Is it okay for graduates to sign a tripartite agreement temporarily, and not to do it in the future?

As long as your relative's company can stamp a piece of paper on the piece of paper that you will be graded after a year, if not, when you find a job, you will have to be reassigned, that is, you will cancel your previous tripartite agreement and sign a new copy with the work unit you are looking for.

There are too many questions, can you ask them separately?!

To put it simply, if these two units are in the same place (district-level administrative division), there is no problem, and if the two units are enterprises and institutions in different places (in different district-level administrative divisions), they should be reassigned.

Formal question: Is it okay for graduates to sign a tripartite agreement temporarily, and not to do it in the future? OK!

Your school is also too irresponsible, in order to demand the employment rate, you urge to hand in the three-party agreement, what if you don't sign it? The problem is that I haven't graduated yet, and now it's very troublesome to change it after signing it casually, not to mention that the agreement is gone, and you need to get the contract letter to apply for another agreement to sign the unit you found, in short, it will be very troublesome, I don't know much about the identity of individual cadres, and the most important thing is what attitude you have in the workplace, if they don't care, it should be a problem. I think the school is talking about urging delivery, and there is no need to stamp it casually, which will only add trouble to yourself.

As far as I know, the school handover agreement is also handed in in batches, so it is better to wait for the next batch to submit it so as not to write the registration card, maybe you will find a job at that time.

Graduates who signed a tripartite agreement did not bear the liability for breach of contract in the end.

The tripartite agreement is a written expression of 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 tripartite employment agreement is uniformly printed by the Ministry of Education of the People's Republic of China, mainly to clarify the basic situation and requirements of the three parties, and the tripartite employment agreement is formulated on the basis of national laws and regulations on the employment of college graduates, and is valid for the period from the date of signing the contract to the time when the graduates report to the employer.

An employment agreement is a tripartite contract involving the school, the employer, the student, etc., and the three parties are related to each other but independent of each other, while the employment contract is a two-party contract, which consists of the rights and obligations of both the employee and the employer. Graduates are still students when they sign the employment agreement, but they should be workers when they sign the employment contract. Once an employment contract is signed, the validity of the employment agreement shall be forfeited.

If there is a contradiction between the content of the labor contract and the annex of the tripartite agreement, the labor contract shall prevail.

Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 580:Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

1) Legally or factually unable to perform;

2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;

3) The creditor does not request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract. Article 582:Where performance does not conform to the agreement, liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

Legal analysis: graduates can not sign the tripartite agreement, graduates have the right to sign a labor contract with the employer without signing the tripartite agreement, the tripartite agreement is a labor agreement signed by the graduate, the school and the employer, which is mainly for the purpose of the school to collect employment information and data, and is not mandatory to sign a tripartite agreement.

Legal basis: Civil Code of the People's Republic of China

Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

Article 6: Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Summary. Hello, if you sign a tripartite agreement, it will not be regarded as a breach of contract, and if there is an agreement, you need to pay liquidated damages.

The tripartite agreement shall be terminated after the graduates report to the employer (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.

When signing the agreement, students are expected to strictly follow the prescribed steps. Wait for the employer to fill in and stamp, and then go to the school's career guidance center to get the visa stamped. Do not go directly to the graduate career guidance center of the school to ask for a seal after filling it out yourself.

As a result, when filling in the form, the salary and benefits of the employer are very different from those promised in the past. However, because they and the school have signed and sealed, the students are unable to recover. Either they will be submissive, or they will be forced to compensate the employer for breach of contract.

Fresh graduates, signed a tripartite agreement, don't want to go.

Hello, if you sign a tripartite agreement, it will not be regarded as a breach of contract, and if there is an agreement, you need to pay liquidated damages. The tripartite agreement shall be terminated after the graduates report to the employer (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. When signing the agreement, students are expected to strictly follow the prescribed steps.

Wait for the employer to fill in and stamp, and then go to the school's career guidance center to get the visa stamped. Do not go directly to the graduate career guidance center of the school to ask for a seal after filling it out yourself. As a result, when filling in the form, the salary and benefits of the employer are very different from those promised in the past.

However, because they and the school have signed and sealed, the students are unable to recover. Either they will be submissive, or they will be forced to compensate the employer for breach of contract.

There are no consequences for not going.

To pay liquidated damages, I said above that you should take a closer look.

That breach of contract will have an impact on the school and yourself.

After the tripartite agreement is signed, as long as you go to the employer to report on time, if you don't report, the file may be transferred to the employer, and then there may be problems with the file, which will have little impact on yourself and the school, after all, it is not a labor contract.

It is okay for graduates not to sign a tripartite agreement. If you are still not a company you like until you are about to graduate, you can choose not to sign a tripartite agreement. However, it should be noted that the tripartite agreement cannot be easily broken after it has been signed.

The tripartite agreement can ensure that the employer will not break the contract and refuse to accept the graduate, but if the graduate has a better and more desirable job and unit after signing the tripartite agreement, it cannot be easily replaced, otherwise he will face the penalty of liquidated damages.

The tripartite agreement is the abbreviation of the "National Employment Agreement for 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.

For graduates, after signing the tripartite agreement, the school will issue a dispatch certificate when they graduate, indicating that the student has been trained by us and can be handed over to the employer in its entirety. For the employer, signing the three-party agreement means that a graduate has been recruited, and the graduates must be accepted for employment, and the problems such as household registration and files must be solved. For the school, this is the end of education and training and the beginning of the handover of employment, and it is also the evidence for calculating the employment rate.

What do I need to pay attention to when signing a tripartite agreement?

1. Tripartite agreement ≠ labor contract: The tripartite agreement only represents the determination of a work intention, and there is no guarantee for the follow-up labor relationship, so the tripartite agreement cannot replace the labor contract;

2. Pay attention to the qualification and level of the employer, although theoretically the employer is checked by the school, it is not excluded that some schools sign fake tripartite agreements in order to have a good employment rate, so the qualification of the enterprise needs to be carefully confirmed;

4. The tripartite agreement is valid until the graduate goes to the employer, and the employer signs a formal labor contract with the graduate, and the tripartite agreement will be automatically terminated.

5. Graduates who sign a tripartite agreement will not lose their status as fresh graduates. However, once you sign a formal employment contract, you will lose your status as a fresh graduate. For students who have not graduated from their senior year, signing the contract and signing the tripartite will not affect the national and provincial examinations, and they can apply for the examination as fresh graduates.

Through the above, we can know that the tripartite agreement of graduates can not be signed, and if graduates sign a tripartite agreement, it cannot be easily replaced, otherwise they will face the penalty of liquidated damages. Did you get it?

Legal basis. Civil Code of the People's Republic of China

Article 471:When a party concludes a contract, it may take the form of an offer, acceptance or other means.

If you sign a tripartite agreement and do not want to go, the parties should bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. The tripartite agreement is the abbreviation of the "National Employment Agreement for Graduates of Puyidantong Higher Education Cave Shortage School", which is a written form of confusion about 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.

Graduates must sign a labor contract to sign a tripartite agreement, and the "tripartite agreement" does not have the legal effect of a "labor contract". The tripartite agreement will be terminated after the graduates report to the employer and the employer officially accepts the graduates, and then the employer will sign a formal labor contract with the graduates.

Labor Contract Law of the People's Republic of China

Article 10. If the establishment is bad, the labor relationship shall be established, and a written labor contract shall be concluded.

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.