Personnel Dispute Arbitration System In Teachers Employment Disputes

The personnel dispute arbitration is that based on the request of one party , personnel dispute arbitral institutions arbitrate personnel disputes in the scope of admissible by operation of law . The arbitration has binding force on both parties so that this legal system can solve personnel disputes. As the reform of personnel system and gradual implement of teachers employment system, the disputes between teachers and public primary and secondary schools continue to grow. There are personnel relations between schools and teachers. And the dispute of teachers employment is a typical personnel dispute. So the personnel dispute arbitration is applicable in teachers employment disputes. However, the personnel dispute arbitration system, which is being developed for solving personnel disputes, can not play a role well for its imperfect and the speciality of teachers employment disputes. Therefore, it is necessary to deeply study the personnel dispute arbitration system to solve the disputes between teachers and public primary and secondary schools and guarantee the legitimate rights and interests of teachers.The personnel dispute arbitration system in teachers employment disputes has problems on two side. One is the internal problem of arbitration system. It is shown as below. The low legislative level and absence of uniform law lead to inconsistent of the case scope in different regions. Arbitral institutions are not sound and the quality of arbitrators is to be improved. The frequently administrative intervention weaken the independence of arbitral institutions. It is hard to execute the arbitration ruling; there are problems to connect the arbitration and litigation. The other is the applicable problem in teachers employment disputes. It is shown as below. The civil action as succeeding relief can not match well with the speciality of schools'public right activities. The non-standard teachers employment contracts highly affect the impartiality of arbitration. Many teachers are not willing to raise personnel dispute arbitration or often miss the deadline of applying arbitration for they know little about this arbitration system.To effectively solve the personnel disputes between teachers and public primary and secondary schools, it is necessary to work from the following aspects. Firstly, it is necessary to establish a mechanism of preventing disputes, manage personnel issues according to law and normalize the teachers employment contract so as to reduce the amount of personnel disputes from the very beginning. Secondly, it is necessary to improve legislation. Since the reform of personnel system is to be improved and it is involved with broad fields, the relative laws are hardly made now. It is better for the State Council to make the Regulations on Personnel Dispute Arbitration temporarily. Thirdly, it is necessary to effectively solve the problems of personnel dispute arbitration in practical level. That is, for example, to establish and improve arbitral institutions, to improve the quality of arbitrators, to connect the arbitration and litigation and to solve the execution problems.