Research On The Legal Problems Of Double-track System Employment Of Public Service Unit

The dual-track system is a common mode of employment in the transition from a planned economy to a market economy,and plays an important role in this transition period.However,in the midst of in-depth reforms,the problems caused by the dual-track employment have become more prominent and urgently need to be solved fundamentally.In reality,there is a widespread dual track system in employment in public institutions,the dual-track employment mode divides the staff of the public institution into the staff of the establishment and the laborers of the preparation according to the presence or absence of the establishment.There are big gaps between the two in terms of salary,unit welfare,career development channels,and democratic rights within the unit.This paper studies the existing literature,analyzes the background generated by the dual-track employment system,summarizes the general legal problems created by the dual-track employment,analyzes the causes of legal problems caused by the dual-track employment system,and finally proposes corresponding solutions.This paper is divided into three parts,which are introduction,body and conclusion.The body is divided into four parts:The first part is the connotation and background of the dual-track employment of public institutions.Analyze the connotation and characteristics of the dual-track employment of public institutions,and explore the background of the dual-track employment system.The second part,case and legal issues.Through the case analysis method,the cases involving the equal pay for equal work of the non-staff workers in the institutions are summarized and analyzed,and the general legal problems created by the dual-track employment of the public institutions are summarized,that is:the unequal pay for equal work,the institutional identity discrimination and the institutional division of the labor market.The third part focuses on the main reasons for the legal problems caused by the dual-track employment.The main reasons for the discovery are: residues of the identity management system during the planned economy,profit winner considerations for safeguarding your own interests,china's legislation prohibiting employment and occupational discrimination lags behind,lack of trade unions and collective labor rights poverty.The fourth part proposes countermeasures to solve the legal problems caused by the dual-track employment.According to the above analysis of legal issues and causes,this paper solves the legal problems brought about by the dual-track employment of public institutions from the two levels of legal system and unit management system.At the legal system level,the right to labor equality of non-staff workers can be guaranteed by enhancing the lawfulness of the right to equal pay for equal work and improving the legal system prohibiting employment discrimination in china and construct a trade union system that conforms to non-staff laborers.At the level of unit management system,by establishing a new management system and equality a reasonable salary distribution system to achieve fair and reasonable salary distribution.The research findings in this paper are as follows: First,there is a big gap in the treatment of internal and external employees in similar or identical positions in the institutions.Second,the deep-seated problems highlighted by the dual-track employment system in institutions are the institutional discrimination at the institutional level and the institutional segmentation of the labor market,the reason is : residues of the identity management system during the planned economy,profit winner considerations for safeguarding your own interests,china's legislation prohibiting employment and occupational discrimination lags,lack of trade unions and collective labor rights poverty.This paper suggests that the solution to the problem of dual-track employment in public institutions cannot rely solely on the unilateral improvement of the legal system,and the law has its own limitations,institutional ills require institutional reforms to resolve.The solution of the problem needs to work together on both the legal system and the management system.lt is necessary to enhance the lawfulness of equal pay for equal work,improve the anti-discrimination legal provisions of our country,construct a trade union system that conforms to non-staff laborers to achieve the labor equality right of non-staff workers.At the same time,a new employment management model and salary distribution system are constructed at the level of unit management system.