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Research On The Legal Issues Related To The Dispute Of Personnel Employment Contract In Institutions

Posted on:2020-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:X B MaFull Text:PDF
GTID:2416330602454275Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The "Regulations on Personnel Management in Institutions" was promulgated and implemented in 2014,and the personnel employment contract finally has a legal basis.However,due to the strong programmatic and principled nature of the"Regulations",its implementation has not changed the chaotic situation of the personnel employment system in institutions,and the relevant legislation on personnel employment contracts are still not perfect.Under the background of this situation and the reform of the personnel system of public institutions,it is of great practical significance to study the personnel employment contract of public institutions to improve the construction of relevant legal systems for personnel employment,to protect the legitimate rights and interests of staff of public institutions,and to promote personnel reform.By defining the connotation and extension of the personnel employment contract of the institution,this article attempts to elaborate the procedural and substantive issues of the personnel employment contract dispute settlement mechanism,and systematically combs and analyzes the dispute settlement process related to the personnel employment contract of the institution.This paper discusses the main points of dispute in the dispute settlement of personnel contract in public institutions.On the basis of this,this paper clearly points out that under the general trend of gradual integration with labor contract disputes,we should pay attention to the particularity of personnel employment contracts in public institutions.The author puts forward some suggestions on the dispute settlement mechanism of personnel employment contract in public institutions,such as integrating relevant legislation and strengthening the procedural connection,so as to add to the research on the relevant legal system of personnel employment contract in public institutions.This paper is divided into six parts.The first part is the preface.It mainly discusses the significance and background of this article.The second part mainly discusses the concept and basic characteristics of personnel employment contract and the difference between labor contract and civil service employment contract.The third part,based on the characteristics of disputes between public institutions and employed persons and related legislation,explains the current methods of personnel contract disputes,including mediation,review,complaint,complaint and report,arbitration and litigation.The fourth part is mainly based on the theory and practice of personnel employment contract related issues in public institutions,from the existing personnel employment contract dispute resolution mechanism to analyze and elaborate.The fifth part puts forward some suggestions on how to further improve the existing handling mechanism of personnel employment contract.The sixth part is the conclusion.
Keywords/Search Tags:the Public Institutions, the Personnel Employment Contract, the Handling of Dispute
PDF Full Text Request
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