Are teachers protected by the Labor Code?

The school is a public institution, and if the teacher signs a labor contract with the school, it is subject to the adjustment and protection of the Labor Contract Law, and if the employment contract is signed, it is subject to the adjustment and protection of other laws and regulations, for example, it may be applied with reference to the Civil Servants Law, and if there are no provisions in other laws and regulations, it is subject to the Labor Contract Law.

Upstairs, simple and in place. I thought that the old gentleman had spoken in great detail, especially after explaining what "preparation" was and its implementation in practice, and I am now posting it for reference. Meaning of compilation:

"Establishment" is the staffing of China's party and government organs and institutions, and it is the same throughout China. I'm from Hebei, and so are you in Shandong.

Establishment refers to the establishment of the above-mentioned organizational structure and the quota of the number of personnel and the distribution of duties, the amount of the establishment of the financial appropriation shall be determined by the establishment management departments of the institutions at all levels, and the personnel departments of the organizations at all levels shall allocate personnel according to the establishment, and the financial departments shall allocate funds accordingly. The establishment is usually divided into administrative establishment and career establishment, and according to the provisions of the Civil Servants Law, civil servants are all administrative establishments.

The staff of ordinary public institutions are roughly divided into establishment personnel and non-establishment personnel (non-establishment personnel are personnel hired by the unit itself, just like the employment of enterprises, and the unit itself stipulates their remuneration and pays their salaries, which has nothing to do with local finance). Therefore, non-establishment staff are not necessarily treated worse than establishment staff.

Education, medical and health care, public construction (such as municipal departments), state-run scientific research, and other units of non-state party and government organs are all establishments. Public institutions are divided into full financial allocation, shortfall appropriation, and self-raising and self-supporting, all of which belong to public institutions.

The first organs above the county level have editorial boards (the directors of the district and county editorial committees are the district heads and county heads, and the cities and provinces are the same, all of which are served by the highest administrative heads, which shows the importance of the establishment), and the subordinate offices are responsible for the departmental setting and the use of personnel quotas of the party and government organs and institutions at the same level, and the overall staffing is issued by the higher level.

Tell us about the education system according to your situation.

For example, according to the approval of the superiors, the secondary education system of a city has 12,000 students. Among them, there are 10,000 teachers and 2,000 workers. (This cadre establishment and worker establishment refer to school leaders and teachers; The worker establishment refers to the number of staff in schools who are not teachers.

For example, the number of leading posts in a certain middle school in this city is at the department level, and the number of leading posts is set at the department level -- that is, the secretary and the principal, and three at the deputy department level, so the number of leaders cannot be exceeded in general, unless the number of leading posts is exceeded by the higher authorities specifically for the placement of cadres. Section-level cadres are appointed and managed by the school, but there is a limit on the total number of section-level cadres).

According to the city's 12,000 staff, the 12,000 staff will be distributed to each school (not much more on the basis of what), each has a number of staff, and the finance allocates educational funds to each school according to this establishment. Therefore, each school has its own staffing limit.

All personnel who break through the post-establishment arrangement, that is, those who are overstaffed, are "illegal," and the higher-level finance department generally does not allocate funds. The establishment of workers and cadres is often mixed, but it is permissible as long as it does not exceed the total number of establishments.

Public schools are public institutions, and their teachers belong to the employment system, which is not suitable for the adjustment of labor law;

In the case of private schools, teachers are generally subject to labor contracts and are regulated by the labor law.

It depends. If it is a national school, you can discuss it with the school, but if it is a private school, it is completely protected by labor laws.

Yes, teaching is also a profession.

You can sue him in a private school, what can you do with him in a public school, legislate by yourself, enforce the law by yourself, supervise yourself, do you think this matter can be handled easily?

The so-called law is really just a tool for the ruling class to rule over others, so don't take it seriously.

The Labor Law is nationwide and of course applies to all citizens of the People's Republic of China, with reference to local regulations.

This statement is incorrect, and some teachers also apply labor laws.

The reasons are as follows: 1. Although teachers belong to the population established by public institutions, at the same time, some teachers belong to employees who are also employed on a contract basis, but they are stupid in terms of benefits and benefits in the same way as employees of public institutions, so some teachers are applicable to the Labor Contract Law.

2. Legally, the Labor Contract Law of the People's Republic of China

Provisions: State organs, public institutions, and social organizations.

and establish labor relations with them.

The conclusion, performance, modification, dissolution or termination of labor contracts shall be executed in accordance with this Law.

3. The significance of the application of the labor law to some teachers: At the beginning of the formulation of the labor contract law, the state aimed to solve the problem of personnel management and labor relations in public institutions. The essence of the relationship between the public institution and the staff is the labor relationship, which is governed by the Labor Contract Law, and the labor relationship between the two parties can be institutionalized, and finally a standardized management is formed.

Legal analysis: Although teachers belong to the group of people established by public institutions, at the same time, some teachers belong to employees who are also employed under the contract system, but they are only the same as the employees of public institutions in terms of Fuzheng and profit-making treatment, so some teachers are subject to the labor contract law.

Legal basis: Labor Contract Law of the People's Republic of China Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with employees, and conclude, perform, modify, dissolve or terminate labor contracts. The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

Legal analysis: Although teachers belong to the group of people established by public institutions, at the same time, some teachers belong to employees who are also employed on a contract basis, but their benefits are the same as those of employees in public institutions, so some teachers are subject to the Labor Contract Law.

Legal basis: Labor Contract Law of the People's Republic of China Article 2 This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "Rubber Front Units") that establish labor relations with employees and conclude, perform, modify, dissolve or terminate labor contracts. The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law. Disguise.

Legal Analysis: Generally, teachers are subject to the Labor Contract Law.

Legal basis: Article 2 of the Labor Contract Law of the People's Republic of China This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "the single lease split") to establish labor relations with employees and to conclude, perform, modify, dissolve or terminate labor contracts. The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers who have established labor relations with them shall be executed in accordance with this Law.

Legal Analysis: Teachers who have signed labor contracts with schools are protected and adjusted by the labor law, but teachers with the establishment of public institutions are subject to the adjustment and management of the public institution system.

Legal basis: "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China".

Article 2 The Labor Law shall apply to enterprises and individual economic organizations within the territory of China where a labor relationship is formed between them, that is, the workers have in fact become members of the enterprises or individual economic organizations and are provided with paid labor.

Article 3 The service personnel of state organs, public institutions, and social organizations that implement the labor contract system, as well as those who shall implement the labor contract system in accordance with the regulations; Personnel of public institutions and organizations that implement enterprise management; The Labor Law shall apply to other workers who have established labor relations with state organs, public institutions, and social organizations through labor contracts.