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In the case of a corporation, the Articles of Association should be drafted, not the partnership agreement.
A template of the company's articles of association is available at the industrial and commercial window, and you can ask the clerk at the window for it.
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And the first company still has a copy, which is likely to pay liquidated damages, unless the company does not want to. As for the issue of the file, since the second copy has been signed, you only need to go back to the school to go through the formalities of the assignment.
There is no binding force on the labor relationship, and only after the graduates report to the employer, sign a labor contract with the employer or form a de facto labor relationship, and the intention becomes a reality, can the graduates form a formal labor relationship with the employer. After signing a tripartite agreement with the student, some companies require the student to intern in the company before graduation.
After graduation, the enterprise may negotiate and sign the labor contract according to the student's internship performance and the principle of signing the labor contract, or it may not sign the labor contract. Therefore, for graduates, who have signed a tripartite agreement and have not entered the "safe deposit box" of employment, they also need to undergo further investigation during the internship period and probationary period of the employer.
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Don't worry about anything, don't go to the first one, it's no problem for you at all. As long as you and the first company have not signed an employment contract, it doesn't matter if the three parties sign it. As long as the labor contract is not signed with the first one, you do not need to pay liquidated damages, you can rest assured.
All you have to do now is to sign a tripartite agreement with the second company, and then take this tripartite agreement to the school to get the registration card.
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But you are in default.
The liability clause for breach of contract may specify the circumstances of breach of contract and the corresponding liability for breach of contract, including the scope, amount or calculation method of compensation.
1. Continued performance, also known as compulsory performance, refers to the way of breach of contract liability in which the court compels the breaching party to continue to perform the contract debt when the breaching party fails to perform the contract.2. Take remedial measures, there is no agreement on the liability for breach of contract or the agreement is not clear, and the injured party may, according to the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return, reduction of price or remuneration 3. Compensation for losses, That is, the debtor's responsibility to compensate the creditor for the losses suffered by the creditor in accordance with the law when the debtor fails to perform the contract debt4, the deposit liability, after the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the agreed debt, and the party who has no right to demand the return of the deposit does not perform the agreed debt, it shall return the deposit double.5 The liability for liquidated damages, also known as the penalty for breach of contract, is agreed upon by the parties or directly stipulated by law, and a certain amount of money is paid to the other party when one party fails to perform the contract, and it can also be expressed as property of a certain value.
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If you sign a state-owned enterprise, you have to pay liquidated damages, otherwise it is very likely to be on a personal credit report, if it is a private company, you don't need to pay a fee, they have someone to call you, just say that you are not going, they are psychologically prepared for the fresh graduates to refuse to accept the offer, and will not embarrass you.
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Is the first three parties signed in full, and if so, and the first company still has a copy, then you will most likely have to pay liquidated damages, unless the company does not want to. As for the problem of the file, since you have signed the second copy, you only need to go back to the school to go through the formalities of the assignment, and it will not have any impact on you in the future.
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Generally speaking, there are only three copies of the tripartite agreement, and if A is signed, it is impossible to sign B. The contract can only be broken, and after paying the liquidated damages, Company A will return the agreement to the school, and then the school will give a new set of agreements before signing the contract with Company B. If 2 copies are signed, the specific handling shall be handled according to the agreement, and liquidated damages shall be paid in case of breach of contract.
The tripartite agreement is the abbreviation of the Employment Agreement for Graduates and Graduates of Ordinary Colleges and Universities, which is a written form of expression that clarifies the rights and obligations of graduates, employers and schools in the employment of graduates, and can solve a series of related issues such as household registration, files, insurance, and provident fund of fresh graduates. The agreement shall be terminated after the graduates report to the unit (with the "National Employment Registration Certificate for Graduates of Ordinary Colleges and Universities" or the "National Graduate Registration Certificate") and the employer officially accepts them.
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It is extremely irresponsible. If you sign a three-party contract with the first company, you should be honest, and you should sign with another company without breaking the contract. Your school is not responsible, and it can give you a second tripartite!
Even if the first three parties are lost, they should be explained in the newspaper, or explained in the school**, etc., and it can only be given to you after a certain period of time.
However, if you don't go to graduate in the end, the first company will generally not take extreme measures, but will be disappointed with your school's education. It is advisable to communicate with the first company as early as possible, they may not necessarily care about your liquidated damages, and it is important to communicate well. Young people should not discredit their alma mater before they even set foot in the school gate.
There are no specific provisions for this, the general formal contract is to use Song Ti No. 4 words, the title uses Song Ti No. 3 or Xiao No. 3, the most important thing in the contract is the content of the contract, typesetting these are just for beauty, no need to deliberately restrict, as long as the neat content is safe and reasonable.
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What is lost after signing is still lost before signing. Before signing the company, go to the instructor, change the matter, tell the teacher that your three parties are lost, not sign and want to change jobs, the teacher will generally not embarrass you. If you lose a copy after signing, the three parties are generally a file, an enterprise, an individual, and a school (it seems to be the case, I can't remember the specifics). >>>More
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