巨额违约金所引发的高校就业纠纷案例分析——以S大学为例

Case Analysis of Employment Disputes Caused by Huge Liquidated Damages in Colleges: Taking S University as an Example

通过S大学几起由巨额违约金所引发的就业案例,我们可以看到当前大学生就业方面存在的一些问题:如毕业生对就业协议和劳动合同中规定的劳动者权益、责任不明确,又如某些用人单位在收取违约金方面的做法不合规等。笔者对S大学的三个案例进行了分析,并借此展开思考,针对此类事例,提出高校应对就业协议按流程审核,严格把关,保证程序公正,同时可以提前在就业协议上设置合理的违约金,以保障高校、毕业生和用人单位三方权益,以及增强毕业生就业方面的法律知识,加强毕业生诚信教育和巧用法规条款,争取减轻损失等几点建议,使高校毕业生就业工作能够开展得更为全面细致。

Through several employment cases of S University caused by huge liquidated damages,we can find some problems existing in the employment of college students at present.For example,graduates are not clear about the rights and responsibilities of workers stipulated in employment agreements and labor contracts,and some employers do not follow the rules in collecting liquidated damages.Based on the analysis of three cases,the authors start to think about and propose several suggestions so as to enable the employment of college graduates to carry out more comprehensive and meticulous.In view of such cases,colleges and universities should examine employment agreements according to the process and strictly check to ensure fair procedures.Meanwhile,reasonable liquidated damages can be set on the employment agreement in advance to protect the rights and interests of universities,graduates and employers,as well as enhance graduates'legal knowledge in employment and the education ofsincerity and honesty and use legal provisions to try to mitigate losses and so on.