Compliance in Schools with Dual Employment Systems

Compliance in Schools with Dual Employment Systems

1. Introduction

As the cornerstone of national education and an important provider of public services, public schools’ labor and personnel management levels not only affect the vital interests of faculty and staff and the quality of education and teaching, but are also related to social fairness, harmony and stability. However, the current "dual-track" employment structure that commonly exists in public schools with both internal and external staff makes some faculty and staff subject to administrative regulations such as the "Personnel Management Regulations for Public Institutions" and other staff follow the Labor Contract Law.

This significant difference in legal application, rights and obligations, and management models has given rise to many conflicts in terms of "equal pay for equal work", social insurance, career development, and dispute resolution, and has brought about complex compliance challenges and potential risks. This difference not only affects the motivation and sense of belonging of faculty and staff, but also poses potential constraints to school management efficiency and even the overall quality of education.

This article aims to deeply analyze the compliance requirements, core risks and underlying causes of public schools in key aspects such as recruitment, contracts, salaries, social security, assessments, disputes and other key aspects of public schools under the current legal framework. On this basis, it explores ways to build a systematic and refined compliance management system and promote the development of the system in a more fair, unified and standardized direction.

2. The historical background and core issues of labor compliance in public schools

(1) Labor compliance is an inevitable requirement for public school governance

With the deepening of the legalization process in our country and the improvement of relevant labor and personnel laws and regulations, higher standards have been put forward for the labor compliance management of all employers.

Labor compliance means that the employer's employment practices and management systems are in full compliance with national laws, regulations and policies. For public schools, its importance is self-evident: it is the cornerstone to protect the legitimate rights and interests of faculty and staff, the yardstick for regulating school employment practices, the key to preventing and resolving labor and personnel disputes, and an intrinsic requirement for improving school governance capabilities and safeguarding social stability and public interests.

However, the core of the special complexity of labor and personnel management in public schools lies in the long-term "dual-track" employment structure. This structure makes schools often need to switch and game between the logic of administrative personnel management and the logic of market-oriented labor relations in the application of laws and policy implementation. The resulting problems of legal application, imbalance of rights and obligations, etc. constitute the core topics of current research.

(2) Main manifestations and differences of the "dual-track system" employment

The "dual-track system" of employment in public schools is intuitively reflected in the different treatment of personnel within and outside the establishment in terms of multiple core rights and interests.

Prepare a comparison table of the main differences between internal and external personnel

This difference is not only on paper, but also profoundly affects the professional identity, work enthusiasm and life security of non-staff personnel.

(3) Legal origins of the “dual-track system”

The legal environment of labor and personnel management in public schools presents significant dual-track characteristics.

Personnel management within the establishment: The core basis is the "Personnel Management Regulations of Public Institutions", supplemented by the "Teacher Law of the People's Republic of China", etc., which establishes systems such as job setting, open recruitment, employment contracts, assessment rewards and punishments, wages and benefits, social insurance, and personnel dispute resolution, with strong planned allocation and identity management.

Management of personnel outside the establishment: The core basis is the Labor Contract Law of the People's Republic of China. According to this law and other legal provisions, if a public institution concludes, performs, changes, terminates or terminates a labor contract with its staff who are not included in the establishment management, it shall be implemented in accordance with the relevant provisions of the Labor Contract Law. The rights and obligations of both parties are mainly adjusted by this law.

At the same time, the "Social Insurance Law of the People's Republic of China" requires all employers and their employees to participate in insurance in accordance with the law, and the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" regulates the procedures for handling relevant disputes.

The parallelism of these two systems requires schools to apply different rules when facing faculty and staff with different identities. For example, there are differences in recruitment procedures, contract termination conditions and compensation standards. The greatest tension of this dual-track structure is reflected in the implementation of the principle of “equal pay for equal work”. Although the law clearly stipulates, in practice, there is often a significant gap between the salary, benefits, career development, etc. of personnel outside the establishment and those within the establishment. This may not only cause legal risks, but also affect the stability and overall morale of the team. Therefore, accurately understanding and applying these two sets of legal norms and properly handling the intersection and tension between them are the primary tasks for public schools to implement labor compliance management.

3. Labor compliance management of personnel within the establishment

As the traditional core human resources of public schools, the management of personnel within the establishment is deeply influenced by the personnel management system of national institutions, which emphasizes norms, stability and procedures.

(1) Open recruitment and employment

The entry of personnel within the establishment is based on the "Personnel Management Regulations for Public Institutions" and the "Interim Provisions for Public Recruitment of Personnel by Public Institutions" as criteria, and strict "open recruitment" thresholds are set. The core lies in the "three disclosures" (information, process, and results) to ensure equal opportunities. This includes plan approval, information release, objective and fair qualification review, standardized and effective examinations and assessments, comprehensive and detailed physical examinations and inspections, as well as transparent and supervised announcement and hiring processes. Any procedural flaws may render the recruitment results invalid.

In terms of employment contract management, the "Personnel Management Regulations for Public Institutions" establishes a full-employment contract system. The school should enter into a written employment contract with the personnel within the establishment, follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith, clarify the rights and obligations of both parties, and pay attention to the compliance of the contract period and probation period.

(2) Salary, social security and career development

The salary and benefits of staff within the establishment are policy-rigid, and the salary structure and standards must strictly comply with the unified national regulations. The "Teachers Law" also emphasizes the protection and improvement of teachers' salary levels. Performance salary distribution methods should be adopted through democratic procedures. In terms of social insurance, the school must pay all social insurance premiums in full and in accordance with the law for all employees within the establishment, and establish and standardize the operation of occupational annuities in accordance with regulations.

In aspects such as assessment, training, professional title promotion and disciplinary sanctions, procedural fairness is a core requirement. The assessment should be objective and the results should be used rationally; training rights should be protected; professional title promotions must adhere to fair competition and openness and transparency; disciplinary sanctions must have clear facts, conclusive evidence, accurate characterization, and legal procedures.

If a personnel dispute occurs, employees within the establishment will mainly appeal through internal mediation within the unit, appeal to the superior authority, or apply for arbitration to the Personnel Dispute Arbitration Committee. If they are dissatisfied with the arbitration award, they can file a lawsuit in court.

4. Labor compliance management of non-establishment personnel: protection of rights in market-based employment

As an important supplement to the human resources of public schools, the management of non-establishment personnel is mainly adjusted by the Labor Contract Law and becomes more market-oriented.

(1) Full coverage and core terms of the labor contract

The school and all non-establishment personnel (except for part-time employees under certain circumstances) should sign written labor contracts in a timely manner, otherwise they will face the risk of being paid double wages. In addition to the legally required content of the contract terms, special attention should be paid to the contract period (especially the statutory situation without a fixed-term contract), the legal agreement on the probation period (duration, frequency, salary standards), the clarification of the work content and location, and the change procedures.

Particularly important is the principle of “equal pay for equal work” in labor remuneration. the Labor Contract Law clearly stipulates this principle. Schools should strive to narrow the gap in basic salary, performance appraisal, and welfare benefits between staff inside and outside the establishment and avoid discrimination. Wages must be paid in full every month and must not be lower than the local minimum wage. Overtime wages must also be paid in accordance with the law. Social insurance also requires full and full payment, and legal obligations cannot be avoided for any reason.

(2) Special employment forms and contract termination

For rehired retirees, a labor relationship usually forms and a labor agreement needs to be signed. The use of interns should avoid the risk of "named internship, but actually employment". Part-time employees need to pay attention to working hour limits and wage payment cycles.

In terms of rescission and termination of labor contracts, schools must strictly follow the legal circumstances, conditions and procedures stipulated in the Labor Contract Law, paying special attention to the special protection of "three-phase" female employees and employees who are sick or injured at work. Illegal termination will result in the risk of paying compensation. When the contract is terminated or terminated under legal circumstances, financial compensation shall be paid in accordance with the law.

5. Compliance specificities of non-teaching positions and labor dispatch employment

There are also a large number of non-teaching staff in public schools such as administrative management, teaching assistants, and work-related skills, as well as some labor dispatch employees. Their compliance management also has its own particularities.

(1) Classified management of non-teaching staff

The management of non-teaching personnel within the establishment shall refer to the compliance requirements for personnel within the establishment mentioned above. the Labor Contract Law is applicable to those who are preparing for non-teaching positions. Schools need to pay special attention to their labor remuneration (such as minimum wage, overtime pay), social insurance, working hours and vacations, labor protection and other issues to avoid risks caused by management negligence.

(2) Labor dispatch compliance

The use of labor dispatch in public schools must strictly comply with the requirements for "three-nature" (temporary, auxiliary, and alternative) positions, and the number of dispatched workers must not exceed 10% of the total employment. The use of auxiliary positions must be determined and publicized through democratic procedures.

More importantly, dispatched workers enjoy the right to “equal pay for equal work” as workers in the employing unit. As an employer, the school has the responsibility to urge the dispatching unit to implement it and clarify the relevant fee standards in the labor dispatch agreement. At the same time, schools have many legal obligations to dispatched workers such as informing them of work requirements, paying overtime pay, providing training, and ensuring working conditions, and may bear joint and several liability for compensation if dispatched workers are harmed.

6. Labor and personnel dispute resolution

The resolution of labor and personnel disputes in public schools takes different paths depending on the status of the personnel.

Personnel disputes among employees within the establishment are mainly resolved through negotiation, internal unit appeals, personnel dispute arbitration and court litigation.

Labor disputes involving non-employed personnel follow the path of negotiation, mediation, labor dispute arbitration and court litigation. When a dispute arises between labor dispatch personnel, the dispatching unit and the employer (school) can be regarded as co-parties.

Regardless of the dispute, evidence is crucial. Schools should abide by the basic principle of "whoever claims, who provides evidence" and pay attention to the situation where the burden of proof is reversed in some cases. For this reason, it is crucial to improve the management of human resources files and properly keep various documents and materials.

7. Main risks and underlying causes of labor compliance in public schools

After sorting out the above links, the main risk points of labor compliance in public schools are concentrated in:

1. Recruitment: Violations of procedures within the establishment, failure to sign contracts outside the establishment, or hiring of unqualified personnel.

2. Contract management: The terms are illegal and incomplete, and the contract is illegally changed, terminated or terminated.

3. Salary and benefits: "unequal pay for equal work" inside and outside the establishment, minimum wage is not implemented, and wages or overtime pay are in arrears.

4. Social insurance: not insured, missing insurance or not paid in full.

5. Assessment and punishment: unfair standards, improper procedures, and even illegal means such as "elimination at the bottom".

6. Labor dispatch: used beyond the scope and proportion, and dispatched workers are not paid the same amount for equal work.

7. Democratic procedures: Rules and regulations involving the vital interests of employees are not formulated through democratic procedures.

The underlying reasons for the occurrence of these risks are complex and diverse:

1. Institutional contradictions: The fundamental reason is the difference in the "dual-track" employment system itself, which stems from the contradiction between total establishment control and the actual needs of educational development.

2. Insufficient legal awareness and capabilities: Some managers are accustomed to administrative thinking and lack legal awareness and professional capabilities, which may lead to neglect of the rights and interests of people outside the establishment.

3. Defects in internal rules and regulations: The system is lagging behind or missing, or it conflicts with the law, or the procedures are not compliant, such as the lack of a unified contract template and the non-standard salary and benefit system.

4. Financial investment restrictions and cost considerations: Especially when it comes to ensuring the benefits of non-staff personnel, schools often face financial pressure, which leads to a tendency to control labor costs through non-staff employment.

5. Supervision and accountability mechanisms need to be improved: External supervision of public school employment compliance is sometimes insufficient, and internal audit and supervision mechanisms are incomplete or formalized.

6. Management convenience and inertia: Some schools believe that the management of non-staff employment is flexible, and the long-term irregular employment habits are difficult to change.

8. Construction and optimization of labor compliance management system in public schools

Faced with the above difficulties and risks, public schools must proactively build and optimize labor compliance management systems:

1. Cultivate a campus legal culture and establish compliance awareness among all employees: The leadership will take the lead in setting an example, strengthen regular legal training, and create an atmosphere of "acting in accordance with the law and seeking the law when encountering problems." Compile a "Manual on the Protection of Rights and Interests of Faculty and Staff" to improve the legal literacy of all employees.

2. Improve internal rules and regulations to ensure legal compliance and democratic openness: Comprehensively review and revise existing systems, especially core systems such as the "Faculty Recruitment Management Measures", "Salary and Benefit Management System", "Labor Contract Management Standards", "Teacher Assessment and Evaluation Methods", to ensure legal content, democratic procedures, and public notification to faculty and staff.

3. Standardize the employment management process and strengthen process risk control: from recruitment (unified standards, strict qualification review), contract performance and changes (standardized text, prudent operation), salary and social security (equal pay for the same position, full payment), working hours and vacations, assessment rewards and punishments to resignation management, all links must be standardized. For example, information systems can be introduced to manage personnel files, contract expiration reminders, social security payment verification, salary calculations, etc., to improve the efficiency and accuracy of compliance management. Establish an employment compliance self-inspection checklist and conduct regular internal audits.

4. Strengthen the construction of labor and personnel dispute prevention and response mechanisms: smooth internal complaint channels, improve evidence management, seek professional legal support when necessary, and actively respond to disputes that have occurred. Consider setting up an employment risk prevention and control team composed of school leaders, personnel, and legal affairs (or legal advisors) to establish an early warning mechanism for labor disputes.

5. Promote progressive reform and fair exploration under the "dual-track system": within the scope of policy permission and financial affordability, strive to narrow the salary gap, smooth the career development channels for non-establishment personnel (such as providing training opportunities, preferential evaluation of professional titles), explore management models such as the "post system", and strictly regulate labor dispatch employment.

6. Pay attention to policy trends and actively seek support: Pay close attention to the latest national and local policies on teacher team construction and staffing management reform, actively report practical difficulties to the competent authorities, and strive for support for staffing increases or more flexible employment policies.

9. Conclusion and outlook

Legalization and standardization of labor and personnel management in public schools are inherent requirements for their healthy development and maintenance of educational fairness. At present, the compliance challenges brought about by the "dual-track" employment structure cannot be ignored. Behind it are not only profound institutional factors, but also problems at the school's own management and awareness levels.

To solve the dilemma, public schools must elevate labor compliance to a strategic level and systematically advance it from awareness, systems, processes to dispute resolution. In particular, we must emphasize the democratic and open nature of the formulation of rules and regulations, and actively explore ways to promote fairness within the existing framework.

Looking to the future, as the modernization of the national governance system deepens, the reform of school personnel systems will inevitably evolve in a more unified, standardized, and fair direction. Dilute identity barriers and achieve substantive equality in legal status, rights protection, and career development for all types of faculty and staff. This equality is not only reflected in the convergence of salary and benefits, but also in equal training opportunities, smooth promotion channels, and the right to participate in the democratic management of the school. In this process, only by proactively adapting to the requirements of the rule of law and continuously improving the level of compliance management can public schools build harmonious and stable labor and personnel relations and provide solid human resources and legal guarantees for the sustainable and healthy development of education. This is not only respect for the law, but also the practice of educational mission and humanistic care.