On The Nature And Future Direction Of The College Graduates’ Employment Agreement

Since the college graduates’ employment agreement appears, it has played an active role to standardizethe students’ employment market and become an important part of the system of employment of collegegraduates in China. However, the legislative defects caused by the legal nature of the employmentagreement is not clear, the rights and obligations of the parties is unclear, which led to the growing numberof employment agreement disputes are not be solved reasonably and effectively. The necessity of theproblems exposed by the employment agreement in practice has been questioned, the author believes thatthe functions of employment agreement can not be replaced by any instrument, it exists to meet thedevelopment needs of China, but the existing problems can not be ignored, and need to be reformed.In addition to the introduction and conclusion, this thesis is divided into the following four parts:Part I: The general problem of college graduates’ employment agreement. This section describes theconcept of college graduates’ employment agreement, it summarized the present stage of theimplementation of the employment agreement that contains the main terms and conditions, to affirm theimportant role played by the employment agreement in the employment of college graduates. Through theanalysis of the course of China reformation of the college graduates’ employment system, be sure that theemployment agreement is a special product of the process of China’s transition from a planned economy toa market economy, come out that employment agreements with certain specific conclusions, for thefollowing legal nature of employment agreement.Part II: Analysis of the nature of the college graduates’ employment agreement. The part based on thespecial historical background of the employment agreement, obtained the conclusion that abroad does notexist employment agreement. Then the thesis analyzed the "Employment default" of Taiwan Area which isvery similar to the employment agreement system of China’s Mainland Area, and combined with thespecial nature of the employment agreement, detailed on the five doctrines of academic circles about thelaws of the employment agreement of qualitative comparative analysis, pointed out the inadequacies ofthese ideas, the employment agreement is the point of view of a special labor contract. And from the mainparties of the employment agreement, signed purpose, an effective time period, four aspects of the entry into force of the argument.Part III: Existing problems of the college graduates’ employment agreement. This section looks at thepresent stage employment situation of university graduates in China, pointed out the specific issues of theemployment agreement in practice. Colleges and universities as an employment agreement, a party to themain situation embarrassing, decentralization of the education department in charge of the different versionof the employment agreement around, regional differences plagued the parties to the inter-provincialexchanges. The lack of legislation lead to the signing of the employment agreement were irregular,supervision and management in place, violations, defaults are more and more, when the employmentagreement dispute is occurred, it is difficult to identify who will bear the liability, the lack of judicialremedy to the legitimate rights and interests of the parties can not be defended effectively.Part IV: The future direction and reform proposals of the college graduates’ employment agreement.The existence of the employment agreement meets the requirements of this stage of social development,free to be repealed and will certainly lead to a new problem, and ordinary labor contract can not becompletely replaced by the employment agreement to serve their. This section analyze from the legislativepoint of departure, we recommend that colleges and universities removed from the main body of theemployment agreement, the legal nature of the explicit employment agreement, specific employment termsof the agreement, a statutory body, speed up the improvement of the program of legislation and supportingregulatory measures, through the rational reform, make the employment agreement serve the job market ofChina’s college graduates better.