Research On The Guarantee Of The Right To Resign For Staff In Public Institutions

The "Personnel Management Regulations of Public Institutions" issued in2014 established that the staff of public institutions have the right to resign,indicating that the reform of the personnel system of public institutions in my country has taken a step forward.However,according to the current overall legislation and practice,it still seems that the guarantee is insufficient.It is necessary to conduct further in-depth research and exploration on the system of guaranteeing the right to resign for staff in public institutions,so as to facilitate the smooth progress of the reform of the personnel system in public institutions.Since 2018,the number of lawsuits caused by the resignation of public institution staff has increased significantly,and the appeal rate is high,but theoretical research only focuses on the relationship between institutions of higher learning and their teachers.In fact,in addition to colleges and universities,there are other institutions in judicial practice,and personnel disputes will also arise due to the exercise of the right to resign by the staff of the institution.Focusing only on the legal identity of teachers,but not on the overall positioning of the legal identities of staff in public institutions,including teachers,is not only easy to fall into the misunderstanding of generalization,but also cannot meet the needs of judicial practice.The adjudication body has great differences in determining the conditions for termination of the employment relationship,service period,liability for breach of contract,and resignation procedures.In some cases,the labor and personnel dispute arbitration committee "rejected",making the parties unable to seek help.The existence of the above problems is not conducive to the protection of the legitimate rights and interests of the staff of public institutions,and also constitutes an obstacle to the further promotion of the reform of the personnel system of public institutions.There are three main reasons for the lack of protection of the right to resign for staff in public institutions.First,both legislation and theory are uncertain about the legal status of staff in public institutions,which makes it impossible to determine whether enjoy the right to resign in labor law.Second,the relevant laws and regulations are inconsistent and lacking,leading to differences in the views of the adjudication body.Third,arbitration and litigation are not fully connected.The protection of the right to resign for staff in public institutions is reasonable and feasible.To ensure that the personnel reform of public institutions is advanced on the track of the rule of law,the relevant legal system needs to be further improved.The following aspects can be considered: First,according to the different characteristics of the first-class public welfare institutions and the second-class public welfare institutions,the legal status of the staff of the first-class public welfare institutions should be identified as "public officials" who do not have the status of civil servants,the legal status of the staff of public welfare second-class public institutions is identified as "special laborers".Second,abolish the "Opinions on the Trial Implementation of the Employment System in Public Institutions" and its local simultaneous legislation,and start to improve the laws applicable to the handling of resignation disputes in four aspects: conditions for termination of employment relationship,service period,liability for breach of contract,and resignation procedures system.It is not only necessary to ensure that the staff of public institutions are not subject to strict resignation restrictions,but also to ensure that public institutions can maintain basic work order.Third,improve the relief system for the right to resign for staff in public institutions in two aspects:strengthening the connection between arbitration and litigation,and considering the implementation of a final judgment in some cases.