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How to talk about this situation, I will tell you about the situation
Situation one, you don't have to pay, because you can modify your file directly from the counselor teacher, and he can't control you, but for the reputation of the school, it is recommended that you ask the counselor teacher to give the other party a ** to explain the situation, and if the other party agrees, he will not ask you for liquidated damages.
Situation two, you don't have to pay, you don't let the counselor teacher give you a ** to explain to the company, you go and say it yourself, see what the other party's reaction is, and suggest that you get together and disperse, but one thing you must know is that for students who are admitted to graduate school, the tripartite agreement is not needed. Hehe, I don't know if you understand.
Situation three, you don't have to pay it, and you get yellow with the unit, of course, this is the worst result.
In the fourth case, if you have a responsible conscience, you can hand it over to the unit.
To summarize the above statements, you can completely do not pay liquidated damages...
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No, the postgraduate entrance examination and the civil service examination are not considered a breach of contract.
You just need to talk to the company, and if it's really wordy, let the counselor talk to him.
Employment agreements are useless. The contract is formal.
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It doesn't seem to have this rule, but you can discuss it with the unit, and let's negotiate together to see if you can not pay liquidated damages, or pay a little less!
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There is no such provision in the State.
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If you sign the agreement by yourself, you write "If you breach the contract due to the postgraduate entrance examination, you need to pay it."Liquidated damages。If it is not specified, it is not counted.
1. Precautions for work
(1) Separate work and life. One of the things to keep in mind when working in the workplace is to separate work and life. The workplace is where you work, and work can show the value of your life.
Work can also make you happier. So when you are working, you have to work hard
(2) Do not abuse your work authority. The second thing to do in the workplace is not to abuse your job authority. As a workplace person, you must be cautious about the power in your hands, and you must not abuse your work power at will, because if you abuse your power, you may violate the law and damage your reputation, so it is really not worth it.
Second, the significance of the postgraduate entrance examination
(1) Choosing to go to graduate school means choosing a not too leisurely lifestyle. The best and most precious youth time in my life is to squeeze the single-plank bridge for the graduate school entrance examination, and then experience three years or more of study life. Others can use the most precious time of their lives to earn income, acquire skills, learn about society, and savor life.
(2) The purpose of the postgraduate entrance examination is to seek greater and better development space. With the advent of the era of knowledge economy, it has only become the primary productive force, and education itself is a kind of input and a kind of productive force. More education means more income, more interesting careers, and a better life.
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No, there is no need to pay liquidated damages. This was the case for me in '08, and I signed the agreement and was admitted to graduate school. When you receive a letter of transfer from the school where you are studying in graduate school, and submit it directly to the school, the school will send your file to the school where you are studying in graduate school, and the employment agreement you signed before is useless.
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In my country, if you join the army after signing an employment agreement, the agreement will automatically become invalid, and you can inform the employer that you have joined the army and ask him to fulfill the termination agreement. If the postgraduate entrance examination is 5 like re-signing the agreement, unless it is clearly written in the previously signed agreement that "if the postgraduate examination is successful, the agreement will be invalid", if this article is not indicated, you still have to take the initiative to apply to the employer for termination, if the negotiation has not been successful for many times, then you can only compensate for liquidated damages in accordance with the agreement, but the general employer will not let you give, the key depends on your procedures and attitude to deal with the termination. Well said, everything is easy to do.
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Summary. Hello dear! I'm glad to answer for you, dear and kiss will not breach the contract, and if you sign a tripartite agreement, you won't be in breach of contract.
If the candidate successfully passes the postgraduate examination after signing the employment agreement, the tripartite agreement will be automatically invalidated, and the employer shall not charge any liquidated damages to the student for the reason that the student is admitted to the postgraduate examination. Therefore, if the candidate signs a tripartite agreement but successfully passes the postgraduate examination, as long as he explains the situation to the company, the company will not embarrass the graduates, and the graduates do not have to worry, and they will need to pay high liquidated damages.
Hello dear! I'm glad to answer for you, dear and kiss will not breach the contract, and if you sign a tripartite agreement, you won't be in breach of contract. If the candidate successfully passes the postgraduate examination at the same time after signing the employment agreement, the tripartite agreement will be automatically invalidated, and the employer shall not charge any liquidated damages to the student because of the student's admission to the graduate school.
Therefore, if the candidate signs a tripartite agreement but successfully passes the postgraduate examination, as long as he explains the situation to the company, the company will not embarrass the graduates, and the graduates do not have to worry about being rough, and they will need to pay high liquidated damages.
After signing the tripartite agreement and being admitted to the graduate school, the general situation is not considered to be in breach of contract, and the tripartite agreement states that if the tripartite agreement is admitted to the graduate school, the tripartite agreement will be automatically cancelled, and the tripartite agreement is not a labor contract, and if there is no provision, there is no need to pay the fee for breach of contract. Signing a third-party agreement refers to the employment agreement signed between Li Traveler's unit, the student himself, and the school in accordance with the law to stipulate the student's graduation destination. It stipulates the rights and obligations of fresh graduates, employers and schools in the employment process of graduates, and is one of the practical ways to solve the employment difficulties, so it is referred to as the tripartite agreement.
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Legal Analysis]: After the undergraduate student signs the tripartite agreement and is admitted to the graduate school, he will go to school directly, which will not involve the issue of violating the contract fee, but there will be a breach of contract. If you do not want to breach the contract, you can terminate the agreement by notifying the contracting company in writing 30 days in advance.
Labor contract, also known as labor contract, labor agreement. The labor contract is the basic legal form for adjusting the labor relationship, and it is also the basic premise for establishing the labor relationship between the employee and the employer, and occupies a core position in the labor law.
Based on the contract term, labor contracts can be divided into three categories: fixed-term labor contracts, indefinite-term labor contracts, and labor contracts with a term of completion of certain work tasks. The term of the labor contract refers to the effective time of the labor contract, the time when the labor contract entered into by both parties begins and ends, and the time when the labor relationship is legally binding.
Fixed-term employment contracts (also known as fixed-term employment contracts). A fixed-term labor contract refers to an employment contract in which the employer and the employee agree on the termination time of the contract. The employer and the employee may enter into a fixed-term labor contract if they reach an agreement through consultation.
When a fixed-term employment contract is terminated, it is largely up to the employer whether to renew it. Signing a fixed-term labor contract can provide employers with employment flexibility and reduce labor costs, but workers have a poor sense of career stability. An indefinite-term employment contract (also known as an indefinite employment contract) refers to an employment contract in which the employer and the employee agree on an indefinite termination time.
The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. An employment contract with a term of completion of a certain work taskA labor contract with a term of completion of a certain work task refers to an employment contract in which the employer and the employee agree that the completion of a certain task shall be the term of the contract. The employer and the employee may conclude a labor contract with a term of completion of a certain work task if they reach an agreement through consultation.
This type of contract is actually a fixed-term labor contract, and the legal basis is Article 37 of the Labor Contract Law of the People's Republic of China An 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.
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There is no need to pay liquidated damages, because if there is no special training provided by the employer and the agreed service period, the employee does not need to bear the liability for breach of contract. There are only two types of liquidated damages stipulated in the Labor Contract Law, namely, liquidated damages for breach of service period and liquidated damages for breach of non-compete obligations.
1. Is there any penalty for breach of the tripartite agreement?
There is no need to pay liquidated damages, because if there is no special training provided by the employer and the agreed service period, the employee does not need to bear the liability for breach of contract. There are only two types of liquidated damages stipulated in the Labor Contract Law, namely, liquidated damages for breach of service period and liquidated damages for breach of non-compete obligations.
For individuals, after signing a tripartite agreement and signing a labor contract with the employment unit with the registration card, the length of service will be calculated, and the employment unit can pay various insurances to the individual and settle down in the local area of the employment unit. As far as the receiving entity is concerned, the tripartite agreement between the enterprise and the individual means that the graduate file can be received and the above rights of the student are protected.
According to the Labor Contract Law, such liquidated damages are only reasonable in two cases, otherwise the law will not support them
1. The company does spend a considerable amount of training expenses, which requires the company to issue invoices or financial certificates.
2. It involves competition.
Therefore, if the company has not been trained, then it is unreasonable, the law does not support the liquidated damages, and the labor arbitration of the labor bureau where the company is located can protect its own rights and interests.
The tripartite agreement shall be terminated after the graduates report to the employer and the employer officially accepts the graduates.
The so-called tripartite agreement of Mingyuan is actually the abbreviation of the "National Employment Agreement for Graduates of Ordinary Colleges and Universities", which is an agreement signed by fresh graduates when they are employed for the first time, and is signed by the students themselves, the school and the employer. The tripartite agreement will be terminated after the graduates report to the employer and the employer formally accepts the graduates, and then the employer will sign a formal labor contract with the graduates. Once the employment contract is signed, the validity of the employment agreement will be lost, and if the employment contract contradicts the content of the tripartite agreement, the employment contract shall prevail.
In the law, as long as you destroy the agreement of the third party, you will be punished by the relevant departments, but the most important thing is that you need to deal with it reasonably in combination with the actual situation, because it is a student, there will be specific provisions in the relevant agreement, because it involves your own further education, as long as your own conditions are met, there will be no more difficulties in general.
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Summary. Hello dear, the tripartite agreement for admission to graduate school is not a breach of contract, and the tripartite agreement for admission to graduate school refers to the agreement signed by the candidate and the admitted university and training school. This generally involves training schools providing tutoring and other services to candidates after they are admitted to colleges and universities, and candidates need to pay a certain fee.
Hello dear, the tripartite agreement for admission to graduate school is not a breach of contract, and the tripartite agreement for admission to graduate school refers to the agreement signed between the candidate and the admitted university and training school. Sakura mill generally involves training schools to provide services such as tutoring for candidates after they are admitted to colleges and universities, and candidates need to pay a certain fee.
If a candidate breaches the contract after signing the tripartite agreement, such as failing to participate in the training and imitation section cave training in accordance with the agreement or failing to pay the fee on time to prepare for the dry period, the act may be deemed to be a breach of contract. According to the provisions of the Contract Law, any party who breaches the contract shall bear the corresponding liability for breach of contract, so candidates need to bear legal responsibility for their breach of contract.
Hello dear!
If the content of the agreement violates the provisions of national laws and regulations or there are unreasonable terms, then the agreement is invalid, and neither party shall be liable for breach of contract.
Is there any national policy that employers are not allowed to charge liquidated damages for students who are admitted to graduate school?
Hello dear, in accordance with the Regulations of the People's Republic of China on the Recruitment of Staff and the Interim Measures for the Administration of Employment of Graduates of Colleges and Universities, employers shall not charge candidates any form of recruitment fees, including liquidated damages. The main reason for these troubles is that the recruitment costs are borne by the employer, not the job seeker.
is to sign a tripartite agreement and be admitted to graduate school, is this considered a breach of contract, and you need to pay liquidated damages? There are no national policies and regulations, and employers are not allowed to charge liquidated damages for students who are admitted to graduate school.
If there is no agreement on the terms of the postgraduate entrance examination when signing the tripartite agreement, then you do not need to pay liquidated damages. Moreover, at present, the state does not explicitly stipulate that the employer may not collect liquidated damages from students who are admitted to graduate school, so if the two parties do not reach an agreement in the agreement, the employer has the right to collect liquidated damages in accordance with the agreement.
At present, China has not yet promulgated a policy that clearly stipulates that employers shall not indiscriminately collect pre-contract fees from students who are admitted to graduate school. Therefore, the validity of the content of the agreement between the employer and the employee shall be determined in accordance with the relevant provisions of the Labor Contract Law and the regulations of the local labor and social security authorities. If the content of the relevant agreement has not been reviewed by the local labor and social security department, the agreement is not legally binding on the employees of the company.
If the tripartite agreement is successful and the contract is broken and liquidated damages are paid, are there any relevant specific national policies and regulations?
The law does not specifically address this situation, so if either party breaks the contract, is it necessary to pay liquidated damages?
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Take the agreement to the labor arbitration commission, and if it doesn't work, you will sue.