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The issues that college students should pay attention to when signing an employment agreement are:
After signing the employment agreement, you must sign an employment contract. A formal employment contract may be signed before the student graduates, or it may be signed immediately after graduation. The General Employment Agreement will also terminate when the employment contract comes into force.
The employment contract shall have the following clauses:
1.The name, domicile and legal representative or principal responsible person of the employer;
2.The worker's name, address, resident ID card or other valid ID number, etc.;
3.the duration of the employment contract;
4.the content of the work and the place of work;
5.working hours, rest and vacation, and other matters that should be included in the labor contract as stipulated by laws and regulations;
6.Remuneration for labor. In addition to the necessary clauses stipulated in the preceding paragraph, the labor contract;
7.Social insurance;
8.labor protection, training, confidentiality;
9.According to the law, the employer and the employee may agree on a probationary period.
Legal basis: According to the provisions of the Labor Contract Law, the necessary provisions of the labor contract mainly include: (1) the name, domicile and legal representative or main person in charge of the employer; (2) The worker's name, address, and 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 provided by laws and regulations.
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First, before signing the agreement, graduates must have a comprehensive understanding of the relevant situation of the employer. Second, graduates are required to follow the normal procedures when signing a contract. Third, when signing the agreement, you must fill in the content of the agreement carefully and truthfully.
Fourth, graduates should also consider the protection of their own rights and interests when signing contracts. Fifth, graduates must pay attention to the reasonableness of the terms when signing the contract. Sixth, neither the graduate nor the employer may unilaterally delay the signing cycle.
Seventh, after signing the employment agreement, you must sign the labor contract.
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What should graduates pay attention to when signing labor contracts?
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If the graduate and the employer reach an agreement and sign and seal the employment agreement, the employer shall indicate on the agreement the name and address of the graduate file that can be received.
The employer shall approve and seal the approval of the competent department at the higher level.
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.
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), affix the official seal of the employment department of the school, and feedback the agreement to the employer in a timely manner.
As far as employers are concerned, employers often do a lot of work to hire a graduate, and some even have arrangements for the specific work that the graduate will do. At the same time, the employment and working hours of graduates are relatively concentrated, and once the graduates default for some reason, it will inevitably make the employer's recruitment work go to waste. As a result, the employer will be passive in its work.
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First, it depends on whether the name of the employer filled in is consistent with the name of the valid seal of the unit.
Second, foreign joint ventures and private enterprises generally adopt a probationary period, which can range from 1 to 3 months depending on the length of the contract period, and the probationary period is usually three months and shall not exceed six months.
Thirdly, some units will bind students with high liquidated damages.
Students should strive to minimize the liquidated damages in the negotiation, usually the liquidated damages shall not exceed 5,000 yuan.
Fourth, in order to increase their own employment rate, many colleges and universities force students to find acquaintances and insist on false agreements, which is detrimental to graduates and should not give in.
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The precautions for graduates to sign an employment agreement are as follows:First, before signing the agreement, graduates must have a comprehensive understanding of the relevant situation of the employer. For example, the development trend of the enterprise, the nature of the position recruited by the enterprise, the employee training system of the enterprise, the treatment status, the welfare program and other series of content, not only to grasp the information, but also to conduct on-site investigations.
And it is also necessary to focus on understanding the personnel situation of the unit and whether the company has the right to accept fresh graduates.
The second source state is to follow the normal procedures when signing the contract. Graduates should go to the department with the acceptance letter of the employer to receive the employment agreement, and the graduates and departments will sign the agreement and then submit it to the employer, and then hand it over to the school after the employer signs the opinion, and the school will sign it and include it in the employment plan, and the agreement will take effect. In order to save trouble, some graduates ask the school to sign the opinion first, but in doing so, the school cannot play the role of supervision and fairness, and the most likely victim will be the graduate himself.
The role of employment agreementsThe employment agreement is used as a basis for the development of employment plans and assignments for graduates. After the supply and demand meet and two-way selection, the graduates, the employer and the institution of higher learning shall sign a graduate employment agreement; Without the consent of the school, the agreement signed by the graduate is invalid.
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First, before signing the agreement, graduates must have a full understanding of the relevant situation of the unit. For example, the development trend of the enterprise, the nature of the position recruited by the enterprise, the training system of the enterprise, the treatment status, the welfare items and other series of content, not only to grasp the information, but also to conduct on-the-spot investigations. In addition, it is also necessary to focus on understanding the situation of the unit and whether the enterprise has the right to accept fresh graduates.
First, graduation should be carried out in accordance with the normal procedures when signing the contract. Graduates should receive the employment agreement from the department with the letter of acceptance from the unit, and the graduation and department should sign the agreement and then submit it to the unit, and then hand it over to the school after signing the opinion, and the school will sign the employment plan and the agreement will be valid. In order to save trouble, some schools are required to sign opinions first, but in doing so, the school law will play a supervisory and fair role, and the most likely victim will be the graduation book.
Third, when signing the agreement, it is necessary to fill in the content of the agreement carefully and truthfully. If you apply for research or plan to go abroad, you should explain it to the unit in advance and indicate it in the agreement. In the past, some graduates concealed these information from their employers, and were later dealt with in breach of contract.
Fourth, the protection of rights and interests should also be considered when signing a contract after graduation. The agreement has a two-way agreement, and if there is a part of the mutual commitment between the two parties, it must be explained in the agreement or supplementary agreement. The amount of breach of contract may be specified in the employment agreement, which is limited to 12 total assets according to the current labour regulations.
Fifth, when signing a contract, we must pay attention to the reasonableness of the terms. China's labor law clearly stipulates that a unit may not charge a registration fee, training fee, deposit, guarantee, etc., to graduates for any reason, and use this as a condition for deciding whether or not to be hired.
Sixth, neither graduation nor employer should delay the signing cycle. If you are hesitant to encounter problems after graduation, it is best to consult the person in charge of the employment department of the school in time to seek relevant opinions and guidance.
Seventh, after signing the employment agreement, the labor contract must be signed. A formal employment contract may be signed before graduation and valid after graduation, or it may be signed and effective immediately after graduation. The general employment agreement will also expire when the employment contract is valid
Before signing an employment contract, be sure to read the content clearly.
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