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If you have signed a third-party agreement with the school, you can breach the contract. However, if you break the contract, you may have to pay for some of the things you agreed upon. So you can't send a breach of contract intact.
But if you are involved in confidentiality matters or uh other service periods, it may also be limited, and you can't just breach the contract.
It mainly depends on what you are, breach of contract. If it's just to provide some services to the university, such as building a library or some other buildings or providing office supplies, well, these may be in breach of contract. But you should have provided some solutions to the breach of contract in the agreement, just follow the above solutions.
If you don't follow the above instructions, you may be involved in some lawsuits or other matters. It's not particularly good for you personally.
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The school forced the signTripartite agreement, Limb Yu does not have to sign a tripartite agreement.
In the tripartite agreement, graduates are obliged to truthfully introduce themselves to the employer and report to the employer on time. The employer's obligation is to truthfully introduce its own situation to the graduates and be responsible for handling the relevant procedures for the graduates. The school's duty is to be responsible for completing the dispatch.
The school cannot force graduates to sign a tripartite agreement, and according to the regulations, if they do not have a work unit before graduation, they do not need to sign a tripartite agreement. If the school does not sign a tripartite agreement, it will not give a graduation certificate.
Graduates can report and complain to the local education department.
Precautions for signing a tripartite agreement.
If the student is late in signing the agreement, he or she must strictly follow the prescribed steps. Wait for the employer to fill in and stamp, and then go to the school's career guidance center to get the visa stamped. Do not go directly to the graduate career guidance center of the school to ask for a seal after filling it out yourself.
As a result, when filling in the form, the salary and benefits of the employer are very different from those promised in the past. However, because they and the school have signed and sealed, the students are unable to recover. Either they will be submissive, or they will be forced to compensate the employer for breach of contract.
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1. How to deal with the breach of the tripartite agreement of the school.
1. Breach of the school's tripartite agreement can be dealt with in the following ways:
1) Get in touch with the unit that signed the three parties, euphemistically express the willingness to destroy the positive lead contract, and explain the reasons;
2) Require the original contracted unit to issue a written return letter for breach of contract;
3) Submit the termination letter of the original contracted unit and the receipt letter of the new unit to the relevant departments of the school.
2. Legal basis: Article 2 of the Labor Law of the People's Republic of China.
Enterprises and individual economic organizations within the territory of the People's Republic of China are hereinafter collectively referred to as employers and workers who have formed labor relations with them, and this Law shall apply.
State organs, public institutions, social organizations, and workers with whom they have established labor contract relations shall be subject to this Law.
Article 3. Workers enjoy the right to equal employment and choice of occupation, the right to receive labor remuneration, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law.
Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
2. Does the breach of the tripartite agreement affect the integrity file?
It does not affect the integrity of the file. Compliance with the reassignment procedures within one year of graduation will not affect the integrity record, and if the unilateral breach of contract and no reassignment is not reassigned, resignation and resignation will be reckless. The construction of the country's creditworthiness system is not yet complete, which gives the untrustworthy an opportunity to take advantage of, some even have more jobs at the same time, and some maintain de facto marriages with multiple members of the opposite sex, and some are child's play, which is the result of the country's legal system not being sound.
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At present, most colleges and universities require the return of the agreement, whether it is a breach of contract: the tripartite employment agreement is different from the labor contract, and the agreement must be signed by the company and the school before it can take effect.
The tripartite agreement serves as a basis for national statistics on the employment rate of university students, as well as a proof of the issuance of state dispatch certificates. Only if you sign a tripartite agreement and take it back to the school, the school will issue you a dispatch certificate after you graduate, so most schools currently require the tripartite agreement to be returned.
However, in order to improve their own employment rate, many colleges and universities force students to sign "false" agreements with acquaintances and relatives, which is not good for graduates, and graduates should not give in. The employment agreement is a tripartite contract, which involves three aspects, such as the school, the employer, the student, etc., the three parties are related to each other but independent of each other, and the graduate is still a student when he signs the employment agreement.
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The school wants the other party to take the tripartite agreement, can it be breached?
According to the provisions of the tripartite agreement, both parties can breach the contract, but the breaching party needs to bear the corresponding legal responsibility. Generally speaking, when both parties breach the terms of the agreement, it can be regarded as a breach of contract, and the argument is that the spine needs to carry the corresponding legal liability. In addition, the defaulting party may also face financial losses, such as compensation, interest, etc.
Therefore, when entering into a tripartite agreement, both parties should carefully read the terms of the agreement to avoid the occurrence of a breach of contract.
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Mine: The tripartite agreement serves as a basis for the national central source statistics on the employment rate of college students, and it is also a proof of the issuance of the national dispatch certificate. Only if you sign the tripartite agreement and take back the school, the school will issue the dispatch certificate to you after you graduate, (if you don't give the school a tripartite agreement, then when you graduate, the school will send the dispatch certificate to your original talent in the form of unemployment), and you take the dispatch card to report to the unit where you work, Bu Peiling will start to calculate the length of service, and you will have the status of a cadre (basically graduate on June 25 every year, so you must hand over the three parties to the school before June 18).
Article 24 of the Interim Provisions of the People's Republic of China on the Employment of Graduates of Ordinary Colleges and Universities After the meeting of supply and demand and two-way selection, graduates, employers and institutions of higher learning shall sign an employment agreement for graduates as the basis for formulating employment plans and dispatches. Without the consent of the school, the agreement signed by the graduate is invalid.
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Legal Analysis:1Get in touch with the units that signed the three parties, euphemistically express their willingness to break the contract, and explain the reasons; It is recommended to use the method of e-mail and telecommunication.
2.Require the original contracted unit to issue a written return letter for breach of contract, remember to stamp the official seal of the unit, because this is effective! In addition, many banks set up.
3.Obtain a written letter of acceptance 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 latest situation. There are quite a few.
4.Submit the termination letter of the original contracted unit and the receipt letter of the new unit to the relevant departments of the school (usually the Enrollment and Employment Office) in exchange for the new third party.
5.Take the new third party to sign the contract with the new unit, and then hand over the signed and stamped new third party to the school and college.
Legal basis: Labor Law of the People's Republic of China
Article 2 This Law shall apply to enterprises within the territory of the People's Republic of China, individual economic organizations (hereinafter collectively referred to as employers) and workers who have formed labor relations with them. This Law shall be implemented in accordance with the provisions of this Law for the national government agencies, public institutions, social organizations and workers with whom they have established labor contract relations.
Article 3 Workers shall enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law.
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The school's ways to deal with the breach of the tripartite agreement are as follows: 1. Get in touch with the unit that signed the tripartite agreement, euphemistically express the willingness to break the contract, and explain the reasons; It is advisable to take the e-mail plus the party shouting style. **Pay attention to the way you speak when you contact, and talk well to the staff under normal circumstances; And the email can be used as documentary evidence that you have informed the relevant situation of the Qisoxianohara unit.
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