How can university graduates protect their rights and interests in the employment process?

In order to truly and effectively protect the employment rights and interests, graduates must firmly establish the following "five consciousnesses": legal awareness, contract awareness, rights protection awareness, evidence awareness, and integrity awareness.

The protection of the employment rights and interests of college students is a systematic project, and while we emphasize the creation of a good background and atmosphere from the legal and institutional level, we must also strengthen the guidance and education for the self-protection of the employment rights and interests of graduates, which must run through the entire university life of students and must be well reflected in the career planning education of the school.

It is an urgent task to build an effective protection system for the employment rights and interests of graduates and effectively safeguard the interests of multiple subjects, which is related to the establishment of harmonious employment relations and the stability of schools and society.

There are three ways to protect the employment rights of college students:

Based on his years of experience as a labor and employment legal consultant, the lawyer has provided four tips for graduates who are looking for jobs.

First, an agreement is not a substitute for a contract.

Fresh graduates of colleges and universities will sign a tripartite agreement with the school and the employer when they are employed, which is witnessed by the school, and the graduates and the employer sign an agreement of intent, which has legal effect, but it cannot replace the labor contract.

Graduates must sign a labor contract after they go to work at the employer. Legally, any employer that requires an employee to pay for him or her (to establish an employment relationship) must sign a formal employment contract, and failure to do so is an illegal act and will result in a fine from the labor inspectorate.

Second, the upper limit of liquidated damages should be agreed.

The liquidated damages in the tripartite agreement must be agreed upon by the graduate and the employer after negotiation, and the amount of liquidated damages must comply with the relevant regulations of the employer's location. At present, most parts of the country do not clearly stipulate the upper limit of liquidated damages, in which case the amount negotiated by both parties shall prevail. Graduates and employers can also agree on liquidated damages to deal with the employer's breach of contract, so as to protect their own rights and interests.

Since the two parties to the tripartite agreement are the employee and the employer, if the student wants to break the contract, unless there is a special agreement between the student and the school, then the school will not be able to collect liquidated damages from the student under normal circumstances.

3. Verbal commitments should be included in the remarks.

More than 90% of the tripartite agreements for graduate employment are blank. He said that due to the lack of social experience and legal knowledge, many graduates believe in some verbal promises from employers because they are eager to find employment, and often have disputes with employers after arriving at their posts.

Graduates must pay attention to make full use of the remarks column of the employment agreement, and try to clearly write the commitments of the unit, such as vacation, housing subsidy, settlement of household registration, insurance and other commitments, into the remarks column, so as to effectively protect their legitimate rights and interests.

The employment rights of college students refer to their right to freely choose their occupation and employment within the scope of the law and in accordance with the principle of fair competition, and enjoy the treatment and protection they deserve. This includes the following:

1.the right to freely choose one's occupation and place of employment;

2.the right to participate in all recruitment activities on an equal footing;

3.the right to fair and reasonable remuneration and benefits;

4.the right to on-the-job training and promotion opportunities;

5.The right to a guaranteed working environment, working conditions and social history.

These rights are the basic rights of college students, and they are also the obligations of the state and the society that are cautious and chaotic to college students.

How college students should protect their employment rights and interests is described as follows:

A black-proof intermediary. "Illegal intermediaries" refer to illegal agencies that charge high agency fees to job seekers in the name of job introduction, but find excuses to delay or directly fail to perform the contract. If you encounter such a situation in the course of applying for a job, you should immediately seek help from the local labor inspection department or public security organ and refuse to pay the relevant fees.

Second, anti-disorder charges. "Arbitrary fees" refers to the fact that employers or intermediaries collect registration fees, physical examination fees, training fees, deposits, job stability funds, data review fees, clothing fees and other fees in the name of employment, and then refuse to join the graduates or dismiss them halfway through the process for various reasons.

Article 9 of the Labor Contract Law stipulates that: "When an employer recruits a worker, it shall not seize the worker's resident identity card and other documents, and shall not require the worker to provide a guarantee or collect property from the worker in any other name." "Whenever you encounter such a situation in the course of applying for a job, you should be cautious and refuse to pay all kinds of illegal fees required before employment.

Three-proof training loan. "Training loan" refers to the fact that some institutions use high-paying employment as bait to promise graduates employment after training, but they must borrow money to pay for training. Individual company personnel even teach how to use loan software by hand.

Whenever you encounter such a situation in the job search, you must not rashly borrow money to pay the relevant fees, and verify the business registration, corporate credit and other information of the recruiting company.

Four-proof paid internship. "Paid internships" are when certain institutions promise graduates a high-paying internship in an industry, but the graduate is required to pay a fee for the service. Anyone who encounters such a situation in the job search does not believe the recruitment information without any requirements and the salary is abnormally high, and refuses to pay the relevant fees.

5. Prevent illegal pyramid schemes. "Illegal pyramid scheme" refers to the fact that the organizers of the liftoff seek illegal benefits by recruiting personnel and asking them to purchase goods. In some short platforms, there is a so-called "campus entrepreneurship", which attracts college students to pay to join, but it is actually a continuous development of the offline and charging fees.

Anyone who encounters an organizer in the job search who charges an entry fee and allows participants to get paid by developing people through layers should stay away immediately. If you find something suspicious or have been deceived, call the police on 110 immediately.

Job search security: Keep in mind the "three musts" secret.

First, it is necessary to enhance the awareness of job search security. Actively participate in the employment guidance and safety education courses organized by the school, enhance the awareness and ability to identify employment "traps", and do not take the so-called "shortcut to job hunting".

Second, we must use formal job search channels. Graduates can obtain employment information through formal channels such as campus recruitment of relevant national departments, localities and colleges and universities, such as the National College Student Employment Service Platform, University Employment**, and the National Employment Platform.

Third, it is necessary to use the law to protect employment rights and interests. Learn about the legal knowledge related to employment, and learn to use the law to protect their own rights and interests. If you do encounter an infringement of your lawful rights and interests in the course of your job search, you should actively collect and retain relevant evidence, and promptly seek help from the school or report the case to the public security organs.

How college students can protect their employment rights and interests is as follows:

1.The right to information on employment. Timely and comprehensive access to employment information that should be made public.

2.The right to receive employment guidance. Receive timely and effective career guidance and services from the state, society and schools.

4.Self-equal employment rights. Accept school recommendations on an equal footing, participate in recruitment on an equal footing, and recruit graduates fairly, impartially and equally.

5.Autonomy in employment choices. "Two-way choice, independent choice of employment".

6.The right to know about the choice of employment. The employer has the right to know the employer's qualifications, positions, working conditions, labor remuneration, rules and regulations, etc.

7.Claims for Breach of Contract. Once the tripartite agreement between the employer, the graduate and the school is signed, neither party shall break the contract or breach the contract without authorization.

5 laws and regulations related to the employment of university students.

The main laws and regulations related to the employment of university graduates are: Labor Law, Labor Contract Law, Employment Promotion Law, Labor Dispute Mediation and Arbitration Law, Interim Provisions on the Employment of Graduates of Ordinary Colleges and Universities, etc.

The "five consciousnesses" of self-protection of college students' employment rights and interests

College students should have the following awareness of law, contract, rights protection, evidence and integrity.

Autumn recruitment is coming, and there are six major traps to be wary of when applying for jobs.

3.Be wary of indiscriminate charges. Precautionary tips: There is no cost to apply for the job itself, and those who are short should be cautious about those recruitment interviews that pay the registration fee and training fee first.

4.Be wary of withholding documents. Precautionary tips: No unit or individual has the right to detain the original documents of others, job seekers should not deliver the original documents to others, and when they need to provide copies of documents or photocopies, they can indicate the specific purpose in an appropriate position.

Job seekers should enhance their awareness of identification and prevention, and before participating in training, they should see whether the training institution has training qualifications, and whether the promised salary is roughly the same as the salary level of the same position in the society.