论事业单位聘用合同关系的法律适用

Legal Applicability of Employment Contract Relationship in Public Institutions

事业单位聘用合同关系适用法律存在缺失。《劳动合同法》出台后,其是否是劳动法律意义上的劳动关系,能否适用劳动合同法存在争议,仅从现行有关法律规定看,不仅规定不明确,而且存在明显冲突。从劳动法律性质看,起源于工厂法的劳动法律,适用在明显有别于工厂的文教、卫生、科研机构等社会服务组织时有极大难度。事业单位的特殊性要求其人事关系调整,理应有一部有别于企业劳动法律制度的法律,以致力于满足提供公共产品与公共服务的政策性需要为出发点和落脚点。通过特殊制度设计,实现公共产品、公共服务提供的公平、便捷与高效。事业单位聘用关系法律制度与公务员法律制度、劳动法律制度并存,分别调整不同领域的、各具特点的用人关系。

There is something missing in employment contract relationship of public institutions. After Labor Contract Law was promulgated, whether the law represented the labor relation in the legal meanings of labor and whether its existence was matched with Labor Contract Law, remained a question. Merely in the view of current laws and regulations, these rules are not only ambiguous but also conflicted with each other. In its nature, labor laws originated from factory law are difficult to be applied to social service organizations such as departments in culture and education, sanitation, and research which are obviously different from factory. The particularity of public institutions require related regulations of personnel relation and a law different from enterprise labor law system, thereby meeting the political requirement of public goods and services. The fairness, convenience and efficiency of public service can be realized by special design for system. The legal system of employment contract relationship of public institutions coexists with legal system of civil servant and that of labor, respectively regulating personnel relationship of different fields.