Research On The Dispute Of Appointment Of Teachers In Private Elementary And Secondary Schools And Its Handling

In the process of implementing the teacher appointment system,there are more and more legal disputes between the private primary and secondary schools and the employed teachers due to the performance of the contract.How to understand the legal nature of the employment disputes of the private primary and secondary schools,and how to better apply the law to solve such disputes,so as to protect the legitimate rights and interests of the private primary and secondary schools and teachers fairly,is an urgent problem to be solved.In addition to the application of the labor contract law issued in 2008,other laws,regulations or policies do not specifically provide for the conclusion,performance,change,dissolution or termination of the employment contract of private primary and secondary school teachers.Therefore,it is of great practical significance to explore how to prevent and reasonably solve the employment disputes of teachers in private primary and secondary schools and improve the corresponding employment contracts of teachers.This study collects relevant laws,policies and documents,combs the legal relationship between private primary and secondary schools and teachers,the development of teacher appointment system and the current legal system in dealing with employment disputes of private primary and secondary school teachers in China;collects 57 cases of employment disputes of private primary and secondary school teachers occurred after the promulgation and implementation of the labor contract law,and classifies them into private middle schools The employment disputes of primary school teachers can be divided into eight categories: the disputes caused by not signing a written contract,the disputes caused by factual labor relations,the disputes caused by violating the probation term,the disputes caused by not paying social insurance,the disputes caused by unilaterally changing the contract,the disputes caused by unilaterally terminating the contract,the disputes caused by unilaterally terminating the contract,and the disputes caused by economic compensation A dispute.These eight kinds of disputes reflect the problems existing in the employment of teachers in private primary and secondary schools: the employment contract is not standardized;the dispute handling is not perfect;the legal consciousness of both sides is weak.In view of the above problems,this study puts forward several suggestions and Countermeasures: strengthen the management of employment contract;improve thedispute handling mechanism;improve the legal awareness of all parties,etc.