Is it legal to sign a training agreement without signing an employment contract?

Not contractual. 1. The new employer does not require you to sign a tripartite agreement, usually the employer does not actively ask you to sign a tripartite agreement, because the tripartite agreement is actually a contract issued by the school. If the new unit wants you to sign a tripartite, you can say that the school is currently promoting the online signing agreement, and the operation is more complicated and not yet complete, etc., ask if you can sign a contract between the two parties, indicating that your employment intention is very certain.

2. Since you can pay compensation, things are much easier to operate. You sign a three-way contract with the old unit first, and wait until the new unit agrees to terminate the contract.

3. Your school's approach is not right, the employment rate of colleges and universities includes the termination of the contract, that is to say, you signed the three parties do not agree, change to another one, although there is also an employment rate, but the previous termination should also be counted, the school employment rate will decline, so the school said that it does not agree to terminate the contract, if you want to trouble them, you can be more serious with them, and the change is absolutely okay and in line with the law.

4. Don't directly say to the new unit that you don't sign a three-party agreement, which will doubt your loyalty, find another reason, the school and the teacher can do it.

Your situation is not very clear:

1. First of all, we must make it clear whether you are a fresh graduate in 09, if so, the easiest way is to sign a contract with the new unit, and the tripartite agreement of the old unit is temporarily ignored (you can not go to the school graduation defense), wait until the day of graduation, report to the old unit, and resign the next day.

Because the effect of the tripartite agreement is only until you report to the unit, because you are about to sign the contract when you come to the company, the validity of the tripartite agreement will naturally terminate and be replaced by the contract.

2. If you have not graduated at present, it is disputed that the new employer will sign a labor contract with you. There are legally differing opinions on this. Some people believe that college students who have not graduated do not have the nature of a contract subject and cannot sign a contract.

There are also those who believe that a contract must be signed as long as the de facto employment relationship exists. Since there are also units and students who sign labor contracts for different purposes, it is not a big problem as long as there is no dispute between the two parties.

3. By the way, your school's approach is not right. Fresh college graduates can be reassigned, as long as the employer, the personnel department at the higher level of the employer, and the school agree. Your school is trying to increase the employment rate, it's too dark.

Also, you have to make it clear whether there is a provision for liquidated damages in the tripartite agreement, if there is no best, if there is any, you may have to compensate.

4. In short, it is definitely not legally right to sign two at the same time, but the people do not raise officials and do not hold them accountable, as long as the old unit does not find trouble, there is no problem.

5. Your file and account will go with the tripartite agreement, and you can take the first approach. If the employer has a probationary period, you can leave with three days' notice, and then take your file and household registration. There is no probationary period one month in advance.

Of course, if you eat and drink with the people in charge of personnel in the old unit, these things don't exist anymore.

An employment contract is an employment contract and has no particular relationship with training.

A training agreement is a training agreement, but it must be linked to an employment contract: that is, there is a labor contract before there can be a training agreement; Businesses can't take words out of context.

Therefore, it is illegal and unreasonable for an enterprise not to require the signing of a training agreement without signing a labor contract.

It is okay to sign a training agreement, but it is not legal to pay the training fee.

Legal analysis: If the employer has paid for the training of the employee, and the employee violates the service period, the employer may require the employee to bear the liquidated damages for the unfulfilled period, but if the employer fails to sign the contract in accordance with the law, the employee may claim that the employer shall pay twice the salary of the unsigned contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal Analysis: No Labor Contract Training Agreement is valid. The employer did not conclude a labor contract with the employee, but concluded a training agreement, agreed on the service period, and conducted professional and technical training.

If an employee violates the agreement to pay money, he or she shall pay liquidated damages, but the amount of liquidated damages shall not be higher than the actual training expenses of the employer during the period of unfulfilled performance. If the training agreement signed by the employer meets the requirements of the employment contract, it may be deemed to have concluded the employment contract. If the requirements of a labor contract are not met, it is a situation where a labor contract has not been concluded.

If an employer fails to conclude a labor contract for five months, it may claim double the salary for four months.

Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

Legal analysis: If you regret signing the labor contract and training agreement, you can only propose to terminate the contract. However, whether to pay liquidated damages for the termination of the contract shall be subject to the agreement of the contract at that time.

Legal basis: Labor Contract Law of the People's Republic of China

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 17 An employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

If the employer has paid for the training of the sedan car workers, and the employer violates the service period agreement, the employer may require the employee to bear the liquidated damages for the period of non-performance, but if the employer fails to sign the contract in accordance with the law, the employee may claim that the employer shall pay twice the salary of the unsigned contract.

In general, the training agreement is effective in destroying the burner. The probationary period contract is actually an employment contract, and it is also valid. It is illegal for an employer not to conclude a labor contract and not pay social insurance premiums, and you can resign and ask it to pay double the difference in wages for not entering into a labor contract, and you can also ask for economic compensation.

In this case, you have your reasons, and the employer thinks that it has a training agreement, but I think that you have terminated the labor relationship in accordance with the law, and the employer's reason for claiming compensation from you cannot be established.