With the deepening of the reform of my country's education system, the "contract (contract)" employment model will be the main way for students to find employment in the future.

In recent years, when some colleges and universities have implemented "two-way choice" and "independent career selection", breach of contract between students and employers has occurred from time to time.

This is a problem in both society and schools. It had a certain impact. The reasons are, on the one hand, the parties' lack of legal knowledge or weak legal awareness; on the other hand, the "agreement" formulated by the education administration department is not perfect.

1. The nature and characteristics of an employment agreement

In a legal sense, if an agreement is to be legally effective, it must have the nature and characteristics of a contract (or contract) . Therefore,

an employment agreement should be an agreement that establishes a labor relationship (employment relationship) and clarifies rights and obligations

between the parties (graduates, employers). The agreement should have the following characteristics:

1. The intention of both parties must be consistent. The agreement is a civil legal act between the graduate and the employer. The intention of both parties must be consistent before it can be established. An agreement cannot be established if only one party expresses their intention, or if both parties express their intention, but the contents of their expressions of intention are inconsistent with each other.

2． The legal status of both parties to the agreement is equal. One of the parties to the agreement is a graduate, and the other party, whether it is an administrative agency, a public institution or a large enterprise group, etc., the legal status of the graduates and the employer are equal. There is no distinction between up and down and high

low.

3． The agreement should specifically clarify the rights and obligations of both parties. The agreement is entered into by both parties to establish certain civil rights and obligations.

Therefore, an agreement that does not produce any legal consequences and does not involve the rights and obligations between the parties has no legal significance

.

4. An agreement is a legally binding behavioral agreement. Since the agreement is reached by both parties in accordance with the law, it will produce corresponding legal consequences. Therefore, it is legally binding on both parties and is also recognized and recognized by national law. Protect. Therefore, both parties

must conscientiously and strictly perform their respective obligations.

2. Problems with the currently used agreement

In accordance with the requirements of the "Interim Regulations on the Employment of Graduates of General Colleges and Universities" issued by the State Education Commission on March 24, 1997, all provinces

Education administrative departments at all levels have uniformly formulated a format agreement for use within their jurisdiction. However, as the situation develops, such an agreement increasingly reveals its problems. Taking the agreement formulated by the Anhui Provincial Education Commission as an example, the author believes that there are mainly the following problems:

1. The content of the agreement is simple. The content of the agreement is too simple and basically does not involve the specific rights and obligations of both parties.

2． There is no liability clause for breach of contract. For example: What are the rights and obligations of each party? What is a breach of contract? Who bears responsibility

after breach of contract? There are no regulations on what kind of responsibilities to bear, etc., which can easily cause disputes, and it is not easy to resolve disputes after they arise.

3． The agreement does not have the legal effect of a contract. The agreement can only be a letter of intent and does not have the legal effect of a contract, causing the party to breach the contract and the other party to be unable to receive relevant legal protection. For example, some units, especially some large enterprise groups (including

private enterprises) sign a large number of agreements with students at supply and demand meetings, thus creating a sensational effect, but then set up various arrangements

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Conditions restrict the entry of some students; in addition, some students sign agreements with multiple units at the same time and can only choose one in the end.

The emergence of this problem is ultimately due to the fact that the agreement does not have the legal effect of a contract.

3. Several issues that should be paid attention to when signing the agreement

1. Carefully review the content of the agreement. The content of the agreement is a key part of the entire agreement. Graduates must review it carefully.

Firstly, review whether the content of the agreement is legal and in compliance with relevant national laws and policies; secondly, review and carefully consider whether the rights and obligations of both parties are reasonable; thirdly, review the main agreement clearly. (i.e., the main contract), whether there are any attachments (i.e., the supplementary agreement), and review their contents clearly

2． Write down the content of the supplementary agreement clearly. Since the content of the current agreement is simple, graduates can negotiate with the employer to express the specific rights and obligations that are not reflected in the original agreement in the form of a supplementary agreement. In accordance with the provisions of the "Labor Law", "Contract Law"

and related laws, the content of the employment agreement must at least have the following clauses to be legally effective: service period; job position

; Wages; benefits; agreement change and termination clauses; liability for breach of contract. It must be pointed out that the supplementary agreement and the main agreement have the same legal effect.

3． Whether the qualifications of the unit subject are qualified. Whether the qualifications of both parties to the agreement are qualified is the prerequisite for whether the agreement has legal effect (here mainly refers to the qualifications of the employer). Employers, whether they are agencies, institutions or enterprises (excluding private enterprises), must have the right to hire people. If it does not have the authority to enter, it must be approved by its superior supervisor who has the authority to enter. Therefore, before graduates sign contracts, they must first review the employer's qualifications.

4. State the liability for breach of contract Liability for breach of contract refers to the legal liability borne by the parties to the agreement for not performing or not fully performing the obligations stipulated in the agreement due to fault. It is an effective means to ensure the performance of the agreement. In view of the fact that the default rate of graduates and employers has increased in practice, the default clause in the agreement becomes even more important. Therefore, in the content of the agreement, the breach of contract by both parties and the responsibilities they should bear after the breach should be stated in detail. It should also state the methods and channels through which the parties will bear the responsibility after the breach of contract.

In this way, it will be more conducive for both parties to fulfill the agreement, and it will also be conducive to the resolution of future breach of contract disputes.

5. Review the specific opinions signed by the employer and the superior authority. The opinions signed by the employer and the superior authority should be specific, accurate, and consistent with the content of the agreement.

6. The form of the agreement must be legal. The graduates and the employer must reach an agreement through consultation and must pay attention to completing the procedures completely when signing the contract. First of all

Graduates must sign and indicate the time of signing; secondly, the employer and its superior authority must stamp the official seal of the employer and indicate the time

and personal signatures are not allowed. Instead of the official seal of the unit; thirdly, after the graduates and the employer sign, the agreement must be handed over to the school's graduate allocation department to complete relevant procedures so that employment plans can be formulated in a timely manner and dispatched smoothly.

Some issues to pay attention to when signing an agreement!

When everyone is looking for a job,

they are very conflicted and consider many issues.

The following issues should be paid attention to,

1. Consider it carefully.

Some students signed a contract today and broke the contract the next day.

They paid a price of 2,000 RMB and the suffering of receiving the agreement a month later!

2. Pay attention to various additional conditions.

Some employers attach various conditions, such as the nature of the students, degree certificates, graduation certificates,

Certificate IV, physical condition, review by superiors, examinations and interviews, etc., which must be Be cautious.

If it can only take effect after passing an interview or lecture,

Don’t give them the agreement for the time being. It will take a long time after they take it to tell you what they want from you.

The result is that you are unqualified and I don’t want you anymore. It’s a waste of time and a waste of feelings! ! ! ! ! !

This situation has already happened, I hope everyone will pay attention!

3. Be sure to ask clearly about the specific unit of future work.

Sometimes the Education Bureau or the Personnel Bureau comes to recruit people for secondary allocation.

At this time, it is necessary to agree on the specific unit or type of work unit where the person will work in the future, etc.

For example, a certain steel company has many schools, including high schools, junior high schools and vocational middle schools.

If you write your commitment or sign an agreement without distinguishing clearly, you may have endless troubles!

There are also many junior high schools or branch schools that use the name of their alma mater to recruit people.

The results are not as imagined, and many people suffer losses and are deceived.

For example, the campuses of some prestigious schools may be privately run.

For example, there is a middle school in Xiangfan, which has high schools, junior high schools, elementary schools and sports schools. You must ask clearly before writing!