After the teacher's contract expires, he can propose not to renew it. Even within the contract period, teachers, as workers, can propose to terminate the contract. The employee does not need the consent of the employer to terminate the labor relationship. Therefore, it is illegal for the Education Bureau to discard or detain teachers' contracts after the expiration of teachers' service, and it can bring a lawsuit to the people's court according to law. A party may bring an educational administrative lawsuit to a people's court with jurisdiction within six months, and submit a complaint, a copy of the complaint, the identity certificate of the party and relevant evidential materials to the people's court according to law.
What is administrative litigation?
Administrative litigation refers to the activities that citizens, legal persons or other organizations think that the administrative actions of administrative organs infringe upon their legitimate rights and interests and bring a lawsuit to the people's court, which will accept, hear and make a judgment according to law. In short, administrative litigation is an activity that people's courts apply judicial procedures to solve administrative disputes.
legal ground
administrative procedure law of the people's republic of china
Article 12 The people's courts shall accept the following lawsuits filed by citizens, legal persons or other organizations:
(1) Refusing to accept administrative punishments such as administrative detention, temporary suspension or revocation of permits and licenses, order to stop production and business, confiscation of illegal income, confiscation of illegal property, fines and warnings;
(2) Administrative compulsory measures and administrative enforcement such as restricting personal freedom or sealing up, distraining and freezing property;
(three) the administrative organ refuses or fails to reply to the application for administrative license within the statutory time limit, or refuses to accept other administrative licensing decisions made by the administrative organ;
(4) Refusing to accept the decision of the administrative organ to confirm the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas;
(five) refuses to accept the decision of expropriation and requisition and compensation;
(six) the application for administrative organs to perform the statutory duties of protecting personal rights, property rights and other legitimate rights and interests, and the administrative organs refuse to perform or refuse to reply;
(seven) that the administrative organ has violated its right to independent management or the right to contracted management of rural land;
(eight) the administrative organ abuses administrative power to exclude or restrict competition;
(nine) that the administrative organs illegally raise funds, apportion expenses or illegally require the performance of other obligations;
(ten) that the administrative organ fails to pay pension, minimum living allowance or social insurance benefits according to law;
(eleven) that the administrative organ fails to perform in accordance with the law, fails to perform in accordance with the agreement or illegally changes or terminates the government franchise agreement, land and housing expropriation compensation agreement and other agreements;
(twelve) that administrative organs infringe upon the personal rights, property rights and other legitimate rights and interests of others.
In addition to the provisions of the preceding paragraph, the people's courts accept other administrative cases that can be brought to court according to laws and regulations.
People's Republic of China (PRC) (China) Labor Contract Law
Article 3 Basic Principles The conclusion of a labor contract shall follow the principles of legality, fairness, equality and voluntariness, consensus through consultation, honesty and credibility.
The labor contract concluded according to law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 36 The employer and the employee may terminate the labor contract through consultation.