Research On Legal Risks Of Employment Agreements For University Graduates

In my country,when college graduates find a job for the first time,they will sign a graduate employment agreement with the employer,which is an important step for graduates to walk out of the campus to complete employment.The employment agreement system for college graduates plays an important role in the process of graduates going to work.At this stage,the degree of labor marketization is gradually increasing.Graduates,as an important part of human resources in the labor market,have put forward higher requirements for market-oriented employment standards.With the progress of the times,some problems have emerged in the application of the employment agreement system,and it is difficult to adapt to the needs of the actual employment market.A series of legal risks arising from the employment agreement in protecting the employment of graduates infringe upon the employment rights of graduates.Through a questionnaire survey on the employment agreements of the 2020 college graduates in Wuhan and a review of the relevant judicial practice judgments,it can be found that the employment agreement is usually not recognized as a written labor contract,but when the employment agreement is specific work When the substantive terms such as location,job position,probation period,remuneration,labor period,working conditions,rest and leave are agreed,the employment agreement can be regarded as a labor contract;regarding the liquidation disputes arising from the employment agreement,the court will usually determine The penalty clause is legal and effective.When the graduates breach the contract,they will be sentenced to pay the penalty;when there is a conflict between the employment agreement in the employment agreement and the terms of the labor contract,the court will usually prevail on the labor contract;In practice,the employer pays a unilateral breach of contract and terminates the employment agreement at a very low price.It can be seen that the legal risks in the employment agreement infringe upon the interests of graduates.From the perspective of the creation of employment agreements,employment agreements have certain attributes of administrative law,and they have indeed played an important role in the long period of time.With the acceleration of the socialist marketization process,employment agreements gradually no longer adapt to the development of the labor market.The administrative constraint of the employment agreement conflicts with the free choice of the labor market,and the civil law attribute of the employment agreement also creates a series of conflicts with the labor law attribute.The prevention of legal risks in employment agreements should be aimed at protecting the employment rights of college graduates and the principle of balancing the interests of employers and graduates.In practice,within a short period of time,it is necessary to standardize the employment agreement,cancel the dominant position of the university in the employment agreement,and clarify the legal nature of the employment agreement;restrict the application of liquidated damages in the employment agreement;standardize the content of the employment agreement and clarify the requirements for the termination of the employment agreement.From a long-term perspective,it is imperative to abolish the employment agreement system.It is recommended to replace employment agreements with labor contracts.