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对高校劳动用工纠纷可从法律上划分为劳动争议、人事争议、劳务纠纷及非诉性人事争议四类。实地调研和司法案例分析的结果表明:高校劳动人事争议具有劳动争议诉诸外部程序的比例较小、人事关系受外部环境影响较大等八大特点。高校要减少劳动人事争议的发生率,须采取必要的法律措施,实施法治化、人本化管理,充分发挥工会维权的作用。为了妥善解决已发生的劳动人事争议,高校可尝试成立校内的劳动人事争议仲裁委员会,建立具有权威的内部调处机制。
Disputes on labor and employment in colleges and universities can be divided into four categories: labor disputes, personnel disputes, labor disputes and non-litigation disputes. The results of field investigation and judicial case analysis show that there are eight major characteristics of the labor and personnel disputes in universities, such as the small proportion of labor disputes appealing to external procedures and the greater impact of personnel relations on the external environment. In order to reduce the incidence of labor disputes, colleges and universities must take the necessary legal measures to implement the rule of law and humanistic management and give full play to their role in safeguarding their rights. In order to properly solve the labor dispute that has taken place, colleges and universities may try to set up an arbitration committee for labor and personnel disputes within the school and set up an authoritative internal mediation mechanism.