目前,我国高校毕业生就业大都是通过签订就业协议实现的。就业协议的完善程度和实际履行程度,与毕业生、用人单位有着直接的利益关系,也与国家规范人才市场、建立有效的用人机制有密切关系。因此,从法律的角度来认识和理解就业协议,具有十分重要的意义。一、就业协议的性质及特征曾有人提出:就业协议是不是合同?那么,什么是合同呢?所谓合同,是指平等主体的当事人之间设立、变更、终止民事权利、义务关系所达成的协议合同要求订立者主体的法律地位平等,意思表示真实,不得以欺诈、协迫手段或者乘人之危订立合同,合同的内容不得违反法律,不得妨碍国家、社会公共利益,不得侵害第三者利益。由此看来,就业协议符合合同的特征。就 At present, the employment of university graduates in our country is mostly achieved by signing the employment agreement. The degree of perfection and actual fulfillment of employment agreements have direct interests with graduates and employers, and are also closely related to the state standardizing the talent market and establishing an effective employment mechanism. Therefore, it is of great significance to understand and understand the employment agreement from a legal point of view. First, the nature and characteristics of the employment agreement It has been proposed: employment agreement is not a contract? So, what is the contract? The so-called contract refers to the equality between the parties to establish, change, terminate the civil rights and obligations of the agreement reached by the contract The main body of the law requires the legal status of the parties to be equal and the meaning is real. No contract or contract should be fraudulent, coercive or fraudulent. The contents of the contract shall not be in violation of laws, shall not hinder the public interests of the state or society, nor shall they infringe upon the interests of any third party. From this, the employment agreement is in line with the characteristics of the contract. on