On Study About The Unilateral Discharge Of The Teachers' Labor Contract In Middle And Primary School

The unilateral discharge of a labor contract means a serious of action that after both parties into a labor contract, and before it is carried out or fulfilled, one party meets the contract while the other does not; the breaching party is entitled to terminate the contractual obligation without the agreement of the non-breaching party under the law. As the teacher's appointment of middle schools and primary schools carried on, the relationship between teachers and schools is changed into a labor relationship of equal parties. Teachers and schools can exercise the right to unilaterally terminate the labor contract. The unilateral discharge of a labor contract can help us to build a healthy, efficient and science school personnel system; to protect the teachers'freedom to choose careers; to break through the bottleneck of the traditional teacher personnel management system; to better reflect the social value of labor law legislation. Enable teachers to seek a fair solution to the legitimate labor contract dispute. Under the impact of the past personnel system, there are many problems in the practice of unilateral discharging teachers'labor contracts. Because of the unclear legal status of teachers in middle schools and primary schools, it is difficult to apply law when labor disputes appear. The employment status of the school principal is not fully protected. The schools haven't real autonomy in employment. The conditions of unilateral discharging teachers'labor contract remain few. Some of the rules are out of touch with the reality of education. Law gives too much freedom to teachers to unilateral discharge of labor contract. The procedural of unilateral discharge is of less scientific. The notice period does not match the characteristics of the teaching profession. It is easy to lead chaos in education and teaching. When teachers'rights are violated, there aren't any effective ways to remedy. At the same time, the strong labor contract supervision is of lack. In practice, there are often a larger controversy in the following circumstances. Firstly, the schools unilateral discharge the labor contract when the teachers lose the Teacher Qualifications, violate the laws and regulations and the male foreword good vulgar, undertake concurrent jobs. Secondly, the teachers unilateral discharge the labor contract when they are enrolled as postgraduates, enter the civil service system, transfer to another place, and the school is not timely paid in full. Under these specific situations, in the labor contract law, the education law, the teachers' qualification and other relevant laws and regulations there are not specific detailed rules about the rights and obligations the schools and teachers shall enjoy and assume. The law applies to cause difficulties. The schools must be the main body of the unilaterally termination. The teachers'probation should be one year. According to the teachers'teaching practice, the forecast period cannot simply for 30 days. The schools shall promptly transfer the teachers'personnel files. The schools should leave certificate issued for teachers. The school should pay the teachers for economic compensation. The teachers should pay the schools for breaking an agreement. At the same time, the schools and the teachers must pay for the students as the third party.