Those who don't get the diploma still belong to students, and they don't have the main qualification to sign labor contracts in relevant regulations, so fresh graduates who don't get the diploma sign employment agreements. The employment agreement is an agreement between the employer and the school and the fresh graduates of the school, which will soon form labor relations and the basic rights and obligations of both parties in labor relations.

Legal analysis

College students can't sign labor contracts, but they can sign labor service agreements or internship agreements with employers at a specific time, which is a great protection for college students. I hope that college students can pay attention to relevant issues and benefit from them when looking for a job. According to the current relevant regulations, college students cannot establish labor relations with employers, that is, they cannot sign labor contracts. However, for various reasons, some employers hope that students who have not yet graduated can work in the unit. Even so, they can't sign labor contracts. But you can sign a labor service agreement or internship agreement with the company, and stipulate the rights and obligations of both parties in the agreement. Before you retained your student status, the company did not establish a labor relationship with you, just a labor relationship. If it meets the characteristics of employment relationship, it can be considered as employment relationship. Those who don't get the diploma still belong to students, and they don't have the qualification to sign labor contracts in the labor law, so fresh graduates who don't get the diploma sign employment agreements. The employment agreement is an agreement between the employer and the school and the fresh graduates of the school, which will soon form labor relations and the basic rights and obligations of both parties in labor relations. The three parties to the employment agreement are the employer, the school and the fresh graduates of the school.

legal ground

Article 10 of the Labor Contract Law of People's Republic of China (PRC) shall conclude a written labor contract when establishing labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.