中西部农村代课教师权益保护路径研究

A Study of the Pathway of Protecting Rights and Interests of Substitute Teachers in Midwestern Rural Areas

在中西部农村地区代课教师目前仍然是一个庞大的教育群体。在政策性清退的背景下,代课教师存在着"代转公"、同工同酬、提高清退补偿等方面的权益诉求。本文在对其权益诉求进行法律分析的基础上,探索了农村代课教师的权益保护路径:依法保障合法权益,树立国家责任意识;利用仲裁、诉讼等法律手段,进行维权;构建侵权责任追究机制和教育仲裁制度等,最终能妥善地解决好代课教师权益问题。

In Midwestern rural areas, substitute teachers nowadays still constitute an enormous teaching body. Under the background of clearing-out policy, substitute teachers make claims for rights and interests regarding issues of turning into normal teachers, equal payment for equal work and raising compensation if being cleared out. On the basis of making a legal analysis of their demands, the paper intends to search for a pathway of protecting their rights and interests, which includes safeguarding their legal rights and establishing a sense of responsibility of the State ; protecting rights through legal methods of arbitration and litigation; and building up tort responsibility investigation mechanism and education arbitration system, which are helpful for settling the problems of substitute teachers.