高校毕业生就业协议与劳动立法的衔接与融合问题研究

Research on the Connection and Integration of College Graduates Employment Agreement and Labor Legislation

高校毕业生就业协议与劳动立法有诸多的冲突和矛盾,在我国当前社会发展阶段和劳动立法体系下,应和劳动合同及劳动立法进行衔接和融合。立法层面上,应整体将毕业生就业问题纳入劳动立法体系,实践层面上应综合考量案情,将毕业生实习、就业过程的问题作为劳动争议处理。同时,还需在诸如试用期、见习期、违约金等具体制度上进一步融合。

There are many conflicts and contradictions between college graduates employment agreement and labor legislation. Under the current stage of social development and the system of labor legislation in China, it should be connected and integrated with labor contract and labor legislation. At the legislative level, the employment of graduates should be integrated into the labor legislation system as a whole. At the practical level, the case should be considered comprehensively, and the problems existing in graduates’ internship and employment process should be treated as labor disputes. At the same time, it is needed to be further integrated with specific systems, such as probation period, probation period,liquidated damages and so on.