论公共部门编制外用工的法律规制——以J市为例

On the Legal Regulation of Employment outside the Authorized Strength of China's Public Sector

我国公共部门存在编制外和编制内用工"双轨制"。J市调研数据显示,编制外员工法律界定模糊,管理和监督机制缺位,劳动权保障不足,劳动关系不稳定。建议加强公共部门编制外用工的法制宣传教育,分类出台编制外用工制度和相应的配套管理、监督措施,规范编制外用工,保障编制外员工劳动权。

China's public sector has a dual track system of employment: inside and outside the authorized strength.According to the data of a survey of J City,the legal definition of the staff outside the authorized strength is vague,the management and supervision mechanism is absent,the labor rights protection is not strong enough,and the labor relations are unstable.It is suggested to strengthen the legal education and publicity regarding the employment outside the authorized strength and to formulate classified relevant employment regulations and corresponding supporting management and supervision measures so as to standardize employment outside the authorized strength and guarantee the rights of the related staff.