服务期协议:概念、本质及其法律效力分析

Service period contract:analysis to its concept,essence and legal effect

服务期协议是用人单位在为劳动者先履行或承诺先履行相应给付义务或为劳动者提供了某种特殊待遇的情况下,要求劳动者对其承诺为本单位工作满一定年限作为补偿并在该期限内不另谋职业的特定契约。它是劳资双方以劳动合同为基础所形成的特殊约定,需要我们借助劳动法和民法的双重思维,结合服务期协议的不同约定进行具体处理。

Service period contract is a special contract between the employer and the employed, when the employer implement corresponding obligation or provided benefits for the employee firstly, as compensation, the employer has rights to require the employee sign service contract to commitment that work full certain times to fulfilling contract duties, and give up to seek other work opportunity. The service period contract is a special agreement which by the employee and the employer based on the labor contract, we should establish dual thinking combining the labor law and civil law, integrate dissimilarity engagement of each dissimilarity service period contract to settlement disputes.