The fresh graduate signed a tripartite agreement and wanted to break the contract and asked for help

1 No, no matter what job you look for in the future, the employer will give you three employment agreements, which the employer will sign with you (Party A and Party B). The school's employment agreement is nothing more than something that counts the employment rate.

2. You can not pay it. Many of our classmates signed the employment agreement and handed it in, and then said hello to the unit on the agreement and didn't go to work, as long as you negotiated with others, it was nothing if the negotiation failed, and the school didn't have so much effort to investigate and investigate this kind of problem.

3 I graduated in 10 years, and the agreement at that time was stamped by the unit casually, and a copy was handed in, and the rest was useless in my hands and thrown away.

A1; If you don't sign the agreement, the school will send the file according to the place on the employment agreement, and the dispatch card must be the unit on the agreement. A2; If you have a good relationship with the unit, you don't have to pay it, this is the money you accompany to that unit, and you must accompany the money normally. The employment agreement is not expensive, and some schools don't need money, but you can buy it by going to the Talent Employment Management Center (talent market).

I went to Nanjing Metro after graduation, a classmate's family is very awesome, and he said he wouldn't do it after signing, but no matter how awesome you are, liquidated damages must be paid, and you can't start this!! And you said that the school doesn't have that thing, and he wants to accept you to the Education Bureau, and they will apologize to you.

Fresh graduates can break the tripartite agreement after signing the contract as follows:

1. Employers spend manpower, material and financial resources to participate in talent exchange meetings. and did a lot of work. Consider and arrange the post-work of the staff. Once the contract is breached, all the work is in vain, and they have to start anew, resulting in passive work;

2. Employers often regard graduates' violation of the contract as lax management of the school, which affects the long-term cooperative relationship between the school and the employer. They may not go to the school in the future to select graduates due to suspicion of the school;

3. Influence other graduates.

Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

The methods for breaking the tripartite agreement after signing the tripartite agreement are as follows:

1. Report to the unit that signed the tripartite agreement, and resign after signing the labor contract. Workers have the right to freely choose their work. If the employer does not reply to the agitation, it will be deemed valid, and then apply for an unemployment certificate and work in the unit you want to go to;

2. In addition to bearing the liability for breach of contract and paying liquidated damages, graduates who breach the contract will often cause other adverse consequences. When the party of Mingqin does not perform the obligations of the Shouyu contract or the performance of the contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

1. Report to the unit that has signed the tripartite agreement, resign after signing the labor contract, the worker has the right to choose his job freely, and the employer will be deemed valid after one month if the employer does not reply, and then apply for an unemployment certificate, and then go to the unit you want to go to for re-employment. 2. In addition to the liability for breach of contract and the payment of liquidated damages, the graduates who breach the contract will often cause other adverse consequences, which are mainly manifested in: (1) The employer spends manpower, material and financial resources, participates in the talent exchange meeting, etc., and does a lot of work, and the later work of the hired personnel has been considered and arranged.

2) Employers often regard the default of graduates as a sign of lax management of the school, which affects the long-term cooperative relationship between the school and the employer, and may not select graduates from the school in the future due to suspicion of the school. (3) Have an impact on other graduates.

Legal basis

According to Article 577 of the Civil Code, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

You can first try to communicate and negotiate with the employer to reduce or reduce part of the liquidated damages or even not to pay compensation. Then urge the other party to transfer the files and other materials back to the school as soon as possible, so as to facilitate the work of ICBC, and deal with the reassignment and other matters in a timely manner, so as to minimize their losses.

In case of breach of contract, the employer must bear the liability for breach of contract, and the contract can only be re-signed after obtaining the consent of the employer and paying the liquidated damages. When re-signing the contract, you must complete the termination procedures with the original contractor, and then return the original agreement to the Enrollment and Employment Office in exchange for a new agreement. The operation process is as follows:

Apply to the original employer. After obtaining the consent of the employer through negotiation, the employer shall issue a letter agreeing to terminate the tripartite agreement.

Submit an application for the new tripartite agreement to the school's career guidance center with the letter provided by the employer.

The Career Center of the University will review the submitted materials and agree to terminate the tripartite agreement and issue a new tripartite agreement to the fresh graduates if they meet the relevant regulations.

Legal analysis: Graduates breach of contract, in addition to the breach of contract by graduates, in addition to the liability for breach of contract and payment of liquidated damages, often will cause other adverse consequences, mainly manifested in: (1) the employer spends manpower, material and financial resources, participates in talent exchange meetings, etc., and does a lot of work, and the later work of the hirer has been considered and arranged.

2) Units often regard the default of graduates as lax management of the school, which affects the long-term cooperative relationship between the school and the employer, and may not select graduates in the school in the future due to suspicion of the school. (3) Have an impact on other graduates.

Legal basis: Article 577 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform the obligations of the contract or the performance of the contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking measures to compensate for the disruption, or compensating for losses.