Study On The Employment Agreement Of College Graduates

The employment agreement of college graduates is a written agreement signed by graduates,employment companies and the college,which will explicit the rights and obligations among them three in the employment of graduates,it's a unique product between national distribution dispatch and market search.Since 1997,the employment agreement of college graduates has played an important role in the employment of graduates.The employment agreement's assistance and application is necessary,and facing its problems,we need to make it better by strengthening legislation,enriching its content,strengthening the administrative function of Education Department and so on,to make the employment agreement play the biggest role.Based on a large number of judicial cases,this dissertation analyzes the legal nature and the shortcomings of the employment agreement deeply,and prospects for the development of the agreement,this dissertation also proposes the solutions and the specific improvement measures on the employment agreement's shortcomings and problems.This dissertation is divided into four parts;The first part is summary of the employment agreement.It elaborates the employment agreements' meaning,diachronic evolution,content,feature and function comprehensively.The employment agreement is a product during the transition from planned economy system to market economy system in China's employment system,its content is simple,it has its own features,and it plays an important role in the process of employment.The second part is legal nature of the employment agreement.By analyzing and comparing several main theories on the employment agreement's legal nature,the dissertation defines the employment agreement as a special civil contract.The graduates and the employers are the main parties of the agreement,and the college has the function to audit and super the agreement.The third part is the problems of the employment agreement.The dissertation elaborates the employment agreement's subject,content,legal nature,legal application and the problems,shortcomings during its signing procedure,these problems and shortcomings often arise various legal disputes between the two parties.The fourth part is the development direction of the employment agreement.The dissertation discusses on the existence and abolition of employment agreement,under the current employment system in our country,the employment agreement still plays an irreplaceable role,it can't be abolished too early,and it can't be together with the labor contract,it should be improved.We should establish the idea of improving the employment agreement by improving legislation,enriching content,strengthening management,solving disputes and so on,at the same time,we should put forward specific measures to improve the employment agreement.