1. The difference between employment agreement and labor contract

(1) Different subjects

Employment agreement applies to three parties: fresh graduates, employer and school. , the school is the attesting party or contracting party of the employment agreement. The employment agreement does not stipulate the nature of the employer and is applicable to any unit; while the labor contract only applies to workers (including fresh graduates) and the employer (excluding civil servants and comparison units). between organizations and social groups that implement the civil service system and the military system) and has nothing to do with the school.

(2) Different contents

The content of the graduate employment agreement is mainly that the graduates truthfully introduce their situation and express their willingness to find employment in the employer, and the employer expresses its willingness to accept the graduates. The school agrees to recommend graduates and include them in the employment plan, but it does not involve the rights and obligations that graduates should enjoy after reporting to the employer. The content of the labor contract involves labor remuneration, labor protection, work content, labor discipline and other aspects. It is more specific and labor rights and obligations are clearer.

(3) The time is different

Generally speaking, the employment agreement is signed first. The employment agreement should be signed before the graduates are employed, while the labor contract is often signed after the graduates report to the employer. Just signed.

(4) Different Purposes

The employment agreement is a preliminary agreement between the graduates and the employer regarding future employment intentions. It is the basic conditions of both parties and part of the basic provisions of the labor contract to be signed. The content is generally approved by the employer's superior department and the university's employment department. Once signed and sealed by the graduates, the employer, the university and the employer's department, it has certain legal effect and is the basis for the preparation of graduate employment plans and The basis for entering into labor contracts in the future.

(5) Different Applicable Laws

If a dispute arises over an employment agreement, in addition to the content of the agreement itself, it will mainly be based on the existing graduate employment policies and the general provisions of the law on contracts. To solve this problem, there is no specific part of the law to adjust graduate employment agreements. Disputes arising from labor contracts should be handled in accordance with the Labor Law.

2. Procedure for signing an employment agreement

1. The graduates and the employer reach an agreement and sign and seal the employment agreement. The employer should indicate on the agreement that they can Name and address to receive graduate files.

2. If the employer requires the approval of the competent department when recruiting employees, it should report to the superior competent department for approval. (For example, the local personnel bureau, if you go to Shanghai, Beijing, Shenzhen, or Guangzhou, there are other requirements)

3. Graduates will send the signed agreement directly to the graduate employment guidance office of the college.

4. The school will promptly feedback the review status of the agreement to the employer and graduates.

5. For graduates who are taking postgraduate entrance examinations or enrolling in undergraduate programs, they must explain the situation when signing an agreement with the employer. If the employer agrees to sign the contract after being informed, the graduates will not bear any responsibility after enrolling as a graduate student or advancing to an undergraduate degree. Liability for breach of contract. Graduates who have not signed a contract and are taking postgraduate entrance examinations or associate degree programs must submit their employment agreements to the Employment Department.

6. Graduates who have signed an employment agreement before May 20, 2005, must submit the agreement to the employment office in a timely manner to ensure that they can obtain an employment dispatch certificate in time upon graduation.

3. After the employment unit has been confirmed, how to dispatch?

(1) Graduates and employers sign a "Graduate Employment Agreement", go to the local human resources department for review and filing, and stamp the review and filing form or employment agreement: in this case, graduates All connections will be sent directly to graduates' workplaces.

(2) Graduates and employers sign a "Graduate Employment Agreement". The local human resources department cannot review and file: I can work in the unit, but the household registration and files can be returned to the place of origin, or they can be listed on the talent list. Service Center.

(3) Graduates and employers have signed a "Graduate Employment Agreement", but it has not been reviewed and filed with the local government's graduate employment department for the time being: you can provide proof of employment first, as the college understands the employment of graduates Destinations and statistical employment rates. Dispatch will be done after the review and filing procedures are completed.

4. What should I do if I am temporarily unable to sign a contract due to various reasons?

(1) If you are temporarily unable to sign a contract due to various reasons, you must provide proof of employment, which is used by the college to understand the employment destination of graduates and calculate the employment rate. The household registration and files are temporarily retained in the college.

(2) Graduates must submit their employment certificate and "application to keep their household registration and files in the college" by the department before May 20, 2005, and submit them to the graduate employment guidance office of the college , in this way, the household registration and files can be kept in the college for two years.

5. Issues that should be paid attention to when signing an agreement

1. Ascertain the subject qualifications of the employer

The parties signing the employment agreement must have legal subject qualifications , Generally speaking, the employer must have the ability to engage in various business or management activities, and the unit should have recruitment indicators and recruitment autonomy.

2. Sign the agreement according to the prescribed procedures

Graduates should submit the employment agreement issued by the school to the employment guidance office of the school after signing the contract with the employer.

3. The content of relevant clauses must be clear

When signing contracts between graduates and employers, try to use model clauses.

If changes or additions are necessary, the content must be clear.

4. Pay attention to the connection with the labor contract

Since the graduate employment agreement is signed first, in order to avoid disputes when concluding a labor contract in the future, the main points of the labor contract should be as far as possible. The content is reflected in the agreed terms of the employment agreement, and it is clearly stated that it should be confirmed when entering into a labor contract in the future.

5. Agree in advance on the conditions for the termination of the contract

Once a graduate employment agreement is concluded, it is binding on the parties and cannot be terminated at will, otherwise they will be liable for breach of contract.

6. Termination of the Employment Agreement

The termination of the employment agreement is divided into unilateral termination and mutual termination.

Unilateral termination includes unilateral termination without authorization and unilateral termination in accordance with the law or by agreement. Unilateral termination without authorization is a breach of contract. Unilateral termination in accordance with law or agreement means that one party's termination of the employment agreement has a legal or contractual basis. With such unilateral termination, the terminating party does not have to bear legal liability to the other party.

Cancellation by both parties means that the graduates and the employer cancel the original agreement through consensus, so that the agreement will have no legal effect. Neither party shall bear legal responsibility, but the consent of the school must be obtained.

7. Liability for breach of contract and the consequences of graduates’ breach of contract

When graduates breach the contract, in addition to being responsible for the breach of contract and paying liquidated damages, it often leads to other adverse consequences. The main manifestations are: In:

First, as far as the employer is concerned, the employer often does a lot of work to recruit a graduate. Once the student breaches the contract, the employer will be passive.

Second, as far as schools are concerned, employers often regard graduates' breach of contract as the school's lax management, thus affecting the long-term cooperative relationship between the school and the employer.

Third, as far as other graduates are concerned, breach of contract will affect the employment of other graduates and cause a waste of employment information.