科研院所人事聘用合同与劳动合同法适用问题的研究

Applicability of Personnel Employment Contract Law and Labor Contract Law in Scientific Research Institutes

即将实施的劳动合同法明确将事业单位聘用合同纳入其适用范围,但科研院所至今仍实行编制管理,造成科研院所制定聘用合同时要兼顾劳动合同法和人事管理制度。通过区别二者关于合同期限、试用期、服务期以及解除合同四方面的不同要求和冲突,具体分析各自的合理性及侵权之处。强调在适合事业单位人员聘用的专门实体法出现之前,聘用合同优先适用劳动合同法,并对相关人事法规政策作相应的修改和完善,逐步实现科研院所人事制度改革与劳动合同法的顺利接轨。

The labor contract law which is to be implemented soon clearly covers employment contract law in instiutions. But scientific research academies and institutes still practice staffing management, so they have to consider both labor contract law and personnel management system when establishing employment contracts. This papper compares employment contract law and labor contract law, revealing the conflicts and different requirements between them in aspects of contract period, probationary period, period of service and termination of contract, and analyzes their respctive reasonableness and infringement. The paper then points out that before any substantive law for employment in instutions are put into effect, employment contract law should take priority of labor contract law in scientific research institutes while relevant personnel employment regulations and polices should be adapted and improved to prepare for the smooth convergence of employment contract law and labor contract law in scientific reseach instiutes.