Research On The Legalization Of Labor Relations Management In My Country's Universities

Put forward in the Fourth Plenary Session of the 18th CPC Central Committee,the principle of ruling the country by law in an all-round way has once again been emphasized in the report of the 19th CPC National Congress,which said that"governing the country according to law is a profound revolution in state administration and we must adhere to the rule of law." The rule of law has become the basic spirit and requirement of the modern social governance in building a socialist country.Because of its forward-looking and fundamental nature,the reform of higher education has generated tremendous energy that has affected social development.Therefore,the rule of law in higher education has become an important part of the rule of law.At present,with the deepening reform of higher education and the construction of modern university system and the requirement of "governing the school according to law",the reform of human resources management system in higher education institutions has entered the deep water area.As an important part of human resource management in colleges and universities,the management of university labor relations has a direct impact on the process of law-based reform of higher education and university governance according to law.In recent years,under the background of the rule of law in China,some achievements have been made in the legalization of the management of labor relations in colleges and universities.However,it is obvious the reform of the human resources system in colleges and universities is not complete under the affection of the long-term planned economic system to colleges and universities,the administrative color is strong,the status of the legal subject between teachers and universities is not equal,and so on.Therefore labor disputes caused by the non?standardization of labor contracts are still common,while as a third party to settle disputes over labor disputes,trade unions at colleges and universities have done nothing because of the lack of the idea of managing the rule of law.All these have affected the process of legalization of labor relations management in colleges and universities.Based on the legal labor laws and regulations and the relevant policy documents and rules and regulations issued by the education department,this article analyzes the status quo of the legalization of labor relations management in colleges and universities according to the practical experience of work and problems.It defines the reality and inevitability of the legalization of labor relations management in colleges and universities,and reveals the problems of breach of contract between both universities in the legalization of labor relations management in colleges and universities.This article discusses the problems of non-standard management of labor contracts and labor dispute settlement mechanism caused by labor disputes,and thinks about the teachers'appealing system in the process of handling problems.This article takes the reference and example of United States in the equality of colleges and universities and teachers'labor relations and contract grievance mechanisms.On this basis,this article explores and perfects the legalization path of the labor relationship management in our country.Firstly,it clarifies the equal legal status of universities and teachers as the main body of the labor relations;determines the nature of the labor contracts in colleges and universities according to law and regulates the management of labor contracts.Secondly,it means to solve the mechanism and the system of teacher appeals,give full play to the role of trade unions in colleges and universities as a third party's supervisory role and bridge;and thirdly,it should strengthen the awareness of the law-governors of management and the legal quality of managers,and change from "management" to"service." We should establish an orderly competition mechanism for the flow of qualified personnel,and enhance the awareness of safeguarding the rights of both parties in the labor relations in colleges and universities,while effectively safeguard the rights and interests of both parties in the labor relations in colleges and universities,and further promote the progress of the legalization of higher education and the process of governing the university according to law.