The implementation plan of Shenzhen to solve the temporary employment problem of teachers in public primary and secondary schools

Interim Measures of Shenzhen Municipality on the Administration of Temporary Teachers in Public Primary and Secondary Schools

Chapter I General Provisions

Article 1 In order to standardize the appointment and management of temporary teachers in our city, safeguard the legitimate rights and interests of temporary teachers, ensure normal teaching order, improve teaching quality and promote the development of education, these Interim Measures are formulated in accordance with the provisions of the Education Law of the People's Republic of China, the Teachers Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC) and other laws and regulations.

Article 2 These Interim Measures shall apply to the appointment and management of temporary teachers in public primary and secondary schools (including secondary vocational and technical schools, hereinafter referred to as schools) in this Municipality.

Article 3 The appointment of temporary teachers shall follow the principles of open examination, equal competition and merit-based employment, and the management of temporary teachers shall follow the principle of combining unified management with classified management.

Article 4 Temporary school teachers shall be appointed according to their posts. Schools should follow the law of education and teaching practice, within 15%-20% of the "career establishment". The municipal and district financial administrative departments shall allocate personnel funds according to the preparation, and the salaries of temporary teachers shall be charged in the vacant funds.

Article 5 Temporary teachers who are recruited by vacant teachers can enjoy relevant preferential treatment according to their working years, awards, professional and technical qualifications and academic qualifications. The specific measures shall be formulated by the municipal personnel administrative department in conjunction with the municipal education administrative department.

Encourage the employment of retired teachers who meet the conditions stipulated in the Interim Measures.

Sixth municipal and district personnel administrative departments shall do a good job of temporary teachers within the scope of their respective duties.

Chapter II Appointment

Seventh schools need to arrange for teachers to study full-time, long-term sick leave, maternity leave, abnormal growth of teaching and teaching tasks. , and can hire temporary teachers.

Article 8 The recruitment of temporary workers is mainly for people with local household registration and employment difficulties. If a municipal institution is really necessary but not limited to local registered personnel, it shall obtain the consent of its subordinate administrative departments, subordinate units and district personnel departments.

Article 9 A teacher shall meet the following basic requirements:

(1) Abide by the Constitution, laws and regulations of People's Republic of China (PRC);

(2) Having academic qualifications and professional and technical qualifications as required by the post;

(3) Men under 65 years old and women under 60 years old are in good health. The physical condition and health status of the personnel to be hired should be suitable for the post;

(4) Obtaining a teacher qualification certificate;

(5) Having no criminal record and good conduct.

Article 10 The appointment of temporary teachers shall be handled in accordance with the following procedures:

(1) If the hiring school needs to hire temporary teachers according to the working conditions, it shall put forward plans and recruitment plans to the education administrative departments at lower levels. The recruitment plans and recruitment plans shall be reported to the municipal and district education administrative departments for examination and approval according to the management authority, and organized and implemented after being reported to the municipal and district personnel administrative departments for approval;

(two) the release of the recruitment announcement and the implementation of the examination shall be carried out by the municipal and district personnel administrative departments in conjunction with the education administrative departments in accordance with the management authority. If there are special requirements for the post, it shall be indicated in the announcement;

(three) by the municipal and district education administrative departments in accordance with the management authority, the list will be reported to the municipal and district personnel administrative departments for the record; The list of temporary teachers in each district shall be reported to the administrative department of personnel and education for the record in June and February each year.

Eleventh temporary teacher recruitment plan submitted by the employment school shall include the following contents:

(a) the position to be recruited;

(2) reasons for recruitment;

(3) recruitment conditions;

(4) Appointment time;

Twelfth people who meet the requirements of the staff selection policy of this Municipality can apply for temporary teachers through direct assessment.

Retired teachers who meet the requirements of the Interim Measures may apply for temporary teachers through direct assessment.

Article 13 If there is a shortage of teachers in a school due to unforeseen reasons, with the approval of the subordinate education administrative department, temporary teachers may be recruited from those who meet the conditions for selecting and hiring personnel, and the temporary teachers shall be filed with the municipal education and personnel administrative department according to the provisions of Article 14 of these Interim Measures.

Chapter III Labor Contract

Article 14 An employment school shall sign an employment contract with the employed personnel in accordance with the principles of equality, voluntariness and consensus through consultation. The employing school shall, within 5 working days after the signing of the contract, report the summary of the employment of temporary teachers in Shenzhen to its personnel and education administrative departments for the record.

When signing the employment contract with the personnel to be hired, the employing school shall use the contract format of temporary teachers in primary and secondary schools in Shenzhen, and the conditions stipulated in the recruitment plan approved by the education administrative department and the personnel administrative department shall not be changed. The format contract for the employment of temporary teachers in primary and secondary schools in Shenzhen shall be formulated separately by the legal institution of the municipal government in conjunction with the administrative departments of education, personnel and finance.

Article 15 An employment contract shall include the following main contents:

(a) the parties to the contract;

(two) the main duties and tasks, workload and working standards of temporary teachers;

(3) the working conditions provided by the employment school;

(four) the work benefits of temporary teachers;

(5) Term of the contract;

(6) Liability for breach of contract;

(seven) other contents agreed between the school and the temporary teachers;

(eight) other matters that should be included in the labor contract as stipulated by laws and regulations.

Sixteenth the term of the employment contract shall be determined by the employing school according to the positions and tasks of the temporary teachers, and a fixed contract shall be signed. The term of the contract is generally 65,438+0 years, with a maximum of 3 years. You can also conclude a contract to complete a certain teaching task. The contract period can be determined according to the completion of teaching tasks, but the contract period shall not exceed 6 months.

A probation period may be agreed upon for temporary teachers employed by the school for the first time, but the longest probation period shall not exceed 3 months. The probation period is included in the employment period.

Article 17 A labor contract shall be terminated when the conditions for its termination appear.

If the employing school still needs to recruit temporary teachers according to the recruitment plan, after the expiration of the employment contract, if the temporary teachers pass the examination and both parties are willing to renew their employment, the employment contract may be renewed with the approval of the education administrative department.

The temporary teachers' employment contract signed before the implementation of the Interim Measures expires, and if it needs to be renewed after the implementation of the Interim Measures, it shall participate in the temporary teachers' recruitment examination organized by the municipal and district personnel administrative departments in conjunction with the municipal and district education administrative departments. Those who fail the examination shall not be re-employed.

Eighteenth temporary teachers are employed as staff in the employment contract period, the employment contract shall be terminated at the same time; If a temporary teacher is recruited as a staff member by other institutions during the term of the employment contract, the employment contract shall not be terminated before the end of the semester or the expiration of the contract.

The employment contract may be terminated with the consent of both parties.

Nineteenth in any of the following circumstances, a temporary teacher may unilaterally terminate the employment contract:

(1) is in the probation period;

(2) performing military service according to law;

(three) the employing school fails to perform the contract, or violates the relevant provisions of the state and infringes on the legitimate rights and interests of temporary teachers;

(4) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and regulations.

If a temporary teacher terminates the employment contract according to the provisions of the preceding paragraph, it shall notify the employing school in writing 30 days in advance; During the probation period, the employment school should be notified 3 days in advance.

Twentieth temporary teachers in any of the following circumstances, the employment school can unilaterally terminate the employment contract:

(a) Being absent from work for more than 5 consecutive working days or being absent from work for 1 school year 10 working days or more;

(two) due to violation of discipline or operating rules, or dereliction of duty, resulting in serious consequences;

(three) seriously disrupting the work order, so that the work of this unit can not be carried out normally;

(four) illegal behavior, not suitable to continue working in the employment school;

(five) during the probation period, it is proved that it does not meet the employment conditions;

(6) Failing to pass the examination during the employment period;

(seven) illness or non-work-related injuries, after the expiration of the prescribed medical treatment can not engage in the original work, and do not obey other arrangements;

(8) This Contract cannot be performed due to the change of organization setting and the agreed dismissal conditions;

(nine) other circumstances stipulated by laws, regulations and rules.

If the employing school unilaterally terminates the employment contract due to one of the circumstances mentioned in Item (7) and Item (8) of the preceding paragraph, it shall notify the temporary teachers in writing 30 days in advance.

Chapter IV Wages and Treatment

Twenty-second temporary teachers' salary shall be determined by the employing school in accordance with the provisions of the relevant municipal competent departments, according to the nature of temporary teachers' posts, workload, professional and technical qualifications, teaching performance assessment and other aspects.

The municipal personnel administrative department shall, jointly with the municipal finance and education administrative departments, formulate the salary adjustment plan for temporary teachers according to their academic qualifications, professional and technical qualifications, working years and positions.

Twenty-third temporary teachers in accordance with the provisions of relevant laws and regulations and the provisions of the employment contract to participate in the relevant social insurance for employees of enterprises in Shenzhen, enjoy the relevant insurance benefits.

Chapter V Assessment, Reward and Punishment

Twenty-fourth hiring schools should assess temporary teachers in accordance with the principles of objectivity and fairness, and establish an assessment system based on the employment contract and combining the probation period assessment with the employment period assessment.

Twenty-fifth the assessment of temporary teachers is based on the employment contract, according to the performance of temporary teachers, and the assessment of temporary teachers should be attended by the parents' representatives of the students they teach.

Twenty-sixth temporary teachers assessment is divided into excellent, qualified and unqualified three grades.

The assessment results of temporary teachers during the employment period shall be used as the basis for their renewal, salary and rewards and punishments.

Twenty-seventh temporary teachers in the city's education and teaching evaluation activities to enjoy the same treatment as employed school staff.

Twenty-eighth temporary teachers who violate the law and discipline shall be dealt with in accordance with relevant regulations.

Twenty-ninth temporary teachers who have performed the employment contract for more than 1 school year and are employed as school staff may no longer implement the probation period.

Thirtieth temporary teachers who meet the application conditions of professional and technical qualifications in our city can apply for professional and technical qualifications, enjoy the right of continuing education for professional and technical personnel, and undertake relevant obligations.

Chapter VI Supplementary Provisions

Thirty-first temporary teachers and employment schools because of the appointment procedures or the contents of the employment contract dispute, you can apply to the labor dispute arbitration institution within the prescribed time limit.

Thirty-second the Interim Measures shall come into force as of June 26, 2009.

Temporary teachers who have been employed before the implementation of these Interim Measures shall not engage in teaching work if they do not meet the conditions stipulated in these Interim Measures, and the employment contract shall not be renewed after the expiration.

Since the implementation of the "Interim Measures", the school staffing can not be used to hire temporary teachers.

Employees who have been engaged in teaching before the implementation of these Interim Measures can continue to work in their original posts in line with the conditions stipulated in these Interim Measures, and their management work shall be implemented with reference to these Interim Measures.