Research On The Legal Effect Of The Appointment Of Teachers’ Service Period In Public Colleges And Universities

For teachers in public universities in China,the legal relationship between teachers and universities is not the traditional labor relationship.As a public institution,colleges and universities have established employment relations between teachers and universities after the reform of the teacher appointment system and the full employment contract system in colleges and universities.Because of the particularity of the legal relationship between the two parties,there will be disputes on the application of law when dealing with disputes between the two parties.For the service period agreed by both parties,such disputes are common.This article first starts from the judicial case,focuses on the public university and the teacher has about the service period question dispute case.A total of 153 cases were found,and then the cases were screened,combed and analyzed.To sort out the current disputes over the application of the law on the issue of service periods between the two sides,including specifically the case of the agreement of service periods between universities and teachers,whether the agreed service period between university and teachers can exclude teachers’ right to resign in advance and the types of liability for breach of contract that university teachers should bear after violating the agreed service period.First of all,in view of the situation of the service period agreed between colleges and universities and teachers,through the analysis of the case,it is clear that the two parties mainly agree on the service period in four cases,while the court mainly has a dispute in the judgment whether the provisions of Article 17 "otherwise agreed" of the Regulations on Personnel Management of Public Institutions or the first paragraph of Article 22 of the Labor Contract Law should be applied to judge the effectiveness of the service period agreement between the two parties.In this case,it is necessary to clarify the different nature of the term agreed by both parties.It is clear that the service period for teachers to study for degrees and further study belongs to the funded training service period,and the provisions of the service period in the Labor Contract Law should be applied to determine the effectiveness.The service period for high-level talent introduction belongs to the general employment contract term,which belongs to the two parties’ other agreement on the termination of the employment contract,and the effectiveness should be determined from the perspective of the term of the general labor contract.However,in the case of evaluation and employment of teachers’ professional and technical positions,the agreement on the service period of both parties is invalid.Secondly,in view of the issue of whether the agreed service period between colleges and universities and teachers can exclude teachers’ right to resign in advance,through the analysis of cases,the court’s judgment positions are mainly divided into two types.One claim is that according to Article 17 of the Regulations on Personnel Management of Public Institutions,the agreement on the service period between teachers and universities is another agreement on the termination of the employment contract,which does not support teachers to exercise the right of pre-notice resignation under the premise of the agreement on the service period,and it is determined that the personnel employment relationship between the two parties will not be terminated.Another view is to interpret the service period agreement of both parties as an agreement on the liability for breach of contract,so as to support teachers to exercise the right of pre-notice resignation,determine the termination of the employment relationship between both parties,and teachers should bear the corresponding liability for breach of contract.Under this dispute of application,it also highlights the value conflict between freedom and integrity and the conflict between the particularity of colleges and universities as educational units and the freedom of teachers to resign.In this case,It should be clear that the agreement between both parties to exclude the right of teachers to resign in advance is invalid.Teachers can still exercise the right of pre-notice resignation even if there is an agreement on the service period of both parties,so as to ensure the freedom of resignation and career choice of teachers.Finally,as for the liability for breach of contract of university teachers who violate the service period agreement,through the study of the case,it is found that the content of the liability for breach of contract agreed by both parties is different due to the different conditions of the agreed service period.There are also differences in the types of liability for breach of contract supported by the courts in the specific determination.The most controversial issues are whether the salary and welfare benefits of university teachers should be returned during their degree study and further study,as well as the payment of teachers’ liquidated damages.When the court specifically identified,it was argued that the liability for breach of contract that teachers should bear should be strictly limited in accordance with the provisions of the second paragraph of Article 22 of the Labor Contract Law.However,some advocates that the responsibilities of teachers for breach of contract should be defined according to the agreement of both parties in accordance with the provisions of Article 17 of the Regulations on Personnel Management of Public Institutions,which will undoubtedly lead to the polarization of interest protection and does not meet the requirements of the principle of fairness.Therefore,it is necessary to determine the applicable legal provisions to judge the liability of teachers for breach of contract according to the different agreed conditions of service period.For teachers who meet the provisions of the Labor Contract Law to study for degrees and further study,the corresponding provisions of the Labor Contract Law on the period of training service funded by the Labor Contract Law shall apply,and teachers shall bear the liability for payment of liquidated damages limited to the special fees provided by colleges and universities.At the same time,from the perspective of teachers’ labor conditions during their study,determine the return of wages and benefits.For the liability for breach of contract during the service period of the introduction of high-level talents,the provisions of the Civil Code should be applied.From the perspective of the consideration for the performance of the obligation of advanced investment by colleges and universities,the civil law principles of the return of unjust enrichment and compensation for damages should be used to determine the liability for breach of contract that teachers should bear.