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近年来,随着社会主义市场经济体制的建立和大学生就业制度改革的不断深化,加之对个人价值的尊重和人们法律意识的增强,违约现象也逐渐凸现出来。这里所谈的是指高校学生就业过程中由毕业生、用人单位、学校签订就业协议书后的违约,大多发生在毕业生向用人单位报到前,此时劳动合同(或聘用合同)尚未签订或生效。就业违约带来毕业生、用人单位、学校几方面的利益冲突,也引起就业工作者越来越多的深入思考。本文从违约成因着眼,理性审视这一现象,并对规范协议行为进行一些思考。
In recent years, with the establishment of the socialist market economic system and the gradual deepening of the reform of the employment system for university graduates, as well as the respect for personal values and the enhancement of people's legal awareness, the phenomenon of default has gradually emerged. What we are talking about here refers to the breach of contract after signing the employment agreement by graduates, employers and schools in the process of employment of university students, most of them occur before the graduates report to the employer, and the labor contract (or employment contract) has not been signed or entered into force yet . Employment defaults bring conflicts of interest on the part of graduates, employers and schools, and have also caused more and more thinking among employed workers. This article focuses on the causes of default, rationally examine the phenomenon, and some thinking on the normative agreement behavior.