就业协议书与劳动合同辨析

就业协议是用人单位与求职人员之间签订的关于未来劳动聘用关系及劳动合同主要内容的书面文件。由于许多大学生都需要在正式毕业前寻找工作,而用人单位也担心应聘人员脚踩多只船,所以,在当前毕业生求职过程中广泛适用。由于就业协议本身不是劳动合同,关于就业协议的相关法律规定也不多见,实践中就业协议的法律效力受到挑战。本文主要比较就业协议和劳动合同的异同,从而为认清就业协议的法律性质,顺利解决关于就业协议纠纷提供借鉴。

On the Employment Agreement and the Employment Contract

Employment Agreement is the file which the Employer and the Employee signed for the future relation of employment between them. Because all the college graduates need to find a job before they leave the college, and the Employment also worry about that the students may get several jobs, so the Employment Agreement is widely adopted. However, the Employment Agreement is not a Employment Contract, and there are few relevant law stipulation right now. Thus, the force effect of the Employment Agreement is greatly challenged. This article compares the Employment Agreement with the Employment Contract, to identify the legal essence and give good solution for the dispute relation with the Employment Agreement.