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Signing an employment agreement means that you have been theoretically employed, that is, the employment rate of the school has increased because of the signing of your employment agreement
Generally speaking, a regular employer will sign an employment agreement after recruiting you, and then convert the employment agreement into an employment contract after the probationary period
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Legal Analysis: You can not sign. The issuance of the diploma is not related to the employment agreement.
The graduation certificate is a written certificate issued by the school-running unit to prove the learning experience of the students who have completed all the courses arranged by the school and passed the grades and met the graduation requirements through systematic study. It is a written certificate issued by the school-running unit to prove the learning experience of the students who have completed all the courses arranged in the teaching plan and passed the grades and are allowed to graduate within the specified number of years of the school system.
Legal basis: Article 570 of the Civil Code provides that if one of the parties clearly fails to show or shows that it does not perform its contractual obligations by its own behavior, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.
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It doesn't have to be handed over to the school.
The employment agreement is a tripartite contract, which involves three aspects, such as the school, the employer, the student, etc., the three parties are related to each other but independent of each other, and the graduate is still a student when he signs the employment agreement.
The reason why the school collects the employment agreement of fresh graduates is to calculate the employment rate; In order to increase the school's employment rate, the teacher will urge the student to submit the employment agreement, which is not mandatory, but only to better publicize the school's requirements for the student in the next year.
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You can ask the school to re-issue a copy for you. The full name of the employment recommendation form is the "Graduate Two-way Choice Employment Recommendation Form", which is similar to the role of the school to provide you with an official resume. The recommendation form will generally fill in the student's personal information, academic performance, rewards and punishments, social practice experience, etc.
Generally, graduates use it when applying for jobs. Some large employers will use employment recommendations as an important reference when selecting talents, which will affect the issue of whether to admit them, which is directly related to the vital interests of graduates. When approving the hukou of non-local students in Beijing, the employment recommendation form is still an important information.
If the graduate spine preparation student accidentally loses the agreement, the school will not reissue it in principle, and when the graduation is dispatched, the graduate will return to the place of origin to participate in the secondary distribution. If it is necessary to reissue due to special circumstances, graduates must submit an application in writing, which will be signed by the person in charge of graduate employment of the college, and will be handled as appropriate after investigation and study by the Admissions and Employment Office.
1. Conditions for signing the agreement:
1. There are two or more parties to the contracting party;
2. The parties must conclude the contract "in accordance with the law";
3. The parties must reach a consensus on the main terms of the contract; 4. The establishment of the contract should have the stage of offer and acceptance.
2. Procedures for signing the agreement:
1. One of the parties makes an offer to conclude a contract;
2. If the offeree agrees to the offer, it may make corresponding commitments;
3. If the commitment takes effect, the contract is established.
4. If the contract is concluded in written form, the parties shall sign and seal it.
Legal basis: Measures for the Administration of Employment Subsidy Funds
Article 9 A one-time entrepreneurship subsidy will be given to college graduates and persons with employment difficulties within 2 years of leaving school for more than 1 year since the date of industrial and commercial registration. The specific pilot measures shall be formulated separately by the provincial finance and human resources and social security departments.
Article 10 The scope of persons enjoying the employment training subsidy shall be college graduates who have not been employed within 2 years of leaving school, and the scope of hardship and remote areas, old industrial bases, and state-level poverty-stricken counties may be expanded to secondary vocational graduates who have not been employed within 2 years of leaving school. A certain standard of employment training subsidy will be given to the single person who absorbs the above-mentioned personnel to participate in employment training, which is used by the trainee unit to pay the basic living expenses of the trainees during the internship, handle personal accident insurance for the trainees, and guide and manage the trainees. For units with a retention rate of more than 50% at the end of the trainee period, the trainee subsidy standard can be appropriately increased.
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The school has been urging graduates to sign upEmployment AgreementIt is to use the student's employment agreement as the employment rate of the school's students to graduate, and not signing the employment letter will cause the school's employment rate to decline and cause a bad reputation.
National Employment Agreement for Graduates of Ordinary Colleges and Universities, referred to as "Employment Agreement" or "Tripartite Agreement".
It is an agreement signed through negotiation to clarify the rights and obligations of graduates, employers, and graduates' schools in the employment of graduates.
The agreement is also the basis for the school to send graduates, and the school will issue a graduate employment registration certificate according to the content of the agreement before the student graduates and leaves the school.
and Hukou Migration Certificate, and transfer the student's file at the same time.
Employment agreement note this reed:
The employment agreement establishes the employment relationship within the specified period and clarifies the rights and obligations of both the graduate and the employer, so as long as both parties reach an agreement and sign and seal, it will take effect on both parties.
Generally, the university does not participate in the formulation and negotiation of the content of the agreement between the two parties, but only stamps the "attestation seal" on the agreement as the attestation party, and provides relevant employment services for graduates and employers in accordance with the content of the agreement.
The above content refers to the encyclopedia - employment agreement.
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Legal analysis: The employment agreement is based on the principle of equality and voluntariness, and can not be signed. Employment is a person's freedom to choose to be employed or not.
According to the "Notice of the Ministry of Education of the People's Republic of China on the Employment and Entrepreneurship of 2021 National Ordinary College Graduates". Colleges and universities are not allowed to force graduates to sign employment agreements and labor contracts in any way.
Legal basis: Notice of the Ministry of Education of the People's Republic of China on Doing a Good Job in the Employment and Entrepreneurship of Graduates of National Ordinary Colleges and Universities in 2021
The notice requires all universities.
1) It is forbidden to force graduates to sign employment agreements and labor contracts in any way;
2) It is not allowed to link the issuance of graduation certificates and degree certificates with the signing of contracts with graduates;
3) It is forbidden to persuade graduates to sign false employment agreements on the grounds of account trusteeship;
4) It is not allowed to use the internship and internship certification materials of graduates as employment certification materials.
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