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要澄清高校毕业生就业违约金问题,首先必须明确高校毕业生签订的是就业协议还是劳动合同,就业协议和劳动合同二者存在很大的区别。违反就业协议和违反劳动合同将产生不同的法律后果。违反就业协议,不论是用人单位还是高校毕业生,违约方都必须给付违约金。如果是劳动合同的违约,则高校毕业生只需在法律规定的情况下给付违约金。有鉴于此,高校毕业生就业时必须分清签订的协议是就业协议书或劳动合同,谨慎对待签约问题,签订就业协议时要尽可能与用人单位明确约定违约金数额。要提前做好职业生涯规划,树立正确健康的就业观念。
To clarify the problem of college graduates’ employment liquidated damages, we must first make clear whether college graduates sign employment agreements or labor contracts, and there is a big difference between employment agreements and labor contracts. Violation of employment agreements and breach of labor contracts will have different legal consequences. Violation of employment agreements, whether employers or college graduates, the parties must pay breach of contract damages. If the contract is a breach of contract, college graduates only need to pay the liquidated damages provided by law. In view of this, the employment of college graduates must distinguish between the signing of the agreement is an employment agreement or a labor contract, the signing of the issue of caution, signing employment agreements as much as possible with the employing unit agreed upon the amount of the liquidated damages. To advance professional career planning, establish a correct and healthy employment concept.