In another year's graduation season, graduates begin to look for jobs. Many schools will require students to sign a tripartite agreement. Is it still fresh graduates after the tripartite agreement is signed? Today, I sorted out the tripartite agreement of 2021. Are you still fresh graduates? For your reference, let's have a look!
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What is a tripartite agreement
Has the tripartite agreement been signed or is it a fresh graduate
Can the tripartite agreement be breached
Steps for breach of tripartite agreement
What is a tripartite agreement
The three party agreement is the abbreviation of the "agreement on employment of graduates of ordinary universities and colleges". It is a written form of explicit rights and obligations for graduates, employers and three parties in the employment of graduates. It can solve a series of related problems such as registered residence, archives, insurance, and public funds.
1. Full name: employment agreement for graduates and postgraduates of ordinary colleges and Universities
2. Responsible party: graduates, employers and schools
3, the role: to solve the graduates' registered residence, archives, insurance, provident fund and a series of related issues.
4. Meaning: it represents the first job of college students after graduation
5. Term: the employer will terminate after formal acceptance
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Has the tripartite agreement been signed or is it a fresh graduate
Many students will worry that signing a tripartite agreement will affect the registration of next year's provincial examination, career editing, transfer students, banks, etc., but it will not affect. You are still a fresh student.
As long as you have not signed a labor contract, paid social security and provident fund, and the files are still stored in the school or the local talent market, you still have the status of fresh graduates.
It should be noted that once the graduates report to the unit and sign a labor contract or form a factual labor relationship with the unit, the graduates will form a formal labor relationship with the employer. Therefore, the tripartite agreement is not a formal labor contract and does not affect the identity of fresh students of candidates. However, if the examinee signs a formal labor contract, even in the year of graduation, when applying for the public examination such as transfer students, it will not be regarded as the identity of fresh students. However, although the tripartite agreement is only an employment intention, it is not binding on labor relations. However, it is suggested that the small partners preparing for the civil service examination and the career examination should pay a little attention to signing the tripartite agreement, and do not sign indiscriminately or falsely. If fraud is found in the political examination of civil servants, it will affect the employment situation.
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Can we break the contract after signing the tripartite agreement?
Yes, but there are risks and costs, and the process is troublesome.
In case of breach of contract, graduates must bear the liability for breach of contract and can sign a new contract only after obtaining the consent of the employer and paying liquidated damages. When re signing the contract, graduates must complete the termination procedures with the original signing unit (with a written return letter from the original signing unit and pay liquidated damages), and then return the original agreement to the enrollment and employment office in exchange for a new agreement.
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Steps for breach of tripartite agreement
01
Get in touch with the units signing the three parties, euphemistically express their willingness to break the contract and explain the reasons. I suggest that we adopt the way of email and telephone connection. Because email can be used as documentary evidence, you have informed the original unit of relevant information. Keep good evidence in case of disputes.
02
Require the original contracting unit to issue a written return letter for breach of contract.
Remember to affix the official seal of the unit, because this is effective; In addition, many banks have set up liquidated damages, which will require you to pay liquidated damages before they are willing to give you a termination letter. At this time, you can find a way to have a good talk. In short, in this link, it is the king's way to get the termination letter stamped with the official seal of the unit!
03
Obtain a written acceptance letter from the new unit.
Pay attention to the signing time of the new unit, and contact the HR of the new unit in time to understand the current situation. Many students missed the signing of the new unit because the original company delayed giving the letter of default. The written acceptance letter of the new unit also needs to be stamped with the official seal of the unit, because it is only effective in this way.
04
Send the termination letter of the original signing unit and the signing letter of the new unit to the relevant departments of the school (generally the enrollment and Employment Department) in exchange for the new three parties.
05
Take the new third party and sign a contract with the new unit, and then hand over the signed and sealed new third party to the school and college.
Once the tripartite agreement is signed, it means that we have landed our first job in the society. Therefore, we must choose carefully. Compare multiple companies. Don't sign or break the contract easily. We'd better be satisfied if we sign it.
After the signing of the tripartite agreement, the student proposes to break the contract. At this time, does the school have the right to collect liquidated damages from the student?
The two parties with rights and obligations in the tripartite agreement are still workers and employers. If students want to break the contract, unless there is a special agreement between students and the school, the school can not collect liquidated damages from students under normal circumstances.
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