The Study Of The Employment Agreement For College Graduate

This article begins with the current job market conditions. The current study focuses on the problem of employment of university students, which inevitably involves the theme of this research, namely, employment agreements signed by graduates and employers. There is a variety of views on employment agreements. Some scholars think that the labor contract will replace the employment agreements. While others believe that the role of the employment agreement can not be covered by labor contract, They also believe the employment agreements will always survive. In my opinion, the employment agreement will be replaced by the labor contract at last. But it is not a right time to abolish the system of the employment agreement. The objective conditions are not available. I believe that we should analyze the problems of employment agreement at this stage, we can do response to these problems. Only in this way, we can make the employment agreement serve the job market for graduate better.The first part of this paper is to introduce the meaning and nature of the employment agreement and the difference from the labor contract. If we study one system, we firstly need to understand its meaning and nature. There are many theories about the nature of the employment agreement for college graduate at this stage. Some people classify it as a civil contract, some people see it as an administrative contract, and others take it as a labor contract. There are also many views including "the theory of first contractual obligation", "the theory of conditional obligation "and "the theory of pre-contract". Each argument has a certain degree of rationality, but they also have their own deficiencies. The author believes that is more reasonable to see nature of the employment agreements for college graduate as a special kind of labor contract. Although it has some of the features of the labor contract, but there are distinguished features. The employment agreement has many specificities, one of which is the time of signing the agreement. The employment agreement was signed before the labor contract. The main body of employment agreements are three parties that generally are graduate, employer and college. But the labor contract has only two parties. The content of employment agreements are also different from the labor contact. Some provisions are necessary in the labor contract, but there are not strict requirements on the content of employment agreements for many of the specific provisions. It's just simply stated by the intentions of employers and graduates. These differences will inevitably lead to different applicable law between employment agreement and labor contract. Generally, we should apply the Labor Law to solve the labor contract disputes, while there is no fixed applicable law to solve the employment agreement disputes. Civil Code, Contract Law, as well as provincial employment regulations and policies are more used in practice, and there are also application of the Labor Law in individual case.The second part is to introduce the breach of the employment agreement for college graduate. The provisions of the employment agreement are very vague as described above, which may lead to a variety of non-compliance of the employment agreement. This situation will certainly not be conducive to orderly development of the university student employment market. Therefore, we have classified the type of breaches of employment agreement, which is the base we offer the measures on. And the analysis of the causes of the breaches can prevent or reduce the accidences of the breaches. The party in breach must bear the cost. Similarly, the violation to employment agreements will also have some consequences. The consequences of non-observant generally refer to the punitive results. Considering some special occasion, the party in breach should not certainly take the responsibility for the breach.Reasonable requirements of the system will make the system be used better. Therefore, we also have some exemption provisions of the breach. Thereby, we can make better use of the principle of fairness in the case of the employment agreement. The third part is to list many practical problems of the employment agreements for college graduate. If these practical problems are not resolved, they will prevent the functions of the employment agreement in a certain extent. This article enumerates the issue of the employment agreement at this stage. Firstly, the content of employment agreements vary widely among the provinces, and there is no uniform version. The employment agreement has three parties that are graduates, employers and universities in some areas. Other areas only have two parties that are graduates and employers. This is not conducive to unify management and identify legal responsibilities. Secondly, non-standard procedure of the employment agreements at this stage will lead to the confusion of the management. Because of the procedure problem, it gives rise to some troubles in pratice. That becomes difficult to make legal identification. Similarly, that the relevant departments laxly supervise the employment agreement is also a serious problem we face. It makes the behavior of rent-seeking possible, and it also can breed corruption. All these problems lead to the embarrassment we face. The related disputes on employment agreement can not be reasonably resolved. The fourth part is to give countermeasures to the current problems of employment agreement for college graduate. Firstly, for the problem of non-uniform version, a request of the uniform format should be provided by law .For there is no standard process, we also need to make legislation on the issue. As the subject of the employment agreement is not clear, I believe that colleges should not be included in the agreement. The responsibility of universities should be more inclined to supervision. The law should also identify employers and graduates to be clear in employment agreement. Meanwhile, some courts should put these disputes to trial, so that it can guide the judicial practice and make other courts learn from it. In short, we should improve legislations and related systems of the employment agreement. Whether in content or in the procedures, the employment agreement should have a legal basis. Meanwhile, we should also use some other methods to reduce the legal disputes of the employment agreement and to prevent the default which is related to employment agreements. Relative law and a good social atmosphere will enable the employment agreement to develop.This paper uses the writing techniques which contain comparative analysis method, logical analysis method and contrastive method. The paper give an effective presentation of the status of employment agreements and careful analysis of the problems of the employment agreement at this stage. While the author proposes a solution to these problems, hoping to give some inspiration on legislation and judicature. Because this article contains some ideas of my own, there may be some shortcomings. The experts don't hesitate to give criticism and correction. In short, the purpose of writing this article is to make employment agreement play the role better, and to safeguard the interests of all parties effectively. We do so much only to make the job market for graduate move in a correct direction.