事业单位聘用合同管理问题与规范对策

Problems and Standardized Countermeasures in the Management of Employment Contracts in Goverment-offi liated Institutions

聘用制是事业单位以合同的形式确定与职工基本人事关系的一种基本用人制度。完善聘用合同管理规范,是实施聘用制度、建立事业单位人事制度体系的前提和基础。聘用制改革以来,我国聘用合同规范主要存在《劳动合同法》在事业单位如何适用定位不清,《事业单位人事管理条例》关于聘用合同管理的规定较为简略含混,地方聘用合同管理规范与政策冲突,聘用管理实践失范等问题。应按照搞活用人机制的人事制度改革目标,遵循人事关系调节的法理原则,合理确定劳动法规在事业单位的适用范围和程度,促进聘用管理中公共利益与职工利益的平衡的思路完善聘用合同管理机制,根据事业单位聘用合同存在的订立原则、期限、人事关系建立时间、试用期、必备条款和约定条款、履行、监管等方面的特殊情形进行调整和规范。

With the deepening of the reform in personnel system of Goverment-offi liated institutions, the concept and policy system of the employment system in Goverment-offiliated institutions in China have been constantly improved, and the employment system has become the basic employment system. The extensive conclusion of employment contracts puts forward higher requirements to the legalization and standardization of contract management. However, in practice, there are still some problems in the employment contracts of public institutions, such as unclear legal nature of the personnel relationship, lack of clear definition of the rights and obligations of the employment subject, unclear application of the law of contract management, and lack of operability, pertinence and systematicness of the employment standard, which to a certain extent all cause the anomie of employment management and difficulty in handling personnel disputes. In order to improve the employment system, we should follow the personnel system reform goal of enlivening the employment mechanism, follow the legal principle of personnel relationship adjustment, reasonably determine the scope and extent of application of labor laws and regulations in government-offiliated institutions, improve the employment contract management mechanism according to the thinking of promoting the balance of public interests and employees’ interests in employment management, and carry out adjustment and standardization according to the principles and duration of employment contracts in government-offi liated institutions, the establishment time of the personnel relationship, the probation period, the necessary terms and agreed terms, the performance, the supervision and other special circumstances.