Research On The Liability Of Teachers Breaching The Personnel Employment Contract In Public Universities

Since the second half of the last century,our country’s economic system has gradually undergone profound changes,accompanied by the continuous reform of the personnel management system of our country’s public universities.In the field of education,the government began to liberalize colleges and universities,decentralize power,and implement reform of the personnel management system of public institutions.The gradual implementation of the employment system has transformed the status of teachers in public colleges and universities from "national cadres" with tenure system to "professional and technical personnel",and from the original identity management to post management.The personnel employment contract is the product of the employment system reform,and has become the basis for clarifying the mutual rights and obligations between public universities and their teachers.The implementation of the employment system,through an effective assessment and reward mechanism,has played a positive role in the protection of teachers’ legitimate rights and interests and the competition and development of talents within colleges and universities.Showing a random phenomenon.Especially in recent years,with the continuous advancement of the national "Double First-Class" strategy,the"battle for people" between colleges and universities has become more and more fierce,and the flow of college teachers has become unprecedentedly active,followed by public colleges and hired teachers.There has been a substantial increase in personnel disputes.There are often divergent opinions in different judicial judgments about whether teachers have the right to resign,the standard of liquidated damages in employment contracts,and whether the terms of the service period are legal.Whether teachers should bear the responsibility for breach of contract in the personnel employment contract of public universities and how they should bear it depends in many cases on the judicial habits of different courts and the unreasonable contract terms of universities.The reason is that at the legal level,the legislation in the field of personnel is too lagging and abbreviated,resulting in “unable to rely” on personnel disputes.different judgments".On a practical level,although the law stipulates that the employment contract must be signed by both parties through equal consultation,the actual status between public universities and teachers is unequal,and teachers are often unable to exercise the right to negotiate and have to accept some inconsistencies in the employment contract.fair terms.On the basis of deconstructing and distinguishing related concepts such as personnel employment contracts and teachers’ liability for breach of contract in public colleges and universities,combined with the current legislative and judicial status quo in this field,this paper summarizes the relevant problems of teachers’ liability for breach of contract in personnel employment contracts in public colleges and universities in my country,such as Legislation is abbreviated and lagging behind,which makes the specific content of the employment contract impossible to follow.Judicial adjudication basis is illegal,law is used in confusion,and it is difficult to achieve substantial fairness and justice by simply using the civil law thinking of autonomy of will to try personnel disputes.Finally,this paper proposes corresponding countermeasures.In terms of legislation,the legislation should be improved,and the key content of the employment contract should be regulated by law.The determination of liquidated damages should be subject to the review of the principle of fairness in the judiciary.Legality,restrict the interpretation of the content of the proviso of Article 17 of the "Regulations on Personnel Management of Institutions",and cannot deprive teachers of the right to resign.Through the above suggestions and countermeasures,it is expected to provide a theoretical reference for the legislation and judiciary of the current public university personnel employment contract teachers’ breach of contract liability.