完善事业单位人事争议解决机制的构想

自2000年8月起,事业单位推行人事制度改革,试行人员聘用制,由身份管理向岗位管理制度转变,由此,因辞职、辞退、履行聘用合同等产生的纠纷日渐增多。为减少人事争议,完善人事争议解决机制,应规范事业单位人员聘用制。无论是编制内人员还是编制外人员的聘用都应严格依法进行,规范管理,从源头上减少争议的发生。同时,应加快事业单位改革,明确界定事业单位和事业单位工作人员的范围,以区分劳动争议和人事争议。

On Improving the Personnel Disputes Resolution Mechanism in Public Institutions

Since August of 2008, the public institutions have implemented the reform of personnel system and tested the appointment system, shifting from the personnel management to post management. As a result, the disputes involving resignation, dismissing, and perfo~llance of contract are on the rise. To reduce the personnel disputes and improve the settlement mechanism, it is necessary to perfect and standardize the appointment system in the public institutions. All kinds of employees shall follow the appointment procedures so as to reduce the disputes from the very beginning. Meanwhile, the public institutions need to accelerate reform to clearly define the scope of the institutions and their employees so as to distinguish between labor disputes and personnel disputes. Relevant laws and regulations have to be formulated to provide the legal guideline for the personnel management. It is equally important to improve the arbitrage organizations and enhance the competence of the arbitrators by enforcing the qualification system.