高校就业协议书论劳动合同缔约过失责任

On the College Employment Agreement Book Based on the Labor Contract of Contracting Negligence Responsibility

高校就业协议书签订后经常毁约,造成根本原因是协议书法律性质不明确。通过对毕业生、用人单位和高校违约现象分析,提出构建劳动合同缔约过失责任,明确责任主体、责任范围、赔偿方式等建议。签订就业协议书为缔约阶段,违反就业协议承担缔约过失责任。

The employment agreement book which has been signed is often scrapped, the cause of which is that its legal characteristics are not clear. Through the analysis of the default employers, college graduates, and the scrapping phenomenon, construction of labor contract with culpa in contrahendo, and clearing the subject of liability, compensation scope have been put forward. The employment agreement book can be considered as a contract, violating of which should take negligence responsibility.