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There is no need to pay liquidated damages, the liquidated damages stipulated in the tripartite agreement are not legally valid, you can rest assured, you can not go to that company.
Legal basis: If the employer provides special training expenses for the employee and provides him with professional and technical training, it may enter into an agreement with the employee to stipulate the service period. The employer and the employee may agree in the employment contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.
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Do not pay liquidated damages, the Labor Contract Law stipulates that the liquidated damages to be borne by the employee shall not be arbitrarily agreed.
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So how do you solve this problem? Did you pay a penalty?
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It can't be understood that way, but there is still a difference. The offer letter only indicates that the company has decided to hire you, and you have to sign a labor contract for what you do and what treatment you have. Frank Zheng.
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If the candidate asserts, the company may be held liable for contractual negligence and compensate the candidate for actual losses.
The legal nature of an offer letter (also known as an offer, offer letter, offer letter, offer letter, etc.) is not stipulated in the Employment Contract Law. However, legal theories tend to treat it mutatis mutandis with the "offer" document in the Unified Contract Law. Moreover, this view has been supported by existing arbitration or judgment of labor disputes.
Theoretically, if a company wants to withdraw an offer of employment, it must serve the candidate with a notice of withdrawal before the invitation reaches the candidate. However, since the invitation letter is issued before the notice of withdrawal, which is difficult to do in practice, and it is difficult to prove that it has been done, therefore, in practice, the letter of invitation to work has taken effect after it is issued, is legally binding on the enterprise, and cannot be withdrawn.
Therefore, in practice, after the employment invitation letter is issued, it will be legally binding on the enterprise, and the enterprise should sign a labor contract with the candidate, establish an employment relationship, and cannot refuse to be hired. Otherwise, the principle of good faith is violated, and the candidate needs to be compensated for the actual losses.
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If you refuse to hire you after the job offer is issued, there are no legal consequences for this situation!
It's equivalent to a successful interview, you don't go to work, and there are no legal consequences!
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You can apply for compensation, and if you can't negotiate well, you can even arbitrate. Generally, the offer of an enterprise must be reviewed by the legal personnel of the enterprise and signed and approved by the general manager, and it is first determined that the offer is legally valid, and as long as the employee agrees to and meets the constraints in the offer letter, the employer shall conclude a labor contract with the employee as scheduled in accordance with the content promised in the offer. If the employer violates the offer and fails to conclude the employment contract, it needs to bear the "liability for negligence in contracting".
After the offer is issued, the employer and the employer are still in the process of concluding the employment contract, and at this time, if the employee has made the necessary preparations and inputs for signing the employment contract on the basis of full trust in the employer, but finally fails to formally conclude the employment contract due to the fault of the employer, the employer shall be liable for compensation.
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There are no legal consequences.
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The acceptance letter is the acceptance letter.
The letter of acceptance usually refers to the letter issued by the unit with the right to accept personnel, agreeing to accept the graduate. It is a kind of personnel relationship transfer, and it is an extremely important personal personnel transfer procedure during the period of the planned economic system.
During the period of planned economy, units are divided into units with the right to receive personnel and units without the right to receive personnel, only units with the right to receive personnel can send a letter of acceptance, and units without the right to receive personnel are not allowed to send a letter of acceptance, and only the superior competent unit or the entrusted personnel department can send a letter (generally only party committee organs, units, public institutions and state-owned enterprises have the right to receive personnel).
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1. It is to jump your school's collective account to a social account.
2. At the same time, you can retain your "cadre status" and can be admitted to the civil service.
3. One year after the successful transfer, you will have seniority.
If you have a letter of acceptance from the employment unit, when you graduate, the school's graduation office will send your file to that unit or the local talent exchange center, and the hukou migration certificate and registration card will also be sent to the same city (please pay attention to bring your own), please go to that unit to report for employment in time Sign a labor contract and implement household registration and file management.
The school does not want to do bad things when it gets the acceptance letter, but it needs to be handed over to the career guidance center for statistics and report to the provincial education bureau.
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Letter of acceptance: that is, the new receiving unit agrees to accept and transfer the individual's subordinate personnel relationship from the original unit to the new unit.
The acceptance letter is a letter that transfers all the personnel relations (files, household registration, party organization relations, regimental relations, etc.) of the person to be transferred from a unit without a subordinate relationship to another unit with the right to receive personnel.
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The letter of acceptance refers to the letter issued by the unit with the right to accept the graduates, and it is also a proof that the new receiving unit agrees to accept and transfer the individual's subordinate personnel relationship from the original unit to the new unit.
And the letter of receipt is written in a specific format, usually each department has its own prescribed format to write, just like the documents issued by ** have an established format.
The role of the acceptance letter:
1. It is to jump the school's collective household registration into a social household registration.
2. At the same time, the "cadre status" is retained, and the civil servant can be examined.
3. One year after the successful transfer, there will be seniority since then.
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The role of the letter of acceptance:
1. It is to jump your school's collective account to a social account.
2. At the same time, you can retain your "cadre status" and can be admitted to the civil service.
3. One year after the successful transfer, you will have seniority.
Letter of acceptance of university graduates: a kind of transfer of personnel relations, an extremely important personal personnel transfer procedure during the period of the planned economic system. During the period of planned economy, units were divided into units with the right to receive personnel and units without the right to receive personnel, and only units with the right to receive personnel could issue letters of acceptance, and units without the right to receive personnel were not allowed to issue letters of acceptance.
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The role of the acceptance letter:
1. It is to jump the school's collective household registration into a social household registration.
2. At the same time, the "cadre status" is retained, and the civil servant can be examined.
3. One year after the successful transfer, there will be seniority since then.
The acceptance letter is a proof that the new receiving unit agrees to accept and transfers the individual's subordinate personnel relationship from the original unit to the new unit.
There is a discrepancy between the letter of adjustment and the letter of acceptance, the letter of acceptance is a letter of proof that the individual has agreed to receive personnel, while the letter of transfer is different, the letter of adjustment may not agree to receive the file and first adjust the file to be approved, verified, or reviewed, and the qualified party agrees to receive it after the review. To take the simplest example, nowadays for civil servants and graduate students, graduate students and civil servants are issued with transfer letters.
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The acceptance letter has the following functions:
1. It is to jump your school's collective account to a social account.
2. At the same time, you can retain your "cadre status" and can be admitted to the civil service.
3. One year after the successful transfer, you will have seniority.
The acceptance letter usually refers to the letter issued by the unit with the right to accept personnel, agreeing to accept graduates. The acceptance letter is a letter that transfers all the personnel relations (files, household registration, party organization relations, regimental relations, etc.) of the person to be transferred from a unit without a subordinate relationship to another unit with the right to receive personnel.
For college students who are about to graduate, the school will organize some recruitment activities, and after the interview of the unit, the student needs to sign a tripartite agreement with the school and the employment unit, and the student can get a letter of acceptance from the unit.
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The role of the letter of acceptance is that it is a kind of transfer of personnel relations, and it is an extremely important procedure for the transfer of personal personnel during the period of the planned economic system.
During the period of planned economy, units are divided into units with the right to receive personnel and units without the right to receive personnel, only units with the right to receive personnel can send a letter of acceptance, and units without the right to receive personnel are not allowed to send a letter of acceptance, and only the superior competent unit or the entrusted personnel department can send a letter (generally only party committee organs, units, public institutions and state-owned enterprises have the right to receive personnel).
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The role of the letter of acceptance:
1. Convert the school's collective household registration to a social household registration;
2. At the same time, the "cadre status" is retained, and the civil servant can be examined.
3. One year after the successful transfer, there will be seniority since then.
The letter of acceptance is the letter of transfer of all personnel relations (files, household registration, party organization relations, regimental relations, etc.) from a unit without affiliation to another unit with the right to receive personnel.
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The chapter is different, and the tripartite agreement is terminated. It's best to go back to school in the re-application for one. If there is a tripartite agreement, it will protect your own employment, household registration, insurance, provident fund and other issues.
If your employer's welfare is very good, it would be good to go to the school and reapply for a tripartite, and the school will not be difficult for students.
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Of course, it is an employment letter The tripartite agreement basically has no effect, just a proof, after signing the tripartite agreement, the school will not ask you to terminate the contract easily, in order to ensure the employment rate.
Of course, the offer letter shall prevail. All of this is subject to the letter of appointment. He is basically the Ministry of Education for the purpose of calculating the employment rate of students that year, and there is no practical legal significance! However, the basic benefits such as salary should be basically the same as on your employment letter.
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Please refer to the employment letter. The employment letter is a negotiation between the company and you to determine the employment contract relationship.
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What is this tripartite agreement of yours?
Is it a labor dispatch nature? Or is it a labor broker?
If there is another letter of employment, it is only necessary to add a sentence to the so-called tripartite agreement, which will list the letter of engagement as an annex to the tripartite agreement, and state that if there is any inconsistency in the content, the employment agreement shall prevail.
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Ask your teacher... College students just out of school, what problems do you have, teachers and schools will help you...