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开除是否合适开除与解除劳动合同不是一个性质的问题,“开除”是一种行政处分,“解除劳动合同”是用人单位对劳动关系的处理。在改革开放之前学校属于事业单位,参照国家机关的标准进行管理。这就让部分学校延续一些自以为是的做法——把自己当做一个行政机关觉得有权对员工进行处分。开除是过去行政机关对待干部和职工的一种行政管理手段,适用于上下级为隶属关系的一些单位,包括警告、记过和开除等处分。但是,如今学校与聘用老师之间属于劳动关系,在法律地位上是平等的,并不是过去的隶属关系。
It is not a matter of the nature to dismiss and terminate a contract of employment, but “expulsion” is an administrative sanction, and “termination of employment contract” is the handling of labor relations by the employer. Before the reform and opening up, schools belonged to public institutions and were controlled according to the standards of state organs. This has allowed some schools to continue self-righteous practices - treating themselves as an executive body that they feel entitled to punish employees. In the past, the expulsion was an administrative measure taken by the executive authorities towards cadres and workers and was applied to some units under the higher and lower levels of affiliation, including warnings, demerits and expulsions. However, today’s labor relations between schools and hiring teachers are equal in the legal status and not the past affiliation.