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Do you have to sign it?
In today's society, the agreement plays an increasingly important role, and the agreement plays a positive role in the performance of the affairs of both parties. Do you know the format of the agreement? The following is whether the tripartite employment agreement for college students must be signed, welcome to read, I hope you can like it.
Do college students have to sign a tripartite employment agreement?
Recent college graduates.
It is not mandatory to sign an employment agreement. Some schools will provide tripartite agreements, but their main purpose is to calculate the employment rate of students, as well as to carry out the transfer of student files after graduation and the issuance of dispatch certificates.
If the school requires the student to sign a tripartite agreement, and the student has not yet found a place of employment, the student can transfer the file to the place (usually the place of origin or household registration).
The signing of the tripartite agreement is not equivalent to a labor contract, but a "letter of intent for employment", so it does not affect the future job search. Therefore, there is no provision that requires fresh graduates to sign an employment agreement or employment contract.
Principles for the conclusion of employment agreements
1. The principle of subject legitimacy: deficit.
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 right to hire graduates and hire students, 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 designated units (excluding graduates with special circumstances), and employers should not require graduates to pay excessively high amounts of risk money or security deposits 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.
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Graduates sign a tripartite agreement.
It refers to the signing of the employment agreement for graduates of ordinary colleges and universities in China.
1. Tripartite agreement:
The tripartite agreement is the abbreviation of the "National Agreement on the Employment of Graduates of Ordinary Colleges and Universities". It is a written expression that clarifies the rights and obligations of graduates, employers, and schools in the employment of graduates, and can solve the problem of fresh graduates.
A series of related issues such as household registration, files, smart search insurance, provident fund, etc. The agreement will be terminated after the graduate's pants are reported to the unit and the employer officially accepts it.
2. The role of the tripartite agreement:
The tripartite agreement is an agreement signed by the school, the student and the employer on the implementation of the employment of graduates after leaving school. The school will issue a certificate of registration (registration card, which is the calculation of personal length of service) according to the tripartite agreement.
At the same time, it also has the identity of a cadre.
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Summary. Whether college graduates need to sign a tripartite agreement depends on the specific employment situation and the requirements of the employer. In some employers, the signing of a tripartite agreement is a common form of employment contract, which is used to clarify the rights and obligations between the employer, the employee and the internship unit, and to protect the legitimate rights and interests of the employer and the employee.
Therefore, if the employer you are applying for requires a tripartite agreement, then you need to sign it according to the actual situation. It is worth noting that when signing a tripartite agreement, you need to carefully read the content of the agreement to ensure that your rights and interests are not infringed. If you have any questions about the specific terms of the agreement, you can communicate with the employer and the internship unit to clarify your rights and obligations.
At the same time, if there are illegal or infringing terms in the agreement, you can also refuse to sign the agreement and choose other employment opportunities.
Whether college graduates need to sign a tripartite agreement depends on the specific employment situation and the requirements of the employer. In some employers, the signing of a tripartite agreement is a common form of employment contract, which is used to clarify the rights and obligations between the employer, the employee and the internship unit, and to protect the legitimate rights and interests of the employer and the employee. Therefore, if the employer you are applying for requires a tripartite agreement, then you need to sign it according to the actual situation.
It is worth noting that when signing a tripartite agreement, you need to carefully read the content of the agreement to ensure that your rights and interests are not infringed. If you have any questions about the specific terms of the agreement, you can communicate with the employer and the internship unit to clarify your rights and obligations. At the same time, if there are illegal or illegal provisions in the agreement, you can also refuse to sign the agreement and choose other employment opportunities.
Do you want to sign a tripartite agreement when the internship period is about to end?
If your internship is coming to an end, you need to consider whether to sign a tripartite agreement based on the actual situation. Generally speaking, the signing of a tripartite agreement is a common form of employment contract to clarify the rights and interests of the employer, the employee and the intern to protect the interests of all parties. If your internship requires you to sign a tripartite agreement, you need to read the agreement carefully to ensure that your rights and interests are not infringed.
At the same time, if you perform well during the internship and the internship unit wants to retain you, then you can negotiate with the internship company to sign a long-term employment contract, rather than just a tripartite agreement. If you don't want to be retained or the internship unit has no intention of retaining you, then you can communicate with the internship unit to clarify the departure time and resignation procedures after the internship period. At the end of the internship period, you need to submit a written resignation application to the internship unit and complete the resignation procedures.
In short, the signing of the tripartite agreement and the resignation process need to be handled on a case-by-case basis, and you need to carefully consider your own interests and the requirements of the internship unit, and reasonably handle the relationship between all parties.
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Graduates are not required to sign a tripartite agreement. If you are self-employed and do not choose to sign an employment agreement with any company, you do not need to sign a tripartite agreement. A tripartite employment agreement is different from an employment contract.
The tripartite employment agreement is uniformly printed by the Ministry of Education of the People's Republic of China, mainly to clarify the basic information and requirements of the three parties.
Article 585 of the Civil Code Law The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the calculation of the amount of compensation for losses arising from Yuling's breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform the debt after paying the liquidated damages.
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