Legal analysis of the two parties’rights and obligations before signing labor contract——concurrently discussing the legal nature of the employment agreement

Since "Labor Law" has been promulgated, there are a lot of published papers which analyze the relationship of rights and obligations in labor contract between the two parties from legal point of view, however, there is little study on the rights and obligations when the two parties are still in the stage of contract negotiation. Thus it is the responsibility of our legal field to pay attention to the issue, to be specific, to discuss whether we can explain the relationship before signing labor contract according to the general principles of offer and consideration concept in civil contractual law. At present, our country has over 4 million graduates every year, many of whom sign the employment agreement. So what is the nature of such agreement and how to dispose the rights and obligations? This paper profits from the "to hire decided but not yet announced" concept in China Taiwan and other theories of foreign countries about the two parties' rights and obligations before signing labor contract, and makes the legal analysis on this topic, at the same time makes the corresponding analysis of the employment agreement in practice.