognize the one-time employment and resettlement subsidy policy for college graduates in Shijiazhuang City to exclude part-time graduate students.
On May 23, the case was filed by the Shijiazhuang Intermediate People's Court.
"Incomplete" graduate students cannot enjoy talent subsidies after returning to their hometowns to work
Liu Haozhe is a 2022 graduate of Nanjing University of Science and Technology with a part-time Master of Laws degree.
After graduating from school in April this year, he returned to his hometown of Shijiazhuang, Hebei Province to work.
In May, he heard that Shijiazhuang City had introduced policies related to employment subsidies for college graduates.
However, after reviewing the relevant documents, Liu Haozhe found that the policy only stipulates that full-time undergraduate and master students can enjoy a one-time employment settlement allowance.
Because the classification of part-time postgraduates was not found in the above-mentioned documents, Liu Haozhe believed that Shijiazhuang City's talent subsidy policy was suspected of discriminating against part-time postgraduates who had the same legal status as full-time postgraduate diplomas.
On May 11 this year, he left a message on the website of the Shijiazhuang Municipal People's Government, asking whether postgraduate students who studied part-time could receive a one-time employment and settlement allowance for college graduates.
On May 13, Shijiazhuang Human Resources and Social Security Bureau replied: According to the document, it is not allowed. This policy is only for full-time undergraduate and postgraduate students.
Regarding the reply of Shijiazhuang Municipal Human Resources and Social Security Bureau, Liu Haozhe said that he could not approve it.
Liu Haozhe believes that government departments are administrative organs and organizations that carry out social management and provide public services. When formulating policies, they should fully consider their fairness and treat part-time graduate students with the same legal status as full-time graduate students.
The administrative reconsideration was not accepted, and the graduates filed an administrative lawsuit
Liu Haozhe mailed an application for administrative reconsideration to the Shijiazhuang Municipal People's Government on May 16, requesting the municipal government to confirm that the relevant administrative acts of the Shijiazhuang Municipal Human Resources and Social Security Bureau were illegal, and advocated revocation and ordered the Municipal Human Resources and Social Security Bureau to re-take the relevant administrative acts.
On May 20, the Shijiazhuang Municipal People's Government issued the "Decision on Inadmissibility of Administrative Reconsideration" (Shi Zheng Xing Fu No. 172).
After getting this decision, Liu Haozhe still finds it difficult to agree.
He believes that the relevant notice from the Ministry of Education has made it clear that since 2017, full-time and part-time graduate students will be unified by the state to issue the enrollment plan, the same policies and standards will be implemented for examination and enrollment, the training quality will adhere to the unified requirements, and the academic degree certificates have the same legal status and the same effect.
Liu Haozhe believes that the reason put forward by the Shijiazhuang Municipal People's Government that "the response of the Municipal Human Resources and Social Security Bureau to the policy has no actual impact on the rights and obligations of the parties, and does not fall within the scope of administrative reconsideration stipulated in Article 6 of the "Administrative Reconsideration Law of the People's Republic of China" cannot be accepted. established.
Liu Haozhe decided to file an administrative lawsuit against the Shijiazhuang Municipal People's Government.
On May 21, Liu Haozhe submitted the administrative complaint and related materials to the Shijiazhuang Intermediate People's Court.
Adjusting talent policies for "incompleteness" in many places
China Youth Daily has also published several reports on the employment discrimination of part-time graduate students and related policy issues.
The Ministry of Education's "Notice on Further Doing a Good Job in the Employment of Part-time Postgraduates" mentioned that the recruitment of civil servants at all levels, public institutions and state-owned enterprises should reasonably formulate recruitment conditions according to job needs, and provide equal employment to postgraduates with different education forms. Opportunities, and shall not set eligibility conditions unrelated to job requirements.
All localities should rationally formulate the conditions for the placement of talents, simplify the settlement certificates, simplify the procedures, and provide equal opportunities for postgraduates with different education forms to settle down.
Recently, some places have responded to this question.
As the Qingdao Municipal Human Resources and Social Security Bureau stated:
"At present, part-time postgraduates in our city can enjoy the same treatment in terms of recruitment of government agencies and institutions, recruitment of state-owned enterprises, settlement, employment, and entrepreneurship." The introduction policy, talent introduction policies and safeguard measures implemented by various cities vary according to the actual needs of regional development. The state has no unified regulations and requirements for this. At present, the housing subsidy and one-time housing allowance policies implemented by our city do not include part-time graduate students. Scope of policy enjoyment”.
Shijiazhuang Municipal Human Resources and Social Security Bureau also said in reply to netizens' messages:
"The talent introduction and subsidy policy is formulated in combination with the city's economic and social development, the actual construction of the talent team and the needs of employers. It has differentiated characteristics and certain particularities. Therefore, part-time graduate students have not yet been included in the talent policy scope, but Our city is still constantly exploring and optimizing talent policies, such as the newly introduced employment and settlement subsidies for college graduates this year, which is a manifestation of innovative breakthroughs.”
China Youth Daily (reported by Zhang Xiaosong) Comprehensive: The Paper (reporter Yang Zhe), Modern Express, Leaders Message Board, China Business Daily (reporter Wang Lifang), China Youth Daily Official Weibo previous reports, etc.