In public institutions, non-establishment personnel refer to personnel who are not included in the establishment and management of public institutions, and such personnel must sign labor contracts with public institutions?
In general, they should usually sign an employment contract with the employer.
1. Legal basis.
According to the Labor Contract Law of the People's Republic of China, an employer shall establish an employment relationship with an employee from the date of employment and shall conclude a written labor contract. Therefore, if a non-establishment personnel of a public institution establishes an employment relationship with a public institution, the provisions of the Labor Contract Law are also applicable and they must sign a labor contract with the employer.
2. The form of the labor contract.
In practice, public institutions usually use written labor contracts to sign labor contracts with non-establishment personnel. An employment contract is an agreement between the employer and the employee, which can only take effect after both parties have reached an agreement and signed and sealed the employment contract. Therefore, if a public institution does not sign a written labor contract with non-establishment personnel, it will violate the provisions of the Labor Contract Law.
3. The content of the labor contract.
The labor contract signed by a public institution and a non-establishment personnel shall include the following contents:
1.Duration of the employment contract: The duration of the employment contract shall be specified, which is generally divided into three types: fixed-term, indefinite-term and fixed-term to complete certain work tasks. Non-staff personnel can choose what type of labor contract to sign according to their actual situation.
2.Work content and location: The employment contract should specify the work content and work location of non-establishment personnel, so as to facilitate the employer's management and evaluation of employees.
3.Working hours, rest and vacation: The labor contract shall specify the work and rest time, leave system and other contents of the non-establishment personnel in accordance with the laws and regulations of the state.
4.Labor remuneration and social insurance: The labor contract shall specify the salary, payment method, social insurance and other benefits of non-establishment personnel, so as to ensure that the rights and interests of employees are protected.
5.Conditions for rescission and termination of the contract: The employment contract shall specify the conditions and procedures for the rescission and termination of the contract by both parties, so as to facilitate the modification or rescission of the contract if necessary.
IV. Conclusions. To sum up, if it is a non-establishment personnel of a public institution that has established an employment relationship with a public institution, it is necessary to sign a labor contract to ensure that the rights and interests of both parties are protected. In the process of signing an employment contract, the employer shall abide by the provisions of national laws and regulations to protect the legitimate rights and interests of employees. At the same time, employees should also carefully read the terms of the contract to ensure that their rights and interests are protected. Only an employment contract signed on the basis of mutual agreement between the two parties is legal and valid. In addition, public institutions may also employ a small number of personnel to handle certain temporary administrative work, and may also sign labor contracts, in which case it does not constitute an employment relationship.