【裁判要旨】尚未获得学校颁发的毕业证书的准毕业生以就业为目的与用人单位进行协商,并在双方平等自愿的基础上签订劳动合同,应当认定双方形成劳动关系。 【Referee Key Points】 Quasi-graduates who have not obtained the graduation certificate issued by the school shall consult with the employing unit for employment and sign the labor contract on the basis of equality and voluntariness of both parties, and shall conclude that both parties form a labor relationship.