Graduate Contracting and Employment Issues 20

It has no impact, and is only used as a basis for colleges and universities to calculate the employment rate of fresh graduates. The employment agreement is an important evidence for employers to confirm the authenticity and reliability of relevant information about graduates and to accept graduates, and it is also an important basis for colleges and universities to manage the employment of graduates, prepare employment plans, and handle employment settlement procedures for graduates. The agreement will be terminated after the graduate reports to the employer and the employer officially accepts it.

Employment agreements are generally tabulated by the Ministry of Education or the employment authorities of all provinces, municipalities and autonomous regions.

1. What are the targets of employment subsidies?

1. Families from urban and rural residents' minimum subsistence families, whose family members have a legal relationship of support, support and support with graduates;

2. Graduates hold the Certificate of Disabled Persons of the People's Republic of China;

3. Enjoying the national student loan subsidy;

4. Family members from poor disabled families, i.e., urban and rural residents with minimum living allowance or registered poor families, whose family members holding the Certificate of Disabled Persons of the People's Republic of China have a legal relationship of support, support and support with the graduates;

5. Identified by the county-level poverty alleviation department as a rural registered poor population, including graduates who have been lifted out of poverty during the poverty alleviation period;

6. With the approval of the county-level civil affairs department, those who enjoy the assistance and support treatment of persons living in extreme poverty, including adult orphans and graduates.

2. Application process for graduate employment subsidy:

1. Application. Eligible college graduates shall apply and fill in the "Real-name Registration Form for Unemployed College Graduates in Henan Province" carefully, truthfully and completely, and submit it to the public employment talent service institutions at or above the county level.

2. Accept the preliminary examination. Public employment talent service institutions at or above the county level shall promptly accept and conduct a preliminary review of those that meet the requirements and have complete application materials, and report to the local human resources and social security department for review after the preliminary review is completed.

3. Review and publicity. The department of human resources and social security shall review the application materials for job search and entrepreneurship subsidies that have been preliminarily reviewed by public employment talent service institutions. The list of college graduates who intend to enjoy subsidies for job hunting and entrepreneurship will be publicized for 5 working days.

4. Allocation of funds. After the publicity has no objection, the review materials will be submitted to the financial department at the same level, and the subsidy funds will be directly allocated to the personal social security card bank account of college graduates.

Legal basisLabor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Summary. Hello, I'm glad to answer for you, Dear, the fresh graduates have signed an employment agreement, and the status is still a fresh graduate.

Hello, I'm glad to answer for you, Dear, the fresh graduates have signed an employment agreement, and the status is still a fresh graduate.

The tripartite agreement is only an employment intention signed by the three parties, and is not a legal document of the labor relationship, and is not binding on the labor relationship. It should be noted that once the graduate reports to the unit and signs a labor contract with the unit or forms a de facto labor relationship, the graduate will form a formal labor relationship with the employer.

What are the circumstances of losing the status of a fresh graduate?

Therefore, it is not the employment agreement (tripartite agreement) that affects the status of graduates, but the signed labor contract and the payment of social security.

It is to sign a labor contract, pay social security, and lose the status of a fresh graduate.

Can I lose my status as a graduate only if I sign a labor contract and pay social security?

Yes dear.

After signing the employment agreement, as long as you have not graduated, you are still considered a fresh graduate.

If you have signed an employment agreement, but have not graduated and have not yet joined the company (without using a registration card), you are still counted as a fresh graduate, and you can also participate in campus recruitment, apply for civil service examinations, etc. However, it should be noted that if you breach the contract, you still have to bear the relevant risks such as paying liquidated damages.

If you have signed a labor contract, you will lose your status as a fresh graduate after paying social security; After the career selection period, regardless of whether you find a job or not, your status as a fresh graduate will become invalid. However, for the "second enrollment", that is, after passing the national unified entrance examination to obtain full-time college education (generally referring to graduate degrees), the payment of social security will be suspended during the enrollment period, and will still be regarded as fresh graduates when they graduate.

Classification of fresh graduates:

1. Fresh graduates of the current year: college students enrolled by the state in the last year of study, about to graduate but have not yet obtained the graduation certificate, in the state of internship or unemployed.

2. Fresh graduates in the career selection period (recruited by national civil servants or other clear instructions for fresh graduates): have obtained the graduation certificate, but the time to get the graduation certificate is within the career selection period.

To sum up, I hope it can help you if you are not a fresh graduate after signing an employment agreement.

Legal basis

Labor Law of the People's Republic of China

Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties.

A labor contract shall be concluded for the establishment of labor relations.

Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness, and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Article 19 A labor contract shall be concluded in writing and shall have the following provisions:

1) The term of the labor contract;

2) the content of the work;

3) Labor protection and working conditions;

4) remuneration for labor;

5) Labor discipline;

6) The conditions for the termination of the labor contract;

7) Violation of the labor contract is strictly responsible.

In addition to the necessary clauses stipulated in the preceding paragraph, the parties may negotiate and agree on other contents.

Fresh graduates are students who have graduated from college this year, and if you are looking for a job in your senior year, you are successful in taking the public examination, and you are participating as a fresh graduate when you start working after graduation. In July next year, the new class will graduate again, and whether you have a job or not, even if you don't do anything, you will not be a fresh graduate. I don't understand what your teacher means by the so-called affiliated unit.

If you want to enter the system after the calculation of seniority, then you go to the personnel management department to do personnel **, that is before you enter the system, if one day you are admitted, no matter how many years in between, you can count the length of service. However, if you enter a private enterprise, whether you pay five insurances and one housing fund or not, it is estimated that the length of service will not be calculated. For example, a law graduate who worked in a private law firm for five years after graduation was admitted to the civil service of the Public Prosecutor's Office, but those five years are not counted as years of service in the system.

The above is about signing a labor contract and not being a fresh graduate, how to distinguish it? I hope it helps. If you are unclear about the handling of the relevant situation, you can consult a lawyer to define.

Labor Contract Law of the People's Republic of China

Article 36.

The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

Labor Contract Law of the People's Republic of China

Article 37.

The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 A worker may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.