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The tripartite agreement is the abbreviation of the national employment agreement for graduates of ordinary colleges and universities. In triplicate, one copy each for graduates, employers and schools. After the graduates report to the employer, the tripartite agreement signed before the employer officially accepts the graduates, will be automatically terminated.
The employer then signs a formal employment contract with the graduate. New students should pay attention to the following when signing the tripartite agreement:
1. Account: Ask the company if it has been settled. If necessary, write it in the remarks column of the tripartite agreement.
2. Salary: distinguish between pre-tax and after-tax, the number of months paid in a year, or whether there is a double salary at the end of the year. 3. Bonus:
Many units have bonuses that account for a significant portion of revenue. 4. Subsidy: Some units will provide various subsidies for communications, housing, food, etc.
5. Welfare: living welfare, child welfare, etc. 6、**:
Find out if your employer can get employees to buy**, especially for companies that are about to go public. 7. Five insurances and one housing fund: pay attention to whether the payment base of the unit is much lower than your actual salary.
Ask about your specific position and job description, whether the employer has a well-developed training system, and understand overtime and business travel.
3 months: Labor contract term: 1 year< probationary period: 1 month; 1 year, labor contract term< 3 years, probationary period 2 months; 3 years Duration of the employment contract and indefinite term of the employment contract Probationary period of 6 months [Reminder] The probationary period has been agreed in the tripartite agreement. If the employer agrees to a probationary period at the same time as the contract is formally signed, the sum of the two probationary periods shall not exceed 6 months, and the excess shall be calculated on the basis of normal working hours.
1. The amount of liquidated damages shall be specified. Normally, the employer will propose the amount of liquidated damages when signing the contract, and the unit with particularly high liquidated damages should be cautious in signing. 2. The "Remarks" in the remarks column allow the three parties to separately agree on their respective rights and obligations.
To prevent employers from failing to deliver on their commitments, graduates can clearly write about salary, bonuses, allowances, vacations, housing, insurance, and other benefits in the remarks column.
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It is necessary to pay attention to the third-party agreement to see if there is a company's seal, to inform the school in advance, and to see who is Party A and Party B, and to pay attention to the salary and treatment of the third-party agreement.
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It is necessary to pay attention to the content stipulated in the agreement, but also to the protection of the tripartite agreement, but also to pay attention to the other part of the agreement, but also to pay attention to the company's rules and regulations, and also pay attention to the protection of personal interests.
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If you don't get a job, be sure not to sign the consent. If the counselor says that you won't be given a diploma if you don't sign a third-party agreement. That can only be signed. The water is very deep and pitted.
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I think that when signing a tripartite agreement, we should first pay attention to some favorable conditions in it, and we should also study the contract very thoroughly, while leaving some conditions for the other party to play as they wish, which will have some adverse effects on our future development.
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It is necessary to pay attention to the way in which the agreement is signed, the content of the agreement, the terms in it, the regulations, and the protection of students. Pay attention to the state of the company.
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It is not mandatory for recent college graduates to sign an employment agreement. Some schools will provide tripartite agreements, but their main purpose is to calculate the employment rate of students, as well as to carry out the transfer of student files after graduation and the issuance of dispatch certificates. If the school requires the student to sign a tripartite agreement, and the student has not yet found a job, the tripartite agreement can be signed with the talent exchange center of the place where the file is transferred (generally the place of origin or household registration), which is not equivalent to an employment contract, but a "letter of intent for employment", so it will not affect future job hunting.
Therefore, there is no provision that requires fresh graduates to sign an employment agreement or employment contract.
Article 7 of the Labor Contract Law stipulates that an employer shall establish an employment relationship with an employee from the date of employment. The employer shall establish a roster of employees for future reference. Article 10 A written labor contract shall be concluded in order to establish a labor relationship.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
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The process of signing a tripartite agreement for fresh graduates.
The conclusion of a tripartite agreement generally goes through four processes, namely offer and acceptance. The details are as follows:
1. Graduates and employers determine their employment intentions on the basis of supply and demand meeting and two-way selection, and graduates fill in their basic information and sign.
2. Fill in the content of the agreement in the presence of both parties, and fill in the basic information and seal the receiving unit and the competent department or sign and seal the receiving unit and the personnel department.
3. Graduates take the agreement back to the department for sealing, submit it to the Graduate Career Guidance Center for summer evaluation opinions and seal (pay the visa fee), and the Graduate Employment Guidance Center will send the employment agreement to the provincial education department for visa, payment and sealing.
4. The Graduate Employment Guidance Center of the college will return the agreement to the unit and the graduate, prepare the employment plan, and the enterprise will issue the registration card.
Extended Information: Notes for Filling in the Tripartite Agreement:
1. Graduates. Fill in truthfully, name, school system, and educational background. The name of the profession and the home address should be filled in detail to avoid unnecessary trouble.
The contact must be filled in clearly, and the number change should be notified to the department or the counselor of the class in time, and the college or employer will be notified once there is something to do.
2. Unit situation. Check whether the name of the employer is consistent with the name of the employer's valid seal; The contact person, **, mailing address and nature of the unit should be clearly written; In the column of file forwarding address, the full name and address of the personnel file keeping unit must be filled in clearly.
Units with the right to keep personnel files can fill in the address of the unit, and units without the right to keep personnel files should fill in the address of their entrusted custody files (talent market, talent exchange center, mainly refers to the three foreign-funded enterprises, private enterprises and private enterprises attached to the talent exchange center or talent market).
3. The additional terms reached by the two parties through negotiation shall be clearly filled in and implemented in the application opinion column of the agreement or the employer's opinion, or prepare a supplementary agreement to avoid troubles in the future.
4. Regarding the official seal of the employer: when signing the agreement with the employer, it is necessary to pay attention to the level of the employer and the competent department, in fact, in addition to the nature of the unit, the employer must also be divided into levels, and all the official seals required must be covered to avoid unnecessary troubles (the opinion of the superior competent department of the employer "the unit with the autonomy of the person can be omitted in this column").
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Legal Analysis: Tripartite agreements for fresh graduates are not mandatory. The tripartite agreement is a written expression that clarifies the rights and obligations of the graduates, the employer, and the school in the employment of graduates.
The tripartite agreement is signed for the purpose of the school to collect employment information and data, and the school will transfer the file and issue the registration card according to the content of your tripartite, so as to ensure that there will be no mistakes in each student's file and registration card, which is a manifestation of the school's responsibility to the student.
Legal basis: Notice of the Ministry of Education on Responding to the Novel Coronavirus Pneumonia Epidemic and Doing a Good Job in the Employment and Entrepreneurship of Graduates of Ordinary Colleges and Universities in 2020 V. Standardize Management and Improve the Service Level of Employment Work (17) Appropriately extend the time for graduates to choose a job. All localities and colleges and universities may, in light of the circumstances, appropriately extend the time for employment contracts, and promptly handle employment procedures for graduates who have already completed their work units.
It is necessary to cooperate with relevant departments to guide employers to postpone the time of interview and admission, and postpone the time limit for registration, settlement and other time limits for fresh graduates who have delayed leaving school. It is necessary to do a good job with the human resources and social security departments to connect the information and services of unemployed graduates who have left school, and continue to provide employment services for unemployed graduates who have left school. For college graduates who have not confirmed their work units when they leave school, they can keep their household registration and files in the school for two years according to regulations, and go through employment procedures in a timely manner for the graduates of the implementation unit according to the status of fresh graduates.
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Be sure to pay attention to the content of the contract, pay attention to the working hours, pay attention to the salary, pay attention to the relevant insurance payments, and deal with the breach of contract.
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When signing the agreement, you should read the agreement clearly, and when signing the agreement, you should also keep an agreement, you should read every provision of the agreement, and you should also look at the agreement when signing the agreement, whether it is stamped with the official seal, and also see who the other party who signed the agreement.
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Be sure to pay attention to the working hours in the contract, the specific composition of the salary, the subsidy of the relevant benefits of the unit, the content of the contract, as well as the resignation, resignation, and breach of contract.
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Everyone should also look carefully when signing the labor contract, the routine of the United States' cat food is not to write the salary on the labor contract, and give it to you according to the minimum wage, so that you can fight a lawsuit It is not easy to fight, everyone must pay attention, don't believe the words of the United States' group of livestock
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The tripartite agreement is the abbreviation of the "National Agreement on the Employment of Graduates of Ordinary Colleges and Universities". Clarify the written expression of the rights and obligations of the graduates, the employer and the school in the employment of graduates. The agreement will be terminated after the graduate reports to the employer and the employer officially accepts it.
Every year, fresh graduates of colleges and universities must sign a tripartite agreement. The reason why the school requires graduates to sign a tripartite agreement is to increase the employment rate of this school. For students, signing a tripartite agreement allows them to find a job as soon as they graduate, avoiding the peak period when others are looking for a job.
When signing a tripartite agreement, it is important to read the content of the agreement clearly to avoid other problems in the future.
1.When students sign their own professional name, they should never choose to abbreviate it for the sake of troubleIt should be consistent with the professional name of the school's academic affairs officeThis point must be clearly understood, and the copy of the agreement is invalid.
2.Clarify the amount of liquidated damages。The company will propose the amount of liquidated damages when signing the agreement, and the graduates should adjust the default amount to the lowest possible in the coordination, so that even if they want to resign in the future, they will not lose too much.
If there is a company with particularly high liquidated damages, be sure to find out.
.When filling in the remarks in the agreement, the three parties have the right to fill in by themselvesIn order to prevent the employer from being unable to fulfill their commitments, graduates can write their salary, bonus subsidies and insurance benefits in the remarks column.
4.The length of the probationary periodGenerally, state-owned enterprises, private enterprises and foreign enterprises all adopt a probationary period. The length of the probationary period is 1 to 3 months and cannot exceed 6 months
If the probationary period in the agreement is too long, pay attention to what type of enterprise this kind of company is. If the probationary period is exceeded, the excess amount will be calculated based on normal working hours.
5.When students sign the agreement, they must follow the procedures strictly. After the employer fills in the seal, it will go to the school's career guidance center for sealingBe carefulDo not take the school center to stamp it directly after you have finished writing it.
The consequence of this is that when the unit fills in, it will be very different from the original promised company treatment.
If you pay social security after working, you will lose your status as a fresh graduate.
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The first thing we need to do is to understand what a tripartite agreement isThe Tripartite Agreement refers to the National Agreement on the Employment of Graduates of Ordinary Colleges and UniversitiesThe abbreviation is generally in triplicate, one for graduates, and one for the employer and the school. The tripartite agreement signed by the graduates and the employer after reaching the employment intention, the school will dispatch the graduates according to the tripartite agreement and report the employment rate of their own school, especially the subsequent file adjustment of the need, which is also a measure to ensure the implementation of the work of the fresh graduates.
Special attention points,A tripartite agreement is not the same as an employment contract。The validity period of the tripartite agreement is terminated after the graduates report to the employer for formal acceptance, and the signed identity is signed in the capacity of students, not workers, and the graduates' own situation does not involve the rights and obligations that they should enjoy after reporting, especially the payment of social security.
What should I pay attention to when signing a tripartite agreement?
The first pointIn terms of treatment
One isAccount issuesWhether the unit can solve the household registration, if it promises to solve it, must be written in the remarks column of the tripartite agreement.
The second isWage issues,How many months of the installment before and after tax or at the end of the year are there any problems such as double salary?
The third isBonuses, many unit bonuses account for a large part of the income.
Four areSubsidies,Some units will have various subsidies such as communications, housing, food, etc.
Fifth, yesBenefits, living welfare, child welfare, etc.
Six is**,Find out if your company is letting employees buy**, especially if it's going public.
Seven isFive insurances and one housing fundPay attention to whether the contribution base of the unit is much lower than your actual salary.
The second point should also be notedDevelopment opportunities,Ask about your specific job position and specific work content, as well as whether the company has a perfect training system, don't be a test rat, you also need to understand the situation of overtime and business trips, etc.
If the tripartite agreement has agreed on a probationary period, then, when the contract is formally signed, if the employer also stipulates a probationary period, the sum of the two probationary periods shall not exceed six months, and the excess shall be calculated according to normal working hours.
Finally, there is if it is involvedLiquidated damagesUsually, the company will put forward the amount of liquidated damages when signing the contract, and graduates should strive to minimize the liquidated damages in the agreement, usually no more than 5,000 yuan of liquidated damages, and the particularly high units should be cautious to sign.
The tripartite agreement is an issue to protect the rights and interests of graduates, and any problems can be solved by contacting the school.
Be sure to pay attention to the content of the contract, pay attention to the working hours, pay attention to the salary, pay attention to the relevant insurance payments, and deal with the breach of contract.
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