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What does the employment system written by some institutions in Heilongjiang mean?
Employment system: an employment system that determines the basic personnel relationship between institutions and employees in the form of contracts, that is, the identity attribute of employees in institutions in their own units is determined by signing employment contracts with them.
Filing system: All employers in China should go through the administrative department of labor and social security at or above the county level where their household registration is located to recruit employees who have formed labor relations according to law. Where an employing unit recruits new employees or renews the labor contract with employees, it shall do so within 30 days from the date of recruiting or renewing the labor contract.
Main differences between employment contract and narrow labor contract
Employment contract is a special form of generalized labor contract, which has the basic characteristics of labor contract, and its basic system is consistent with labor contract. However, due to the characteristics of public institutions and the current state management of public institutions, it is still different from enterprises in some aspects, so it is different from narrow labor contracts (enterprise labor contracts), mainly in the following aspects:
1, with different scope of application. The main body of narrow sense labor contract is enterprise, and the scope of employment contract is mainly public institution. Employment contract is the product of personnel system reform in public institutions in recent years. The content of the employment contract system reflects that the employment system of public institutions realizes the production of its material products by concluding labor contracts. Institutions are organizations engaged in non-production and business activities, and the labor results obtained through the conclusion of employment contracts are mainly spiritual products and knowledge products. The production activities of enterprises are for profit, and the service activities of public institutions belong to social welfare undertakings. While realizing its economic benefits, we must put social benefits in the first place.
2. The degree of government intervention is different. At present, public institutions are still in the process of reform. As a party to the employment contract, the employing unit is not an independent market entity in the full sense, which is different from the enterprise becoming an independent market entity in the reform. The state still implements macro-management of public institutions in some important aspects, mainly in the following aspects:
(1) headcount management. At present, the state-funded institutions still implement strict staffing management;
(2) fund management. Since the founding of New China, institutions have been using the management methods of administrative organs, and all funds are allocated by the state. Since 1980s, public institutions have successively carried out reforms in the fields of finance and personnel, and formed several types of public institutions, such as full funding, balance allocation and self-supporting. In the late 1990s, the state allocated funds to public institutions in the form of fixed subsidies. But in fact, the funds of public institutions are still in the form of full state subsidies and differential subsidies. For example, primary and secondary schools in the education system are basically fully funded by the state. Although these units employ new employees in the form of employment contracts, their enrollment plans, teaching plans, teachers' salaries and benefits are all implemented in accordance with relevant state regulations.
(3) the wage system. The wages and salaries paid by public institutions to employees are mainly paid in accordance with the standards set by the state. According to the relevant provisions of the state, professional and technical personnel in public institutions implement different wage systems, such as professional and technical personnel post-level wage system, professional and technical personnel post-level wage system, artistic structure wage system, sports allowance and bonus system, personnel post-level wage system, etc. In the reform in recent years, many institutions have increased the proportion of post wages, but the rigidity of their wages is far greater than that of enterprises, which is also determined by the public welfare and gradual reform of institutions. Therefore, the content of the employment contract concluded between a public institution and its employees not only reflects the will of the public institution, but also reflects the content of national macro-management.
3. Management and supervision departments are different. According to the division of functions of various departments in the State Council, at present, the Ministry of Personnel and the Ministry of Labor and Social Security of the State Council provide macro-policy guidance and supervision to institutions and enterprises respectively. This system is conducive to the division of responsibilities, but it also has some disadvantages. During the implementation of the employment contract, the macro-policy coordination and work cooperation of relevant departments, as well as the grasp of the differences and convergence of specific implementation policies are very important for promoting the overall reform of institutions and enterprises and maintaining social stability.
4. The specific system of employment contract reflects the nature and characteristics of public institutions. The employment contract is concluded in accordance with the provisions of the state, and both parties must abide by the relevant provisions of the state when concluding, modifying and canceling the contract. The specific system of employment contract reflects the differences between institutions and enterprises in internal organizational structure and management system. For example, the "Regulations on Procedures for Hiring Personnel in Public Institutions" clearly stipulates that employees should go through procedures such as announcing vacant positions and responsibilities, employment conditions and wages, employment organization review or assessment, and collective discussion and approval by the heads of public institutions; Institutions unilaterally terminate the employment contract conditions, terminate the employment contract at any time, and may not terminate the employment contract; The conditions for employees to terminate employment contracts and other systems all reflect the characteristics of the employment system of public institutions, which is different from the specific system of labor contracts. To sum up, employment contract making is the basic form of employment system reform in public institutions, which marks the transformation of personnel management in public institutions in China from a complete administrative management model to a contract management model.
So generally speaking, the appointment system is a special contract system (the main difference is the subject), and the filing system is a system in which the employer needs to go to a specific organ for filing.
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