What should I do if I didn t sign an employment agreement after graduation?

The Employment Agreement is a tripartite agreement between the graduate, the employer and the school. According to the "Employment Agreement" signed by the graduate, the school dispatches the student's "Personnel File", "Registration Card" and "Hukou Migration Certificate" in the month of each year.

The transfer of the personnel file is based on the seal of the superior department stamped by the talent center in which the graduate signed the "Employment Agreement" and issued the "Employment Acceptance Letter", and the file is dispatched to the talent center.

Special reminder]: When signing the "Employment Agreement" in triplicate, be sure to keep one copy for yourself. In order to avoid knowing the whereabouts of your file and the basic information of your original employer when you have to make employment adjustments in the future.

Warm reminder] 1. It is best not to sign the employment agreement casually, because the transfer of files and household registration is dispatched according to the signed employment agreement. Extremely troublesome!

2. After graduation and signing the employment agreement, the school will transfer your file and household registration out of the school, and the distribution address is the file forwarding address on the employment agreement. The Hukou Migration Certificate (valid until December 31) needs to be settled in the designated police station, and if there is no contact with the designated police station, it means that the graduate is a black household and has no household registration in the public security system. It will cause you a lot of problems.

Such as: bank account opening, credit card application, ID card reissue, marriage registration, etc.

"58 Graduate Network" provides 2009 fresh graduates with "Employment Agreement" verification, "Personnel File" transfer, "Registration Card" and "Hukou Migration Certificate" reassignment procedures, social security payment, and settlement in Hangzhou procedures.

What to do with the file after graduation.

1. What will happen to the files?

1. You can stay in school, and the general school will keep your files for up to two years.

2. The school will send your file back to your hometown through the Education Bureau or the Personnel Bureau, at this time you can leave the file in the Education Bureau or the Personnel Bureau, but now you are generally required to put it in the local talent market, so that you have seniority in the talent market.

2. Can I hold the file by myself?

No. 1. After getting the file, you need to go to the receiving unit as soon as possible to handle the file, and you can't put it in your own hands for a long time.

2. If the file is blank for too long, it will become a dead file, and it needs to be re-filed, which is more troublesome.

3. Will there be any impact if I don't sign a visa?

1. In real life, college students often involve the signing of employment agreements after graduation, and many college students often do not sign employment agreements.

2. You can graduate without signing an employment agreement. The diploma is not linked to the employment agreement. The graduation certificate is a certificate obtained by the student after completing a certain stage of study, according to the results of the examination (examination), and has nothing to do with whether he or she is employed.

3. The employment agreement is used by the employer to determine the academic qualifications and the identity of the fresh graduates.

Legal analysis: If you do not sign an employment agreement, you will return to your place of origin.

Legal basis: Labor Law of the People's Republic of China

Article 16 A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.

Article 17 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

Whether it has been reported that an employment contract has been signed, or an employment agreement at the school.

In the case of an employment contract, there are two cases.

One is the custody of the archive company after the report. The other is that the company is not qualified to keep the file, which is archived by the local talent center.

In both cases, you need to find a place to receive the file elsewhere (it may be a company, it may be a talent center), issue a file transfer application, and take the application to the original file location to apply for file transfer.

If it is a more formal place, the file will be sent directly to the new receiving location. But nowadays, many of them are not formal, and they will give the file directly to you personally. After you get the file, you need to go to the receiving unit as soon as possible to handle the file, not to put it in your own hands for a long time, if the file is blank for too long, it will become a dead file, you need to re-file, very troublesome.

If it's an employment agreement signed at the school, it doesn't matter, if you don't go to the school, the file will not be transferred, and it will still be kept at the school. You only need to negotiate with the employer, and after the employer agrees, return the employment agreement in their hand to you, and then you take the employment agreement to the school and apply for a new employment agreement.

There are also a lot of situations when negotiating with the employer, I was the employer who had already changed the seal, and the school had not yet stamped the seal, so the agreement was in my own hands, so I directly scrapped it and went to the school to get a new one. If it has been sent to the employer, it will be more troublesome, and if you talk about it well, you will be repaid, and you may also be asked for liquidated damages. It mainly depends on how you write the agreement.

After reading your follow-up answers, if it is a breach of contract before graduation, the file will not be sent to the employer, and the file transfer will occur when you report. If there is a valid employment agreement upon graduation, the school will issue you a dispatch certificate and a hukou migration certificate. When you go to the employer, the employer will collect these two certificates and retrieve the files from the school with the dispatch certificate.

In other words, the employer will not be able to get your file without a dispatch certificate.