中小学教师劳动用工制度的完善——兼议中小学人事制度改革的问题与路径

Perfecting the Elementary and Middle School Teachers' Labor Engagement System——On Problems and Approaches to the Personnel System in the Elementary and Middle Schools

中小学教师的人事安排和人员流动必须在国家的宏观调控之下。公立中小学与民办中小学校教师可实行分类管理,并且适用不同的管理制度。公立中小学教师主要依据行政法法律制度,实行定期交流制度;民办学校教师、自由流动教师、代课教师可规定为政府雇员,主要依据民法规范学校与教师的劳动关系。两类教师应该具有相同的法律地位,在工资、福利待遇、工作环境等方面基本相同。

The personnel arrangement and moving in the elementary and middle schools should be in the macroscopic control of government. Public and private primary and middle school teachers can be managed in different ways in accordance with different systems of management. Public school teachers should be exchanged periodically in different schools according to the administrative law. Private school teachers, free-moving teachers, substitute teachers should be governmental employees and the relation between schools and these teachers should be rectified according to civil law and labor law. The above two sorts of teachers should have the same legal status, and have the same pay, material benefits and working conditions.