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If you break the contract, you generally need to negotiate with the unit you signed before, if you don't have a clear agreement on liquidated damages, you can negotiate the state regulations can't generally not exceed 3000, but in fact it will not be so little, generally in 5000 to 8000 If you sign more than 10,000, it is definitely a company to pit you If the unit you signed agrees that you are in breach of contract Pay liquidated damages and ask the other party to return the tripartite agreement to you This must be remembered Be sure to take back the tripartite agreement you signed before and then ask the school for a new tripartite agreement After that, you can sign a new company However, it is best to explain your situation to the new company, and the company will not mind you breaking the contract to sign with his company, so the time can be postponed to ensure that you have enough time to go through the procedures for breaking the contract.
Good luck getting a good job
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It's hard, ah. Before you sign the contract, you must talk about the work, treatment and other things are written on the three parties, or you can write it as you want to send it to others, and you will suffer. There are three parties with him, and it is really hard to break the contract, unless they agree to you and pay liquidated damages.
In short, be cautious when signing a contract!
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It is okay to go to the original company to terminate the contract.
I wonder where you've got? Generally, the school gives you three copies, you need to get the company and the talent center to stamp, and then give a copy to the school, you need to apply for a dispatch certificate, one for yourself, one for the company, so I don't quite understand what you said about returning to the three parties after training, what does this sentence mean, is it that all three copies are in the company, it should be unlikely.
Generally, you explain the situation and ask your company to issue a certificate of termination of the employment agreement, and you can terminate the contract, and just hand over the certificate and the original agreement to the school for a new one, which is already a more formal solution. The company should not embarrass you, after all, it is a two-way choice now.
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1. Can a tripartite agreement be broken?
1. The tripartite agreement can be broken. However, it shall bear the losses caused to the parties to the contract due to the breach of contract or pay the liquidated damages agreed upon by the parties to the contract at the time of entering into the agreement. The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.
2. Legal basis: Article 584 of the Civil Code of the People's Republic of China.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
Article 583.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses.
2. What is the process of signing a tripartite agreement?
The process of signing a tripartite agreement is as follows:
1. Tripartite agreement on obtaining certificates;
2. Fill in personal information;
3. Fill in and seal by the employer;
4. Fill in the information by the school;
5. Check whether the tripartite agreement is correct.
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1. All signed tripartite contracts can not be broken, tripartite agreement is the true intention of the parties, binding on all parties, as a kind of anonymous contract, the parties are equal subjects, subject to the "General Provisions of the Civil Law of the People's Republic of China" and the "Contract Law of the People's Republic of China" adjustment, the need for all parties to strictly abide by the spirit of the contract, follow the principle of good faith, and perform contractual obligations according to the contract.
In addition to the liability for breach of contract and the payment of liquidated damages, the breach of contract by graduates will often cause other undesirable 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 in the school in the future due to suspicion of the school.
3. Have an impact on other graduates.
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No, as long as it is a certified and fair agreement, it is not possible to break the contract or breach the agreement, unless you reach an agreement to cancel the agreement.
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To put it bluntly, this tripartite agreement of yours has no effect in the first place.
For the school, this agreement has two functions: first, it will send you out of the door reasonably. Because when it was possible to recruit parents, the Education Commission had a packing ticket. Second, ** and the Education Commission require that the students trained by the school have the ability and can be employed.
For companies, cheap labor is available from schools and talent can be discovered.
For you, there's a job opportunity that you don't have out of school.
From the perspective of these three parties, they are all for their own interests. No one is in the service of others for free. Therefore, as long as there is one thing wrong, everyone wants to break the contract.
Now on to the issue of breaking the contract.
1.The school's 2000 is not to be paid. However, you still have to take a useless thing and give it a file. If you don't give it, you won't get your dossier by then.
2.If the company wants to save a tripartite file, it must give you a letter of termination. It's as simple as both of you agree. If the company doesn't agree, and you go to work, he can't stand it and will fire you.
3.Charging for training, the company didn't say that he was burdened, not to mention that you don't have evidence yet, and you don't expect to come back. I'm afraid that the company will say that he has paid another part, and it will be troublesome to ask you for it.
The simplest, slowly mixed until the end of the contract. I also work hard to learn the skills, and when the time comes, even if I leave, I will have one more skill!
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Validity: The contract period is short, it is recommended to mix until the contract expires, and it is recommended to breach the contract, and apply to the school for a new tripartite agreement at the same time.
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1- If the unit is stamped and you sign it yourself, the three parties will theoretically take effect, but as long as you can get a new one, the three parties can not be compensated.
As long as it is ensured that any of the three parties is not in the hands of the unit.
2- Then there is no need for a return letter.
3- Unreasonable, but unrecoverable without evidence.
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As long as the company seals and you sign, you have to pay the 2,000.
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First of all, you call the person in charge of human resources of the first unit, find some reason, (such as your parents want to go back to your hometown to work, or some other reason), show that you are sad, but you must terminate the agreement with their company. The company will return to you the share held by the company you have a tripartite agreement with, and may also give you a termination letter. Specifically, you talk to the company's personnel.
Among them, it should be noted that if the tripartite agreement stipulates liquidated damages, most companies will wait until they receive your liquidated damages before returning your agreement.
Secondly, get the agreement that the company refunded you and the termination letter issued by the company, go to your college counselor to take out the agreement that was handed over to the school, take the three agreements to the student work office, and get a new tripartite agreement. Then you can sign with the new unit.
Note: The process is generally like this, but the specific operation depends on the requirements of your first unit and the regulations of your school. But three things must be done:
1. Tell the first unit that I want to terminate the contract and ask him what procedures he wants; 2. Tell the school that you want to change units, what are the procedures? 3. Take the new tripartite agreement and the new unit to sign.
Hehe, good luck!
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1 If your tripartite agreement is only given to the previous company, not to the school, then you don't have to worry about it, just buy three copies with the school.
2. If the agreement signed with the previous company is handed over to the school, if the school does not send it to the career center, discuss with the school to see what to do, if you can, just buy a copy and sign it again.
3. If the school has no room for negotiation, it can only ask for a resignation certificate from the original unit and hand it to the school.
The most important thing is to contact the school and look at the school's requirements, so that you can save a lot of unnecessary trouble.
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The tripartite agreement must be signed and sealed by the unit, the student, and the school before it can take effect, and you see that your tripartite agreement will definitely indicate this. If you and A have signed a three-party agreement, it depends on whether A has registered your agreement with the local talent market, if not, you can sign with B and let B register for the record. Because the dispatch needs to determine your future cadre status, as long as you have worked in a unit for one year, you can be graded, after one year, you will change jobs, there is no problem of reassignment, and the tripartite agreement will be useless after you report and sign a new contract.
If you are admitted to the civil service, it is not a breach of contract or a job change, just go directly to become a civil servant, and the unit cannot stop or ask you for liquidated damages. If you are still in school, give a letter of acceptance to a new unit, and the school will send your file directly.
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1 Terminate the contract with A, let A open a termination letter, and then want the school to apply for another three-way issue.
2. Reassignment means that the dispatch certificate has been issued, and the unit on the dispatch certificate is not going to be reassigned, so it is called reassignment.
3 The tripartite agreement is valid before you go to the company on the agreement, and you have to sign a formal labor contract after reporting, and the three parties are useless after signing the contract.
4. If you resign after more than one year and go through the regular grading, you will be a cadre, and you will not need to be reassigned.
5 You need to be reassigned if you don't have a regular grading before you are graded and you don't need to be a regular after you are a regular The key is whether you have a cadre status If you don't have a cadre status, you need to be reassigned if you don't have a cadre status.
6 Same as 5 The agreement needs to be renewed.
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Is there so much mess at work? If you don't understand, just ask the employer.
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As long as the corresponding obligations are not fulfilled in accordance with the provisions of the tripartite agreement, or the relevant provisions are not implemented, the contract can be repudiated.
1. The importance of the tripartite agreement.
The tripartite agreement is the first step in the employment of college students, and it is also the link that is most prone to disputes. The tripartite agreement is a letter of intent signed by the graduate and the employer as a witness by the school, which has legal effect, although it cannot replace the labor contract, but it has a strong binding force on the unit, the school and the individual, and it is also a rough rubber-style signing form. There are generally 4 tripartite agreements, 1 for the student himself, 1 for the college, 1 for the school, and 1 for the unit.
After the student signs the tripartite agreement with the unit and seals it, he or she must submit two of the tripartite agreements to the school office of the college. Once the tripartite agreement is signed, it means that the first job of the college student is basically determined, which will affect the transfer of the final registration card and files. The tripartite agreement must not be neglected and must be taken seriously.
2. What are the consequences of the tripartite agreement breaking the appointment?
The employment agreement for college graduates has legal effect once signed by graduates, employers and schools, and neither party shall terminate the contract without authorization, otherwise the defaulting party will have to pay the liquidated damages paid by the terms of the agreement to the party whose rights are damaged.
1. The Labor Law gives employers the power to formulate and enforce labor discipline and rules and regulations.
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