Similarities And Differences Between Employment Agreement And Labor Contract For University Students

The graduating college students will walk out of the campus and enter the society.

In the process of finding a job, the university will issue the employment agreement to the university students. When the students have implemented the work, the company wishing to employ will voluntarily request the signing of the employment agreement for university students. So what is the difference between the employment agreement and the labor contract?

The employment agreement is the same as the labor contract. Once signed, it has legal effect. Both graduates and employers should perform according to the agreement.

But there are essential differences between the two: 1. the main body: the employment agreement is a unified employment agreement signed by the Ministry of education, which is jointly signed by the three parties of the graduates, employers and graduates.

2. the time of signing is different: the employment agreement is signed before the graduates are dispatched, and the labor contract is signed after the graduates arrive at the unit.

3. the content is different: in the employment agreement, the obligation of graduates is to introduce their own situation to employers and register them on time.

The employer's obligation is truthfully directed.

Introduce your own situation and take charge of graduates' formalities.

The obligation of the school is to complete the relevant work.

The employment agreement for graduates is a concrete embodiment of the assignment of graduates.

Labor contract is a labor contract established between the laborer and the employing unit and a contract to clarify the rights and obligations of both parties.

4. the legal basis is different: the employment agreement for graduates is an anonymous contract.

"The laws and regulations of the State concerning the employment distribution of graduates and other related policies and regulations shall be strictly implemented by the parties once the agreement is signed. Any party who wants to change this Agreement requires one month's prior approval of the other two aspects, otherwise, it will be disposed of according to the breach of contract.

The labor contract is a well-known contract, and applies the labor law, the labor contract law, the labor dispute mediation and Arbitration Law and other legal norms.

5. the applicable personnel are different: the labor contract can be applied to all kinds of personnel. Whenever a citizen of People's Republic of China has the ability to work and meets the requirements prescribed by law, he can choose a two-way contract through supply and demand, and once employed, he can sign a labor contract with the employing unit.

The employment agreement applies only to college graduates.

6. the way of dispute resolution is different: graduates can bring a lawsuit to the people's court because of disputes arising from the employment agreement, and can not be submitted for labor dispute arbitration.

If there is any dispute in the labor contract, either party may apply to the local labor dispute arbitration committee for arbitration. If the parties concerned are not satisfied with the arbitration award, they may bring a lawsuit to the people's court. Arbitration is the preposition procedure for litigation, and if the parties directly sue the people's court for the labor dispute, the people's court shall not accept it.