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<> "Procedures for Termination and Renewal of Agreement".
If there are graduates who sign a contract and find a better unit and want to breach the contract, the procedures are as follows: first get the termination letter of the original signing unit, and then get the acceptance letter of the unit you want to sign now, and then in the school career guidance center **** "Termination and Renewal Application Form", find the relevant person in charge to sign it, and go to the Graduate Employment Management Office to replace the agreement with the termination letter, the new unit acceptance letter, the termination application form, and the agreement signed by the original unit (any one can be). The school indicates the words "Termination and Renewal" and the number of cancellations.
Go to the Career Center to get it. The formalities are complete and can be handled at any time.
What are the implications of the repudiation of the tripartite agreement:
First, it may affect employment. Generally speaking, if a graduate defaults, he or she must negotiate with the original employer to return the agreement and exchange it for a new agreement. If you cannot re-sign a new tripartite agreement, it may affect the graduation assignment.
The second is to cause losses to the employer. The employer spends a lot of manpower, material and financial resources to organize the recruitment work, and the later work of the hired personnel has been considered and arranged. Once the graduate defaults, it will cause the employer to work passively and suffer economic losses.
The third is to affect the reputation of the school. Employers often regard the default of graduates as a sign of lax management of the school, and out of suspicion of the school, the employer may not select graduates from the school in the future, which will have an impact on the overall interests and reputation of the school's future employment work.
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You need to provide a written application (what you call a termination letter) and a letter of acceptance, you can get back the employment agreement retained by the company, and then take the employment agreement to the employment management department of your university to ask for the employment agreement to be invalidated, and you can go to graduate school with peace of mind.
The termination letter is very simple, the title is written "application", the title is "such and such a company" can also be added to the specific responsible department or individual, the text "because you are a graduate of a certain school in a certain year, according to the contract, request to cancel the employment agreement signed with your unit at what time, hope to approve", and then sign and date on it.
Example: University College:
In full consideration of the willingness of personal choice and the actual situation of our company, after friendly negotiation between the two parties, we unanimously agreed to terminate the personnel labor contract signed between the students of your school and our unit, and the two parties do not bear the liability for breach of contract, please coordinate with your unit.
Unit (official seal).
YYYYYYYYYYYYYYYYY
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Legal analysis: The termination letter of the tripartite agreement, shouting Changmo is a notice of termination of the tripartite agreement, and the tripartite agreement will be terminated after the termination letter is served.
Legal basis: Article 500 of the Civil Code of the People's Republic of China Article 65 Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. If the debtor fails to perform its obligations within a certain period of time, the contract shall be automatically terminated if the debtor fails to perform its obligations within a certain period of time, and if the debtor fails to perform its obligations within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice.
If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination. If one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
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A termination letter is required for the termination of the tripartite agreement. If the tripartite agreement is terminated, the parties shall issue a notice of termination of the contract, and if they do not obtain a termination letter, they cannot sign a new tripartite employment agreement. It is necessary to take the original tripartite employment agreement termination letter and the new unit acceptance letter to sign a new tripartite agreement.
A cancellation letter is one of the ways to notify, so a cancellation letter can be issued, but it is not required. If the employment contract is terminated, the employer must issue a certificate of termination of the employment contract.
The process of terminating the tripartite agreement is as follows:
1. Negotiate with the original unit, accept the breach of contract from the original unit, pay liquidated damages in accordance with the provisions of the tripartite agreement, pay liquidated damages (some units do not charge liquidated damages), and issue a letter of return from the original unit;
2. Obtain a letter of acceptance from the new unit;
3. Take the letter of return from the original unit and the letter of acceptance from the new unit to the employment guidance center to get the new three parties (sometimes the letter of acceptance is not required);
4. Take the new three parties to sign a contract with the new unit.
Legal basis: Article 563 of the Civil Code of the People's Republic of China.
The parties may terminate the contract under any of the following circumstances:
1) The purpose of the contract cannot be achieved due to force majeure;
2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;
3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;
4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;
5) Other circumstances provided for by law.
In the case of an indefinite contract with the content of a debt to be continuously performed, the parties may terminate the contract at any time, but shall notify the other party before a reasonable time limit for negotiation.
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If you need to terminate the contract after reaching an agreement, then you need to negotiate all the conditions, so a tripartite agreement termination letter is what you will use. The following is the "Tripartite Agreement Termination Letter Template" compiled by me for your reference only, and you are welcome to read it.
1] School:
I am a university graduate, and I have been admitted to your company as a new employee, and I have signed a tripartite employment agreement with your company.
Since I was admitted to the university for a master's degree, after a period of careful consideration, I decided to study for graduate school. Regrettably, I formally submitted an application for termination of the contract to Guiwu Oak Company. Taking into account my special circumstances, in accordance with the tripartite agreement and the relevant provisions of the Labor Law, please allow me to terminate the tripartite employment agreement signed with your company, and issue a termination letter stating the legal effect of terminating the tripartite employment agreement.
Application for Termination of Tripartite Agreement.
In this regard, I would like to express my heartfelt thanks to your company for your love to me during the recruitment process, and apologize deeply for the inconvenience caused to you during the termination process.
Sincerely. Salute!
YYYYYYYYYYYYYYYYY
2] The company's human resources department:
I am a bachelor's degree graduate and was admitted to your company as a new employee, and I received a tripartite employment agreement stamped by your company.
Due to the reason, after a period of careful consideration, I regret that I formally submit an application for termination to your company, hoping that your company can consider my special circumstances, allow me to terminate the tripartite employment agreement signed with your company, and issue a termination letter stating the legal effect of terminating the tripartite employment agreement.
In this regard, I would like to express my heartfelt gratitude to your company for your love to me during the recruitment process, and express my deep apologies for the inconvenience caused to you during the termination process.
Sincerely. Salute!
Applicant:
YYYYYYYYYYYYYYYYY
3. Schools:
In full consideration of the willingness of personal choice and the actual celebration or situation of our company, after friendly negotiation between the two parties, we unanimously agreed to terminate the employment agreement for college graduates signed by your school and our unit, and the two parties do not bear the liability for breach of contract, please coordinate with your unit.
It is hereby proved! Unit (official seal).
YYYYYYYYYYYYYYYYY
4] There are comrades of our unit, gender, educational background, graduates of universities (colleges), and ID cards for reasons (reasons), who have terminated the employment agreement with their units on the date of xx, xx, xx, and xx.
It is hereby proved! Unit (stamped):
YYYYYYYYYYYYYYYYY
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Legal analysis: The termination letter of the tripartite agreement is a notice of termination of the tripartite agreement, and the tripartite agreement will be terminated after the termination letter is served.
Legal basis: Civil Code of the People's Republic of China Article 565 Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. If the debtor fails to perform its obligations within a certain period of time, the contract shall be terminated automatically upon the expiration of the time limit specified in the notice.
If the other party has any objection to the termination of the contract, any party Rufan may request the people's court or arbitration institution to confirm the validity of the termination. If one of the parties terminates the contract in accordance with the law by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
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If your employment unit is a state-owned enterprise, your files, party and caucus relations and tripartite agreements can all be issued to this unit, and the registration card can also be issued to this unit; If it is a private enterprise or a foreign-funded enterprise, it should be handled in the talent market of the place where the enterprise is registered, provided that the enterprise has to go through the personnel entrustment procedures. Don't lose your registration card, the full name of your registration card is"Employment registration certificate for graduates of ordinary colleges and universities across the country"(also referred to as "dispatch certificate"), is included in the national plan of enrollment of college graduates an important symbol, by the Ministry of Education directly printed, provincial college graduates employment management department issued separately, included in the national employment plan graduates of graduates of the graduates of the national employment plan to hold a valid registration certificate. On the basis of the registration card, the employer will transfer the personnel files of the graduates and arrange the work of the graduates. >>>More
Now you sign, no matter whether you sign in person or how to sign, as long as you sign it yourself, then there is nothing to say, now at this time the school will stand with the unit, if you breach the contract, it will affect the employment rate of the school, if no one is the school, the school will not be so protective of you, so you still follow the procedure, a thousand yuan, break the fortune and avoid disasters, but if you look for someone, it's okay if you don't pay for it, but you have to find a way to get the agreement back, so it depends on whether you have someone or not, If there is no one, let's follow the procedure.
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