Can The Staffing Staff Go Away?

Liu graduated from university in 2013 and took part in the open recruitment examination of a municipal institution. He was hired by a primary school as a mathematics teacher, and the two sides signed a contract of employment for a period of 3 years.

After 2 years of work, Liu wanted to go out and make a rush for himself, so he put forward the cancellation contract to the school in March 2016.

The school took into account its own work plan and personnel arrangements, did not agree with Liu's departure requirements.

A month later, Liu switched to an education and training institution.

After learning about this matter, the school asked Liu to continue to work in the unit, otherwise he would be punished.

Liu believes that he has been 30 days in advance to inform the unit to terminate the employment contract, the employment contract has been lifted.

Schools are public institutions.

In addition, the termination of employment contract relationship between public institutions and employed personnel is not applicable to the relevant provisions of the labor law.

According to the opinions on the employment system of trial personnel in public institutions, if the employed personnel have the following circumstances, they may unilaterally rescind the employment contract at any time: (1) during the probation period; (2) enter the ordinary institutions of higher learning; (3) be employed or pferred to the state organs for work; (4) take military service according to law.

In addition to the four cases mentioned above, the employed personnel are relieved of their employment.

Should be consistent with the employing units, and fail to reach a consensus, the employed personnel should adhere to the work and continue to fulfill the rights and obligations stipulated in the employment contract; after 6 months, the employed person may again propose the rescission of the employment contract. If the employer fails to reach a consensus with the employing unit, the employed person may unilaterally rescind the employment contract.

At present, the status of the staff in public institutions is rather complicated. Some of them have formal career plans. They are engaged in employment system, and some have no job quota. They can only sign labor contracts with their units.

The resignation of these staff must be differentiated.

Where the resignation of a staff member with a formal career is resigned, the provisions of the "opinions on the appointment of trial personnel in public institutions" issued by the Ministry of personnel shall apply.

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"The ninety-sixth provision states:" if a public institution or a staff member engaging in the appointment system signs, performs, changes, terminates or terminates the labor contract, if the law, administrative regulations or the State Council otherwise stipulates, it shall, in accordance with the relevant provisions of this law, in accordance with the relevant provisions of this law.

In short, the special law has priority in applying special laws.

In this way, the connection between this Law and the current personnel management system of public institutions has been solved, the situation that the employment contract of public institutions can not be solved has been solved, and there is room for the reform of personnel system in public institutions.