Research On The Legal Nature And Application Of Law Of The Employment Contract Of Public Institutions

In response to the novel coronavirus pneumonia epidemic in 2020 and alleviating the pressure of employment,the central government stressed the need to increase public recruitment efforts for university graduates.The vacancies in public institutions in the next two years are mainly used for recruiting graduates from universities.In recent years,whether in theory or in practice,the legal application of employment contract in public institutions has been very unclear.The provisions of Article 2 and article 96 of the supplementary provisions of the labor contract law of the People's Republic of China in 2007 are very vague and even contradictory.The Regulations on personnel management of public institutions was issued on April 25,2014,and its system design is still very principled.In this way,no matter the public institutions or dispute settlement institutions,they are at a loss in the application of relevant laws.Through the systematic analysis of the legal system of employment contract in public institutions and the current situation of its implementation in China,this paper puts forward.By analyzing the nature of labor relationship reflected in labor contract,this paper holds that the employment contract and labor contract of public institutions have strong homogeneity,and creatively proposes to cancel the employment contract,implement the labor contract system in a unified way to effectively solve the existing system dilemma,so as to give full play to the role of the employment contract system in the reform of public institutions.This paper introduces the subject of employment contract of public institutions to be discussed through the introduction,and then analyzes the legal nature of employment contract from the relationship between public institutions,employees and both parties,and makes a comparative analysis with labor contract from the nature and external form.After that,the paper puts forward the implementation path to solve the existing problems in the application of law.In view of the homogeneity of the employment contract and the labor contract,and the particularity of the public welfare of the employment contract itself,this paper holds that in the application of the law,the special rules should be followed first,and the existing regulations on personnel management of public institutions should be improved.In the absence of special rules,the legal mode of the labor contract law should be applied.