Application Of Law Of Employment Relationship In Institutions

Public institutions are products of planed economy, which have the characteristics of Chinese. Under the traditional planed economy system, the public institutions staff have the status like civil servants. It has complete significance administration legal relationship with government. Under such personnel system, it is impossible for Public institutions to face lots of controversy about personnel management. In 2000, the Central Committee reformed the systems of personnel management, The aim of the reforming is practicing of "appointment system" and "position management". Employment of institution is the employer signs a contract with the coordinated company to confirm both the right and obligation. According to article 96 of Labor Contract Law of PRC, it takes the relationship between the employer and employee into consideration for the first time, which makes up the previous blank in. However, the relationship between the employer and employee gets stuck in trouble for the particularity of institution itself and the weakness of Labor Contract Law. Thus taking into consideration of its particularity combined with the basic spirit of Labor Law, people should refine the law system in order to accelerate the reform of personnel system and to protect the right of both employee and employer.Article 96 of Labor Contract Law of PRC takes the relationship between the employer and employee into consideration for the first time, which makes up the previous blank in. The essay studied law application problems of public institutions employment relationship of our country by evaluating article 96 of Labor Contract Law of PRC.The essay summary the employment system at first; then studied the problems of public institutions employment relationship and predicament. Thirdly, the essay discussed the feasibility of taking public institutions employment relationship into Labor Contract Law. At last, the essay suggests some feasibility ideas about how to perfect law system of public institutions employment relationship.Because most of the study on public institutions employment relationship of domestic academic circles confined to public institutions properties and definition of employment relationship, and theoretical analysis of reform direction, lacking tracing discussion on employment relationship. This essay combined the features of public institutions employment system and practices of institution reform, doing system research of the law application problems of public institutions employment system, and has great practical significance.