关于就业协议适用劳动合同法的几点思考

Some thinking of employment agrement application labor agreement

自《劳动合同法》实施以来,由于就业协议与劳动合同的冲突使得毕业生的劳动权益受到很大的损害,其根本原因在于就业协议与劳动合同性质不同、内容有别,导致适用法律的不同。因此,改革就业协议就成了摆在我们面前一个必须解决的问题,但如何改革却并没有形成共识。笔者认为改革就业协议,最好的办法就是创造条件使就业协议适用劳动合同法。本文在全面分析就业协议存在的必要性及面临的主要问题、就业协议适用劳动合同法的必要性和可行性的基础上,提出了改革就业协议的具体建议。

since the implementation of Labor Contrac t Law,there have been many cases in which the labor rights and interests of graduates have been done much harm because of the conflict between employment agreements and labor contracts.The root of this conflict lies in their different properties,different contents which lead to the applications to different laws.Thus,the reform of the employment agreement has become a problem which must be solved.However,there is no consensus on how to reform it.The author believes that the best way for this reform is to create suitable conditions for the application of the labor contract law in employment agreements.In this thesis,based on the comprehensive analysis of the necessity of employment agreement and the main problem we are facing,of the necessity and feasibility of application for the labor contract law in employment agreement,concrete Suggestions of the reform of employment agreement are put forward.