The agreement on service period has become an approach to contractually managing the aca-demic's flow by public universities. However, the service period agreement between universities and teachers has frequently caused legal disputes. The findings showed that the service period agreement is characterized with diverse forms but lack of standardization, complex agreed causes, disordered term, strict resignation and heavy liability for breach. Three controversial focuses were demonstrated, i. e. , the application of law and the challenge of legality, the dispute over teachers' right to resign and the delineation of liability for breach. This study argues that aiming to effectively regulate the service period, the construction of substantive rules should take into account the balance of civil law and labor law, and take care of the particularity of employment con-tracts, so as to protect the"freedom to leave" of teachers and safeguard the legitimate rights and interests of u-niversities.
关键词
公立高校教师/服务期/人事争议/辞职权/违约责任
Key words
teachers in public universities/service period/personnel dispute/resignation right/liability for breach
维普
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