| Under the comprehensive promotion of the rule of law and the promulgation of related documents,my country’s public colleges and universities have implemented the appointment system reform with the employment contract as the core for the teachers in the staff.With the advancement of higher education reforms,public colleges and universities are gradually being given more self-hosted education rights,and college teachers’ awareness of safeguarding their own rights and interests is constantly awakened.As a result,disputes between colleges and teachers about resignation are increasing.Though the "Teacher Law" and other related laws and regulations play a role in the protection of teachers’ rights,regulations and the protection of college teachers’ right to resign,they are still not perfect.In the process of implementing the appointment system,teachers’ rights should not only be paid for work,rest and vacation,etc.The right to resign is a core right of the implementation of the appointment system.The nature of the teacher’s right to resign is a core issue.Based on the particularity of public university teachers,the right to resign is also different from the right of resignation stipulated in the general "Labor Contract Law".At this stage,the disputes between teachers and universities about resignation are that both sides have different understandings of the right to resign,and my country’s current regulations on the resignation right of university teachers are also fuzzy.This series of problems have been reflected in the increasingly acute contradiction between today’s public universities and teachers.In this regard,it is of great significance to clarify the nature of teachers’ right to resign and balance the contradiction between teachers’ right to development and the overall development of colleges and universities.Firstly,this paper defines the core concept of resignation right,compares the resignation rights and dismissal,resignation and retirement right conceptual comparison,analysis of the legal relationship between the clear positioning of the right of teachers to resign nature,and public universities and teachers;secondly,analyze the value of protecting teachers’ exercise of the right to resign.Its value guarantee function is mainly to protect the legitimate rights and interests of teachers and maintain the management order of university operation;then,through current judicial practice and laws and regulations,clarify the substantive and procedural conditions for teachers to exercise their right to resign;again,summarize and summarize a series of cases of conflicts between teachers’ rights and university management,using literature analysis,case analysis and comparison Analytical method,analyze the conflicts between teachers’ right to resign and colleges and universities,analyze and summarize the obstacles to teachers’ right to resign through induction and summary;finally,it discusses the perfect measures for the exercise of teachers’ right to resign,which will comprehensively regulate the exercise of college teachers’ rights from the legislative,judicial and personal levels. |
