Does the Labor Contract Law apply to the recruitment of personnel by self-financed public institutions?

1. The Labor Contract Law does not apply to the establishment of civil servants.

According to Article 4 of the Ministry of Labor's "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China", the following persons are not workers as referred to in the "Labor Contract Law", The Labor Contract Law does not apply: civil servants and employees of public institutions and social groups that implement the civil service system by analogy. The behavior of civil servants in exercising state power in accordance with the law is not the performance of the obligations stipulated in the contract, and state power cannot be the object of the contract, so it cannot be used as the object of the contract. Civil servants are considered employees. Our country currently adopts a model of separate legislation for civil servants and non-civil servants. The labor relations of civil servants are regulated by the Civil Servant Law and other laws. The Labor Contract Law also does not apply to staff members who are subject to the civil service system (such as staff members of labor, youth, women and other social groups).

2. Whether it is applicable to public institutions depends on whether you are a civil servant or a contract system.