Seek all the provisions of China s labor law on the employment agreement and contract of college gra

It's so detailed, I'll read it again tomorrow! Great Dongdong!

Legal analysis: Fresh graduates can sign labor contracts directly, but most companies will sign them after fresh graduates get their graduation certificates. Therefore, the formal establishment of the employment contract relationship is to establish a genuine employment contract relationship with the employer from the time of actually leaving the school.

Legal basis: Labor Contract Law of the People's Republic of China Article 38 An employee may terminate a labor contract if the employer falls under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to work in a risky morning hall and endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.

Legal analysis: The relationship between the employment agreement and the signing of the labor contract is the specific embodiment of the employment agreement and the distribution of graduates, and the labor contract is the labor relationship established between the worker and the employer. There are three parties to the employment agreement, and the two parties to the labor contract.

An employment agreement is a no-name contract, and an employment contract is a no-name contract.

Legal basis: prudent.

Article 7 of the Labor Contract Law of the People's Republic of China The employer shall establish an employment relationship with the employee from the date of employment. The employer shall establish a roster of employees for future reference.

The relationship between the graduate employment association and the labor contract is as follows:

1. Basic concepts.

A tripartite employment agreement is different from an employment contract. First of all, the tripartite employment agreement is uniformly printed by the Ministry of Education, mainly to clarify the basic information and requirements of the three parties. The Tripartite Employment Agreement is formulated in accordance with the national regulations and regulations on the employment of college graduates, and is valid for:

The period from the date of signing the contract to the time when the graduate reports to the employer.

However, the employment contract is limited and protected by the Labor Law and the Civil Code, and some employers, such as many foreign companies, require them to sign an agreement similar to the employment contract with the graduates when they confirm the employment (note: before reporting to the employer). More employers require them to sign a "letter of intent for employment" first, and then sign a labor contract after the graduates register. <>

Secondly, the employment agreement is a tripartite contract, which involves three aspects, such as the school, the employer, and the student, and the three parties are related to each other but independent of each other: while the employment contract is a two-party contract, which consists of the rights and obligations of both the employee and the employer. Thirdly, graduates should still be students when they sign the employment agreement, but they should be employees when they sign the employment contract.

Once an employment contract is signed, the validity of the employment agreement shall be forfeited. If there is a contradiction between the content of the employment contract and the annex, the employment contract shall prevail.

2. The role of meaning.

Once the summer contract is signed, it means that the first job of the college student is basically determined, so fresh graduates should pay special attention to the signing matters. A teacher from the employment office of colleges and universities said that before signing a contract, college students should carefully check the affiliation of the employer, and state organs, public institutions, and state-owned enterprises generally have the right to accept personnel.

Private enterprises and foreign-funded enterprises need to be approved by the Personnel Bureau or the Talent Exchange Center before they can recruit employees, and their opinions must be signed on the agreement to be valid. Fresh graduates should also have an understanding of the special regulations of different local personnel authorities. <>

3. Precautions.

There are four aspects to pay attention to when signing a labor contract, and five details to pay attention to when signing. Otherwise, the employer will use the transfer method to force you to resign voluntarily and send you away without paying any economic compensation.

Second, it is necessary to prevent employers from repeatedly extending the probationary period by changing positions, because the same position and the same person cannot apply the probationary period twice, and there is no restriction on changing positions.

Third, the minimum wage standard should be specified in the labor contract, and it is best to fix the year-end bonus clause as part of the salary. Since there is no characterization of year-end bonuses in China for the time being, this legal gap may be exploited by employers and become a way to deduct salaries in the future. Fourth, it is necessary to understand whether the employer applies for social insurance for employees.

If there is no social security, it is equivalent to a lot of salary minus, and you cannot enjoy the social security benefits of the state and the unit.

Hello, my answer to the question "Can fresh college graduates sign labor contracts?" is as follows: According to the current relevant regulations, students who are enrolled in school cannot establish "labor relations" with employers, that is, they cannot sign labor contracts. However, due to various reasons, some employers hope that students who have not yet graduated can work in the unit, and even if this is the case, they cannot sign a labor contract.

However, it is possible to sign a labor agreement with the late erection unit, or sign an internship agreement, and stipulate the rights and obligations of both parties in the agreement. Article 12 of Document No. 309 issued by the Ministry of Labor 1995 stipulates:"Students who use their spare time to work and study are not regarded as employment, and if they have not established labor relations, they may not sign labor contracts.

Before you retain your student status, the company has established no labor relationship with you, but only a labor relationship, which can be recognized as an employment relationship if it meets the characteristics of an employment relationship. Those who have not yet obtained the graduation certificate are still students and do not have the main qualifications to sign labor contracts under the Labor Law, so the fresh graduates who have not yet obtained the graduation certificate sign an employment agreement. An employment agreement is an agreement signed between an employer, the school and the fresh graduates on the labor relationship to be formed and the basic rights and obligations of both parties in the labor relationship.

The three parties to the employment agreement are the employer, the school, and the school's recent graduates.

According to the Labor Contract Law, the necessary provisions of an employment contract mainly include: (1) the name, domicile and legal representative or principal responsible person 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.