What Are the Different Types of Contract Specialist Jobs?

The employment contract system is an agreement system in which the hiring unit establishes an employment relationship with the hired person and clarifies the rights and obligations of both parties. Once an employment contract is signed, it is legally binding. The purpose of implementing the employment contract system is to deepen the reform of the school personnel system and to protect the legitimate rights and interests of the school and the teaching staff. ^[1]

Employment contract

The employment contract system is an agreement system in which the hiring unit establishes an employment relationship with the hired person and clarifies the rights and obligations of both parties.

The central government requires that the employment mechanism of public institutions based on contract management be gradually improved, and specific measures be adopted for the implementation of the employment contract system in different industries and types of institutions. , Management and implementation issues are very prominent. The implementation of a unified employment contract system will change this situation. ^[2]

The main provisions of the employment contract system

1. Newly hired faculty and staff should fill out the Employment Manual.

2. Under the principle of equality and voluntariness on both sides, the principal signed a contract with the newly hired teaching staff.

Difference between employment contract and labor contract

Applicable subject is different

The subjects of the contract and the labor contract are generally units and individuals. However, the scope of "unit" and "individual" is defined differently in different contracts. The unit in the employment contract (referred to as the hiring unit in the employment contract) refers only to the public institution, excluding the public institution that manages personnel according to the national civil service system and is transformed into an enterprise. The individual in the employment contract (referred to as the hired person in the employment contract) refers only to the laborer who establishes an employment relationship with the public institution (except for the personnel management according to the national civil service system and the institutional unit transformed into an enterprise) through the employment contract. In addition, the employment contract introduced an avoidance system and made special requirements on the scope and position of the hired personnel, that is, if the hired person has a marital relationship, direct blood relationship, close blood relationship or close marriage relationship within three generations, Those employed in the positions of secretary or personnel, finance, auditing, disciplinary inspection and supervision of the person in charge of the unit shall not be employed in positions with direct leadership relationship. In view of the actual implementation of the employment contract system in public institutions for the first time, the employment contract system has also implemented a priority system for applicants in order to maintain the stability of the personnel management of the employing unit as much as possible, that is, the employing unit should give priority to the current unit Those who are selected and recruited and are faced with social recruitment, under the same conditions, the applicants of the unit have priority.

The units in the labor contract (referred to as the employer in the labor contract) refer to enterprises, individual economic organizations (including individual industrial and commercial households, and private non-enterprise units) in China, as well as public institutions that implement enterprise management. State organs, institutions, social organizations, etc., where workers establish labor relations. An individual in a labor contract (referred to as a laborer in a labor contract) refers only to a person who establishes a labor relationship with an employer through a labor contract. China's labor laws and regulations have not made any requirements on the scope of workers, such as avoidance, priority, etc. The employer in a labor contract enjoys more autonomy in employment than the employer in an employment contract. In addition, neither the employed persons in the employment contract nor the laborers in the labor contract include national civil servants, workers in public institutions and social organizations that follow the civil service system, and active duty military personnel.

The content and form of the contract are different

The employment contract includes the contract terms, job content or job positions and responsibilities, labor discipline, labor protection and labor conditions, labor compensation, contract modification and termination conditions, and liability for breach of contract as the necessary provisions. At the same time, both parties to the contract are allowed to negotiate terms such as probation period, training, intellectual property protection, and advance notice of termination of employment. The statutory mandatory clauses of the labor contract include the social insurance clauses in addition to the above-mentioned mandatory clauses of the employment contract. In addition, in the form of the contract, the employment contract requires the use of a format text uniformly formulated by the Beijing Municipal Personnel Bureau, and the labor contract does not make uniform requirements in the text format.

Contracts have different durations

The duration of the employment contract is divided into short-term, medium-long-term, and completion of certain tasks. The short-term is less than 3 years. The long-term and long-term contract for completing a certain job shall not exceed the maximum number of years that the applicant can reach the retirement age prescribed by the state. The term of a labor contract is divided into a fixed term, an indefinite term, and a period for completing a certain job. There is no limit to the minimum length of the contract. It can be seen that, in terms of contract duration, labor contracts are broader than employment contracts.

In addition, although both parties allow the parties to negotiate a probation agreement, the probation period of the labor contract must correspond to the contract period. That is, if the term of the labor contract is less than 6 months, the probation period shall not exceed 15 days; if the term of the labor contract is more than 6 months and 1 year, the probation period shall not exceed 30 days; if the term of the labor contract is more than 1 year and 2 years, probation The period shall not exceed 60 days; if the term of the labor contract is more than 2 years, the probation period shall not exceed 6 months. The probationary period of the employment contract is only applicable to hiring newly transferred personnel. The probation period shall not be agreed upon when the first demobilization and re-entry military personnel received by an institution signs an employment contract. At the same time, the probation period generally does not exceed 3 months, and the maximum cannot exceed 6 months. If the employed person is a fresh graduate of college or technical secondary school, the probation period may be extended to 12 months.

Different conditions for entering into a contract to retire

The term-to-retirement contract refers to an employment contract or labor contract signed by a unit and an individual for the purpose of establishing an employment relationship or labor relationship, and the term is until the individual reaches the national legal retirement age. In the employment contract system, it is called "a contract from employment to retirement", and in the labor contract system, it is called "a contract without a fixed term." The employment contract signed by the hiring unit and the person to be hired to retirement must meet the following conditions at the same time:

(1) The hired person has worked in the unit for 25 years

(2) The employee has been working for 10 consecutive years and the age is less than 10 years from the retirement age set by the state;

(3) The person applying for the application has made an application to enter into an employment-to-retirement contract.

The conditions that an employer and an employee must have to sign an open-term labor contract are:

(1) Workers have worked continuously in the same employer for more than 10 years;

(2) Both parties agree to renew the labor contract;

(3) The employee himself submits an application to the employer for an open-term labor contract.

The jurisdiction of the contract is different

The jurisdiction of a contract includes two aspects: one is the identification of invalid contracts; the other is the acceptance of contract disputes. The invalidity of the employment contract shall be confirmed by the personnel dispute arbitration commission or the people's court. In the event of a dispute arising from the conclusion and performance of an employment contract, the parties may apply to a higher administrative department for mediation and processing or apply for arbitration to the personnel dispute arbitration commission. The arbitration result is binding on both parties to the dispute, that is, "final arbitration". The invalidity of the labor contract shall be confirmed by the labor dispute arbitration commission or the people's court. For disputes arising from the conclusion and performance of a labor contract, the parties should first appeal to a competent labor dispute arbitration commission. If they are dissatisfied with the ruling of the labor dispute arbitration commission, they can sue to the competent people's court within the prescribed time limit, that is, "One trial and two trials." Whether it is the "first arbitration of first arbitration" of personnel disputes or the "second arbitration of first arbitration" of labor disputes, the author believes that the two have their own advantages in terms of efficiency and fairness, and I will not comment here. However, it is worth mentioning that the employment contract system has introduced litigation settlement methods in the determination of invalid contracts. This is more democratic and fairer than the previous "internal settlement" model of personnel disputes.

Mandatory contracting

Whether it is the conclusion of an employment contract or a labor contract, the principles of equality, voluntariness and consensus must be followed. However, the conclusion of the employment contract is still mandatory. Mainly manifested in the following: When the public institution started the trial employment contract system, the following types of personnel shall not refuse to sign the employment contract without the unit's consent, namely:

(1) The main person in charge of the national and city, district, or county key scientific research unit, the backbone of the business, or the major (key) work (engineering) of the unit has not been completed;

(2) engaged in work involving state secrets or worked in state secrets within the prescribed period of confidentiality;

(3) Those who serve in important positions of the unit or engage in special industries or special types of work, and cause significant damage to the unit's interests after leaving the company. There is no such compulsory requirement in labor contracts.

Different conditions for termination of contract

Under the employment contract system, the employment unit can unilaterally terminate the employment contract at any time:

(1) Those who do not meet the requirements of this position and do not agree to adjust other positions during the probation period;

(2) Continuous absenteeism for more than 10 working days or cumulative absenteeism for more than 20 working days in a year;

(3) Without the consent of the hiring unit, leaving the country without permission or leaving the country overdue;

(4) Violation of work regulations or operating regulations, accidents, or negligence or malfeasance, causing serious consequences;

(5) The work order is severely disrupted, causing the employing unit and other units to fail to work normally;

(6) Those who have been sentenced to imprisonment or higher and sentenced to imprisonment or are being reeducated through labor.

The hiring unit may terminate the employment contract unilaterally, but the circumstances in which it should fulfill its obligation to notify in writing 30 days in advance are:

(1) If the employed person is ill or not injured due to work, and after the medical period expires, he / she cannot engage in the original job or other work arranged by the employer;

(2) if the hired person fails the annual assessment or the appointment period, and does not agree with the employing unit to adjust his job position, or the assessment is still unqualified after the new position;

(3) A significant change in the objective circumstances on which the employment contract is based makes the contract unable to be performed, the parties cannot reach an agreement on changing the employment contract through negotiation, or the hired person does not obey the work arranged separately.

Under the labor contract system, the employer can unilaterally terminate the labor contract at any time:

(1) It is proved that the qualifications are not met during the probation period;

(2) Serious violations of labor discipline or rules and regulations of the employer;

(3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer's key units;

(4) Being investigated for criminal responsibility according to law.

The employer may terminate the labor contract, but the circumstances in which it should fulfill its obligation to notify in writing 30 days in advance are:

(1) Workers who are ill or are not injured due to work, and after the expiration of the medical treatment period, they cannot engage in the original work or work arranged by the employer;

(2) Workers are incompetent for work, and are still incompetent after training or adjustment of job positions;

(3) A significant change in the objective conditions upon which the labor contract was concluded, which has rendered the original labor contract incapable of performance and the parties cannot reach agreement on the modification of the labor contract after negotiation.

It can be seen from the above that although the contract termination conditions are different under the two different employment management systems, the author believes that the contract termination system under the employment contract system highlights the principle of human resource management efficiency and the employer's autonomy of the employer. In addition, there are also differences in granting employees or workers the right to unilaterally terminate the contract. The relevant provisions of the employment contract system are more detailed, taking into account the circumstances in which the employees are promoted to college, hired as civil servants, and military service.

Different dispute resolution mechanisms

Under the employment contract system, any dispute between the hired person and the hiring unit due to recruitment, dismissal, assessment during the contract period, non-employment placement, and contract period, etc., either party may apply for mediation and processing to a higher authority or arbitration to a personnel dispute The committee applies for arbitration, and the results of the arbitration are binding on both parties. Under the labor contract system, disputes between laborers and employers arising from the conclusion and performance of labor contracts are subject to "one arbitration and two trials", that is, the labor dispute is first decided by the labor dispute arbitration committee. The court filed a lawsuit. The author needs to explain here: under the employment contract system, it only provides judicial remedies for determining the effectiveness of the employment contract. Any party can file a confirmation lawsuit with the People's Court. The settlement of other personnel disputes can only be handled by the superior. Departmental mediation or arbitration by the personnel dispute arbitration commission. If the parties are not satisfied with the ruling of the personnel arbitration commission, they may not bring a suit in a people's court. In addition, the employment contract system did not specify the time limit for appealing personnel disputes, which not only affected its application in practice, but also reduced the supremacy of this local legislation in certain procedures. The author regrets this. .

In short, compared with the employment contract system, the two sides have their own strengths, advantages and disadvantages, and each has its own emphasis. Although the two are two different personnel and employment management systems, they are in line with the needs of the market economy and have the same value orientation for protecting the interests of workers. The author believes that with the continuous deepening of China's personnel system reform and the gradual opening of the labor market, the two systems will definitely complement each other in application until they converge.