Study On Legal Issues Related To The Employment Contract System Of Public Institutions

For a long time,the application of law to the legal relationship of the employment contract of the personnel engaged in public institutions has not been clear and specific.Although the provisions of Article 2 and Article 96 of the Labor Contract Law of 2007 have formally brought the employee of public institution into the scope of adjustment by means of "in accordance with" the relevant provisions are very principled,and there are many contradictions between the interpretation of the law by the previous and subsequent authoritative departments and the specific practice.There is a huge gap,which directly leads to the congenital deficiency in the process of law application.On April 25,2014,the Personnel Management Regulations of Public Institutions(hereinafter referred to as the "Regulations")of the State Council was formally promulgated.In the form of administrative regulations,the personnel employment system of public institutions was further clarified,but generally speaking,for some social organizations with Chinese characteristics involving public institutions,which have obvious public legal personality.At present,the legal basis for the implementation of the employment contract system in China is still relatively weak,and the application of the law is more arbitrary.Based on the analysis of the legal attributes and the nature of personnel relations between the social organizations and their employees set up by the government and undertaking the functions of public welfare at home and abroad,this paper makes a thorough study of the legal basis of employment contracts in public institutions,and on the basis of which,it makes a thorough analysis of the management of employment contracts in public institutions at present.The main problems existing in the formulation and implementation of legal norms,and put forward some ideas and specific legislative proposals to improve the employment contract system of public institutions.The author holds that the employment contract of public institutions has the dual attributes of administrative contract and civil contract,and the employment relationship has the characteristics of both labor relations and public service relations.It is a special labor and personnel contract,especially with the deepening reform of the classification of public institutions,the public nature of public institutions as public service institutions.The nature of public service relations embodied in the public service attributes and personnel relations of public institutions will become clearer and clearer,and the boundaries between them will become clearer and clearer.It is urgent to revise and improve the current personnel management system and contract management norms of public institutions to meet the legal requirements.The value orientation of the reform should be combined to better balance the relationship between public interests and employees' rights and interests,and rationally define the rights and obligations of public institution staff in employment contracts.