事业单位聘用合同与《劳动合同法》适用问题研究

On Employment Contracts in Institutions and the Applicability of Labor Contract Law

2008年1月1日起施行的《劳动合同法》将事业单位人员纳入了劳动合同法管理,依照事业单位人员在事业单位中所具有的不同身份,事业单位聘用合同与《劳动合同法》是否适用问题可分为3种情形:适用或参照公务员法管理的人员——不适用劳动合同法;实行聘用制的工作人员——灵活适用劳动合同法;其他人员——完全适用劳动合同法。

The Labor Contract Law carried out on Jan. 1,2008 brings employees in institutions into its management. In accordance with different identifications of employees in institutions, the applicability of Labor Contract Law to employment contract in institutions can be achieved in the following three situations. Employees who are applicable or refer to the management of civil servants are not applicable to Labor Contract Law. Work- ing staff who are in the management of employment system are flexibly applicable to Labor Contract Law. Other personnel are completely applicable to Labor Contract Law.