Research On The Legal System Of Personnel Employment Contract

Personnel employment contract is the legal form of personnel employment system, as well as an important legal system in labor and personnel field of our country. Personnel employment system, civil service system, labor contract system are all the important legal forms of the allocation of human resources under the socialist market economy system.Personnel employment contract widely exists in the state organs, units governed with reference to the civil servants act, institution units, social organizations, the military and paramilitary police, in which some or all of the jobs are implementation of personnel employment system between the employing units and employed persons. Personnel employment contract is the legal file between employing units and employed persons. Especially, personnel employment contract exists in institution units. At present, there are more than three thousand personnel employment staff and more than one hundred and twenty institution units at all levels, which are mainly engaged in science, education, culture, health and other public services. At the same time, there are a certain number of personnel employment civil servants, social organization staff, personnel employment soldiers and personnel employment armed police. Since the 2002-35th act by the general office of the central people’s government, all kinds of institution units at all levels started the personnel employment system reform step by step and most of the stuff on institution stations signed the personnel employment contract with personnel employing units. However, in practice, there are more theoretical and practical problems to be solved in the implementation of the personnel employment system and the signing, implementation and dispute processing etc. of personnel employment contract. For example, the legal effect of personnel employment contract is weak; the rights and obligations in personnel employment contract are not on an equal footing; turnover of employed persons is difficult; social security problems of employed persons remain to be resolved. The existence of these problems damages the legitimate rights and interests of the employed persons, hurts the enthusiasm, initiative and creativity of employed persons, has negative impact on public service function of employing units and the innovation ability of development of employing units.Under the background of the comprehensively deepen reform, institution units reform, personnel employment system reform, the improvement of the personnel employment contract law system are linked together, which is related to the cadre and personnel system, institution station management system, personnel dispute processing system and the social security system. Personnel employment system reform and personnel employment contract legal improvement, not only have relationship with the workers’ vital interests, but also are more related to the reform and development of institution units, the government public service function, and the vital interests of the vast majority of the people.. Research on personnel employment contract under the background of personnel employment system reform has theoretical and practical significance to improving the personnel employment contract, protecting the legitimate rights of personnel employed stuff, promoting the legalization of personnel affairs of institution units, promoting the legalization of personnel employment system reform, adapting to the system requirements of the classification reform of institution units.This article focuses on the implementation of personnel employment contract on institution station in various units. Its research is about the law system of personnel employment contract through the value analysis and empirical research means, integrating use of the system analysis, comparative analysis, literature analysis and network query method.In the study of labor and personnel law in our country, personnel employment contract research is rarely mentioned. Commonly, it is included in the research of other law areas or other disciplines. Compared with the relatively mature research on labor contract, personnel employment contract requires in-depth research and theoretical support. The personnel employment system and personnel employment contract is the management system and legal system with Chinese characteristics. So the research in this field is even more rare in foreign countries. Based on concrete historical practice of the reform, this article puts the personnel employment contract into the field of labor and personnel legal system and compares the similarities and differences between the personnel employment contract and labor contract. This article explores the legal basis of the personnel employment contract and expounds the differences from labor contract on contract content, rights and obligations, contract termination, dispute processing etc. This article also clarifies the relationship between personnel employment contract and labor contract, raising the meaning of the existence of personnel employment contract and the abolishment or reservation argument of personnel employment contract. From the above comparison and the comparison between personnel employment contract and labor contract, comparison between personnel employment contract and personnel agency contract, we draw the conclusion that the personnel employment contract is the combination of the labor contract and administrative power. Personnel employment system was born in the process of institution units reform in China with a strong state intervention trend. It is different from the labor contract and public relations. It is still necessary in public sectors, such as science-education-culture-health areas. So on the premise of uphold and improve the personnel recruitment system, this article analyzes the present situation of the personnel employment contract, points out the problems in the field of personnel employment contract such as low legislation level, fuzzy scope of application, weak supervision and management mechanism, imperfect dispute processing mechanism, and puts forward the proposal on legislation level, scope of application, supervision and management mechanism, dispute processing mechanism to improve personnel employment contract. Finally, this article draws the conclusion on this research content, summarizes the full text arguments, points out deficiencies, and prospects the future development trend of this thesis.The innovation of this article is pointing out the theory basis of personnel employment contract, namely that its existence is not just policy requirements in the process of national reform, but has its theoretical basis.The deficiency of this article is that the legal problems of personnel employment contract covered by this article are only a small part, because personnel employment system and personnel employment contract are relatively large concepts involving many subjects. Some problems remain to be discussed deeply and meticulously.