Freezing time evaluation
graduate must sign a contract to work? Institutions of higher learning require the increase of "graduation"
Recently, a notice issued by the Ministry of Education that prohibits colleges from forcing graduates to sign employment agreements and labor contracts in any way has caused heated discussion in the society. my country's higher education is booming, and universities are an important front station for countless students to enter the society. When graduating, whether it is employment, further education, entrepreneurship, or waiting for employment, should be the development path determined by students independently. The diversified life choices of graduates are also the endogenous driving force for the development of social diversity.
However, in recent years, some colleges and universities have required graduates to sign employment agreements (also known as "tripartite agreements") or labor contracts by withholding graduation certificates and compulsory job arrangements in order to obtain dazzling graduation data. Health brings unnecessary trouble. There is no doubt that this method of ignoring students' life choices for the completion of work tasks reflects the problem of utilitarianism and short-sightedness in schools, and it also breaks away from the principle that education should adhere to "student-oriented".
Strictly speaking, employment agreements and labor contracts fall into the applicable scope of civil law and labor law. The employment agreement is a civil agreement, which can be understood as the pre-procedure for signing a labor contract between the graduates and the enterprise. The main function after signing the employment agreement is to ensure the mutual restraint between the three parties of the school, the enterprise, and the student, and the student files, The procedures for the transfer and handling of personal data such as accounts are smooth.
Whether it is a civil agreement or a labor contract, voluntary actions based on free will of both parties or three parties are the most basic prerequisite and legality guarantee. For any contracting behavior that violates the will of the individual, the legality determination cannot be made. The forced or disguised contracting requirements of colleges and universities will undoubtedly bring certain legal risks to school management, and will also be caused by students’ involuntary circumstances. Signing a contract leads to a large number of contract breaches, which has a negative social impact on the school’s employment reputation.
For individual graduates, after signing an employment agreement or labor contract under the pressure of the school's "august", there are generally cases where they leave immediately before they have entered the job or after a short period of work due to changes in their personal ideas. Under the constraints of the employment agreement, students may be personally liable for higher liquidated damages. For graduates from first-tier cities with higher thresholds to settle in Beijing and Shanghai, the casual signing of the employment agreement may also lead to the loss of the most direct access The opportunity to settle for eligibility. For graduates who have just left the job and left the job, it will also have a more or less impact on the background re-employment and integrity inspection of the individual.
The phenomenon of colleges forcing graduates to sign a contract is not just a legal issue, but a management issue involving multiple subjects and factors. It also needs to be addressed from the following three points.
First, adhere to the principle of "ruling schools according to law". Schools must adhere to the legal bottom line and realize the educational objective of "student-oriented". On the eve of graduation, the school should actively communicate with the graduates about graduation choices, and should not make over-the-top oppressive or tendency-oriented guidance, set up graduation obstacles, or touch the legal bottom line. In addition, you can conduct multi-dimensional graduation announcements for graduation options by conducting lectures, playing promotional videos, one-on-one counseling, etc., analyzing the future development prospects of different choices, and helping students make their own graduation choices through specific case analysis.
Second, change the assessment method and social evaluation cognition of the "only employment rate theory" in colleges and universities. In the future, we should implement assessment management by examining the specific employment quality of colleges and universities, the degree of realization of students' personal choices, and other multi-dimensional indicators to reduce the degree of linkage between paper employment rate and school funding, and adjust the increase and decrease of school majors.
Third, the education management department should implement a substantive inspection of the authenticity of graduation data, and adopt a point-to-point inquiry method for clearly unreasonable employment data to clarify the inspection results. In addition, public supervision is also an important control path. You can actively guide informed people to provide factual evidence by carrying out policy publicity, so that universities do not dare to fake.
In short, only through the double action of the administration and the people can we ensure that the real employment data provided by the universities are all "worn out".
Hu Ke Source: China Youth Daily