摘要
在企业化运营的社会改革力推动下,高校后勤实体与其所属人员(主要是非编制人员)之间的法律关系主要是劳动关系和劳务关系,即出现高校后勤劳动用工契约化。但是,高校后勤各类人员当前法律适用不一致,新旧交替,改革推动表面化,并出现诸多法律问题。为解决此类问题,高校后勤应以法治化用工为核心,重构规章制度,优化运营体制,切实把保护劳动者的合法权益与维护自身的权利结合起来,达到经济效果与社会效应的统一,避免不必要的法律风险。
Promoted by the social reform of enterprise-oriented operation, the legal relationships between logistics entities and their employees (mainly contract ones) are mainly labor relations and service relations, namely, the labor and employment of logistics of colleges and universities begins to be based on contracts. The labor contracts between logistics and employees are so various and complicated that different legal rules are suitable for different personnel. In such cases, a series of problems come up, such as discrimination of different staff, generalization of service dispatch and baseline limitation of the labor standards. In order to solve these problems, colleges and universities should comply with the labor law, rebuild the relevant rules and regulations and effectively protect the legal rights and interests of workers.
出处
《科教文汇》
2014年第27期171-173,共3页
Journal of Science and Education
关键词
高校后勤
用工
劳动合同法
法律问题
logistics of colleges and universities
employment
la-bor contract law
legal issues