How to cleverly terminate the tripartite agreement, how to terminate the tripartite agreement

1. First of all, you should get in touch with the original unit, euphemistically explain the reasons for your breach of contract, and express your willingness to breach the contract.

Note: Generally, students reply by telephone, and it is suggested that you can take the method of email and telecommunication. Because the email can be used as documentary evidence, you have informed the original employer about the relevant situation. Keep evidence in case of a dispute.

2. Request a written letter of termination or breach of contract issued by the original contracting unit.

Note: Remember to be sure to stamp the official seal of the unit, because this is effective; In addition, because the original three parties may have agreed on liquidated damages, some companies will require you to pay liquidated damages before they are willing to give you a termination letter. At this time, you can directly pay the liquidated damages, obtain a termination letter, or "cry poor" and "pretend to be pitiful" to the original enterprise to reduce the liquidated damages or even not pay the liquidated damages.

In short, in this link, try your best to get the termination letter stamped with the official seal of the unit is the king!

3. Obtain a written letter of acceptance from the new unit.

Note: 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. Many students missed the signing of the new unit due to the delay of the original company and the refusal to give the letter of default. The written letter of acceptance of the new employer must also be stamped with the official seal of the unit, as this is valid.

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 a contract with the new unit, and then hand over the signed and stamped new third party to the school and college.

Note: It is best to check with the school carefully, and do not mistake the file and registration card for the original unit.

Supplement: 1. The tripartite agreement is the abbreviation of the "Employment Agreement for Graduates and Graduates of Ordinary Colleges and Universities", which is a written manifestation of the rights and obligations of graduates, employers and schools in the employment of graduates, and can solve a series of related issues such as household registration, files, insurance, and provident fund of fresh graduates.

2. The agreement shall be terminated after the graduates report to the unit (with the "National Employment Registration Certificate for Graduates of Ordinary Colleges and Universities" or the "National Graduate Registration Certificate") and the employer officially accepts it.

Legal analysis: The tripartite agreement shall be terminated in accordance with the following procedures: 1. Negotiate with the company that signed the tripartite agreement and ask the company to issue a written termination letter; 2. Submit an application to the school with the termination letter, the original employment agreement and other materials, write down the reason for the termination, and then hand it to the school's career guidance center after being signed by the relevant department; 3. Find a new unit, and the school will approve the new agreement; 4. After receiving the agreement, go to the school for filing.

Legal basis: Article 93 of the Contract Law of the People's Republic of China: The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the conditions under which one party may terminate the contract. If the conditions for rescission are fulfilled, the person with the right to terminate the contract may terminate the contract.

The details of the termination of the tripartite agreement are as follows:

1. The student directly communicates with the employer to terminate the contract, obtains the understanding of the employer, and the employer can terminate the contract by issuing a termination letter, or the agreement retained by the employer states that the agreement is terminated and stamped with the official seal.

2. After the student proposes to terminate the contract, the career center of the school will issue a termination letter from the original contracted enterprise or send back the tripartite agreement, cancel the old tripartite agreement, and give a new tripartite agreement, and the student can re-sign a new company.

In accordance with the provisions of the Labor Contract Law of the People's Republic of China.

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

Article 37 A worker may terminate a 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 An employee 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.

If an employer forces an employee to work by means of violence, threats, or illegal restriction of personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without need.

1. How to terminate the tripartite agreement.

1. The methods of terminating the tripartite agreement are as follows: 1. Send a notice of breach of contract to the company's personnel department; 2. Provide materials on the agreement of the relevant unit to terminate the contract; 3. On the premise of confirming that there is no error, you can terminate the relevant third-party agreement.

2. Legal basis: Article 3 of the Labor Contract Law of the People's Republic of China.

Basic Principles] 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 4. Rules and Regulations] Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss the absence of the employee at the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize the rules and regulations and decisions on major matters that directly affect the vital interests of the labor controller, or inform the employee.

2. What are the precautions for signing a third-party agreement?

1. The employment agreement shall be terminated after the graduates report to the unit and the employer officially accepts them;

2. When filling in the name of the employer, it is important to pay attention to whether it is consistent with the name on the valid seal of the employer, if not, the agreement is invalid;

3. The duration of the probationary period and the probationary period.

The three parties can terminate the agreement in the following ways:

1. The parties to the agreement agree to terminate the agreement;

2. If the reason for termination stipulated in the tripartite agreement occurs, the person with the right to terminate the agreement may terminate the agreement;

3. Under the circumstances prescribed by law, the parties may exercise the statutory right of rescission to terminate the agreement, and shall notify the other party in advance.

[Legal basis].

Article 562 of the Civil Code of the People's Republic of China.

The parties may terminate the contract by consensus.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563.

The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Legal analysis: The way to terminate the tripartite agreement is as follows: 1. The student directly communicates with the employer to terminate the contract, obtains the understanding of the employer, and the employer issues a termination letter to terminate the contract, or the agreement retained by the employer states that the agreement is terminated and stamped with the official seal; 2. After the student proposes to terminate the contract, the school's career center will issue a termination letter from the original contracted enterprise or send back the tripartite agreement, cancel the old tripartite agreement, and re-issue the new tripartite agreement, and the student can re-sign a new company.

Legal basis: Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation.