Study On The Role And Administration Authority Of The Universities In The Employment Agreement

The graduate employment agreement,as the contract specifying the rights and obligations of the graduates and the employers,plays an important role in protecting the employment rights of the graduates.But in recent years,the events such as the universities forcing the graduates to sign the employment agreement or limiting the graduates to terminate the agreement often happen owing to the universities having no clear understanding on their roles in the agreement,which violates the employment fights of the graduates.Therefore,the role definition,responsibility and rights problem for the universities in the employment agreement system needs to be valued urgently.Because the nature of the agreement will affect the role definition for the universities,therefore,it is needed to specify the nature of the agreement firstly.In accordance with the paper,the employment agreement belongs to regular civil contract,wherein,the parties are the employers and the graduates instead of the universities.So universities can neither decide the establishment,change,termination of the agreement,nor require the debtor to fulfill obligations and bear liability for breach of contract.But it doesn't mean that the universities play no role in the agreement.They are mainly responsible for the printing and distribution of agreements,participating in the process of agreement signing with the name of "authenticating and registering",mainly examine the reality and authentication of the agreement,register or unregister the agreement based on whether the examination result conforms to the related laws and regulations.In the meantime,universities enjoy the management rights out of agreement,including: decision power on procedure cases,employment guidance,the discretion of prohibited behavior and offer help to students who suffer the employment infringement.It always happens of the things inconsistent with the purpose of employment agreement system which are beyond the role orientation and authority limits of universities.The paper further analyze the problems of universities' role orientation andadministration authority by clause "Termination not" in the "X university employment agreement temporary management methods".Universities can manage graduates employment by the way of normal establishment,while they must comply with the relevant laws and regulations and within their own rights scope.Finally,aiming at the behaviors of the universities exceeding their rights to manage the graduate employment agreement in practices,the paper thinks that the root source lies in the imperfect systems and regulations,therefore,the related laws and regulations are needed to be further perfected,while the universities should also specify their positions in practices and serve the graduates better.