关键词: 高等院校, 劳动合同, 服务期, 法律治理

Abstract: According to relevant provisions of the Labor Contract Law, the service period system of labor contracts refers to a system to ensure limiting the workers’right to employment and realizing the return of material investment after the employer has made material investment in specific workers. Colleges and universities and teachers often realize similar system demands through employment contracts, and widely agree on service period, so as to realize that the teaching and administrative personnel who have obtained the corresponding professional title or training can continue to serve in the colleges and universities. By combing the judgment attitude of typical cases in service period in colleges and universities, it can be seen that service period in employment contracts lacking material basis (including money and other investment) is basically not protected by law. Therefore, we can consider optimizing the path of legal governance: improving the scientific research understanding of the legal concept of service period, combing the scientific concept of contract, increasing talent investment and consolidating the material foundation of service period, so as to realize the transformation from “outflow of talents” to “retention of talents”; guiding talents in colleges and universities to establish the consciousness of sincerity and rule of law, improving the scientific understanding of the intangible property invested by colleges and universities, and constructing the self-restraint and self-encouragement mechanism of talents in colleges and universities; at the legislative level, expanding the scope of application of service period in colleges and universities and other special industries; standardizing the application of service period in the employment contracts of colleges and universities, balancing the rights and obligations of both employers and employees, building an equal negotiation mechanism, enhancing the rationality of service period, unifying the calculation standard of contract breach damages, limiting abnormally high punitive damages, and realizing the standardization of articles on service period in employment contracts in colleges and universities.

Key words: Colleges and universities, Labor contract, Service period, Legal governance