高校学生就业“三方协议”的法律性质、现实问题与解决方案研究

Research on the Legal Nature, Practical Issues, and Solutions of the “Tripartite Employment Agreement” for College Students

摘要: 就业三方协议制度起源于计划经济时代，以就业数据统计和学生就业权益保护为主要目标。随着社会的发展，三方协议模式带来了诸如法律性质难以确定、法律适用困难、内容简略、主体界定模糊等一系列问题。同时，三方协议在就业统计与毕业生保护方面的作用亦不再具有不可替代性。解决三方协议困境的对策有两种，一是直接废除三方协议，由毕业生直接与用人单位签劳动合同。二是对三方协议制度进行优化和改造，将其“打造”成一种特殊的劳动合同。主要方法就是参照劳动合同必备条款来完善三方协议的内容，并通过立法来明确三方协议的法律性质，将内容、形式和签署程序予以规范。使改造之后的三方协议能同时满足三方主体的需要。

Abstract: The tripartite employment agreement system originated in the planned economy era, primarily aimed at collecting employment data and protecting students’ employment rights and interests. However, as society has evolved, the tripartite agreement model has encountered issues such as uncertainty in determining its legal nature, difficulties in applying the law, concise content, and a vague definition of the subject. Simultaneously, the role of tripartite agreements in employment statistics and graduate protection is no longer irreplaceable. There are two potential solutions to address the challenges faced by tripartite agreements. Firstly, one could abolish the tripartite agreement altogether, allowing graduates to directly sign labor contracts with employers. Alternatively, the tripartite agreement system could be optimized and transformed into a specialized type of labor contract. The primary approach involves enhancing the content of the tripartite agreement by referencing the essential clauses of a labor contract, and clarifying its legal nature through legislative measures, thereby regulating its content, form, and signing procedures. This would ensure that the revamped tripartite agreement meets the needs of all three parties simultaneously.