After signing the employment agreement, can I not sign the labor contract?

The employment agreement is a written contract formulated by the Department of Higher Education Students of the Ministry of Education and signed an employment agreement for college graduates in the employment process. Its content mainly reflects the situation and opinions of graduates, the situation and opinions of the employer and the opinions of the school, and the agreement only refers to a written contract for the student to work at the employer after graduation. The visa department for the graduate employment agreement is the personnel deployment department of the county and city at all levels.

A labor contract refers to an agreement between an employee and an employer, such as an enterprise, institution, etc., to establish an employment relationship and clarify the rights and obligations of both parties. The labor contract is concluded in writing in accordance with the provisions of the Labor Law, which stipulates the term of the contract, the content of the work, labor protection and working conditions, labor remuneration, labor discipline, contract termination and other terms, and is legally binding on both parties. The visa authority for labor contracts is the labor administrative departments at all levels.

The employment agreement only establishes the employment relationship between the graduate and the employer, and the employment contract further establishes the rights and obligations of both parties. Therefore, graduates should not think that everything will be fine if they sign an employment agreement with the employer, and should pay attention to signing the labor contract with the employer in time after registration. In order to clarify the rights and obligations of both parties, graduates can understand the content of the employment contract when signing the employment agreement, especially the terms of the length of service and treatment, and can also ask the recruiter for a sample or copy.

Before signing an employment contract with an employer, graduates should not ignore the signing of the employment agreement.

Of course, you don't need to sign an employment agreement to sign a labor contract directly.

The consequence of not signing the employment agreement is that the employer may refuse to accept the graduate because it cannot confirm whether the graduate's information is true and credible, which may affect the employment situation of the graduate. The employment agreement is an agreement between college graduates and employers to establish labor relations, which is essentially a special form of labor contract. After the employee is hired by the employer, both parties may stipulate a probationary period in the employment contract, which shall be included in the term of the employment contract, and the employment contract is a prerequisite for the existence of the probationary period.

It is not allowed to sign only a probationary contract without signing an employment contract.

Labor Contract Law of the People's Republic of China.

Article 19. Probationary period] If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same seller can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract. Article 16.

Effectiveness of Labor Contract] The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

Legal analysis: Graduates should make it clear that when the employer requests to terminate the labor contract, the burden of proof lies with the employer, and the employee does not need to provide proof that he meets the employment requirements. The employment agreement is a tripartite agreement, and if you don't go, the receiving unit will have liquidated damages.

If you don't go to the employment unit, you should keep track of your student files and don't lose them.

Legal basis: Article 25 of the Labor Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that the employee does not meet the employment requirements during the probationary period; (2) Seriously violating labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer; (4) They have been pursued for criminal responsibility in accordance with law.

You can not sign it. Principles for the signing of employment agreements.

1. The principle of subject legitimacy:

The parties to the employment agreement must have the legal qualifications of the subject.

For graduates, it is necessary to obtain graduation qualifications, and if the students do not obtain graduation qualifications at the time of dispatch, the employer can refuse to accept them without bearing legal liability. As far as the employer is concerned, the employer must have the ability to engage in various business or management activities, and the employer should have the plan and autonomy to hire graduates, otherwise the graduates can terminate the agreement without being liable for breach of contract.

2. Principle of equal consultation:

The parties to an employment agreement have equal legal status at the time of entering into the employment agreement, and one party may not impose his or her will on the other. Schools are also not allowed to use administrative means to require graduates to work in units designated by the distribution bureau (excluding graduates with special circumstances), and employers should not require graduates to pay excessively high amounts of risk money and security deposit when signing employment agreements. The rights and obligations of both parties should be identical.

In addition to the content of the agreement, if there are other agreed matters between the two parties, they can be in the agreement"Remarks"The content is supplemented and determined.

Sign note

1. If the graduate and the employer reach an agreement and sign and seal the employment agreement, the employer shall indicate the name and address of the graduate file that can be received on the agreement.

2. Approval and seal by the superior department of the employer.

3. The employer must send the agreement to the work department of the graduate within 10 working days from the date of signing the agreement with the graduate.

4. The graduate employment department shall fill in the column of "relevant information and opinions of the school" in the "basic information of Party B" in the agreement (or make a long seal and affix it), fill in the official seal of the employment department of the school, and feedback the agreement to the employer in a timely manner.

Legal analysis: If the employment agreement contains the necessary content of the employment contract, it can be recognized as an employment contract, and there is no need to sign another employment contract.

If the agreement lacks the necessary clauses, the employee can request a replacement of the employment contract. A written labor contract shall be signed within one month from the date of employment, and if the labor contract is not signed for more than one month, the employee may claim to pay double wages for more than one month but less than one year.

Legal basis: Labor Contract Law of the People's Republic of China

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 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Article 17 The following clauses shall be included in the labor contract:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

Do graduates need to sign a labor contract when they sign a tripartite agreement?

The employment agreement is not a labor contract, and the employer shall be required to sign a labor contract after the graduates register, clearly stipulating the probation period, working hours, work location, salary, rest and vacation, etc. If the labor contract is not signed for more than one month, the employer shall pay double the salary, and cannot refuse to pay it on the grounds that the employment agreement has been signed.

Individuals may not sign the contract, but it cannot guarantee that the employer fulfills its commitments as agreed, and it is difficult to protect the rights and interests of job seekers.

In the recruitment of units, some units think that they can not sign the labor contract after signing the employment agreement, or refuse to sign the labor contract because they have signed the employment agreement, which is illegal.

1. The tripartite agreement is limited to the contract signed between the fresh graduate and the proposed employer during the job search stage, and the effect is limited to before obtaining the graduation certificate;

2. The purpose of the tripartite agreement is to bind the fresh graduates to work in the proposed employer after graduation, and at the same time require the proposed employer to sign a labor contract with the graduate after graduation, so if the employer signs a formal labor contract with the fresh graduate, the validity of the tripartite agreement will be terminated naturally;

3. The breach of contract clauses that can be agreed in the formal labor contract are limited to the contracts involving confidentiality clauses and the setting of service periods, and liquidated damages shall not be set for the employee under any other circumstances. The breach clause of the tripartite agreement is only for the fresh graduates who have not joined the employer after graduation, and the basis required for the breach clause no longer exists after the formal employment contract is signed, so the breach of contract clause cannot be extended to the formal employment contract.

4. The tripartite agreement is a product of the transition period between the planned economy and the market economy, and there is no precise law on the tripartite agreement, but after the formal work, you can refer to the "Labor Law", "Labor Contract Law" and other relevant labor laws and regulations.

National Employment Agreement for Graduates of Ordinary Colleges and Universities, referred to as "Employment Agreement" or "Tripartite Agreement". It is an agreement signed through negotiation to clarify the rights and obligations of graduates, employers, and graduates' schools in the employment of graduates. The agreement is also the basis for the school to send graduates, and before the students graduate and leave the school, the school will issue the graduate employment registration certificate and household registration migration certificate according to the content of the agreement, and at the same time transfer the student file.

If the graduate does not sign an employment agreement, the school will transfer the relationship and file back to the place of origin. Each graduate has a unique numbering agreement (in triplicate), which is managed by numbering. The tripartite agreement will be terminated upon the graduate's report to the employer.

It is enough for graduates to sign a tripartite agreement, and after graduates get their graduation certificates, if they want to continue to work in the unit, they need to sign a labor contract with the unit. For graduates, when they sign the tripartite agreement, they are not clear about the specific content and cannot solve the problem, they should find a professional lawyer to help you.

The Civil Code will come into force on January 1, 2021, and the Marriage Law, Inheritance Law, General Principles of the Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law, and General Provisions of the Civil Law will be repealed at the same time. If you are involved in other issues under the Civil Code