Fresh graduates have already signed tripartite agreements and employment contracts

If you sign an agreement, it's not illegal to charge you liquidated damages, which is the case in companies now.

Liquidated damages are normal, they should be collected, not illegal (stipulated), you should go through the procedures carefully, otherwise your integrity will affect you for a lifetime!

Don't lose the watermelon and pick up the sesame seeds

Legal analysis: The tripartite agreement refers to: the employment agreement for graduates and graduates of ordinary colleges and universities, and the generally said "employment agreement" is also it, which is only required to be signed when fresh graduates are employed for the first time.

The tripartite agreement is not an informal labor contract, and if you have signed the employment agreement but have not registered, you can negotiate with the company to terminate the contract, and make it clear that you can re-dispatch it when the time comes, so it will not affect the candidate's status as a fresh graduate.

Legal basis: "Education Law of the People's Republic of China" Article 11 The State adapts to the needs of the development of the socialist market economy and social progress, promotes educational reform, promotes the coordinated development, convergence and integration of all types of education at all levels, improves the modern national education system, improves the lifelong education system, and raises the level of educational modernization. The State shall take measures to promote educational equity and promote the balanced development of education.

A tripartite agreement was signed.

It's not a fresh graduate.

There will be a reporting unit to consider employment);

2. Whether or not social security has been paid (units with strict audits can check social security to see if they have a job);

3. Whether the school can be judged as fresh graduates.

Dispatch (the registration card is generally valid for 2 years, if it expires, and you are not working, you can go back to the school to reopen the registration card, and dispatch it according to the fresh graduates).

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, archives, insurance, and provident fund of fresh graduates.

A tripartite employment agreement is different from an employment contract. First of all, the tripartite employment agreement is uniformly printed by the Ministry of Education, mainly to clarify the basic information and requirements of the three parties. Secondly, the employment agreement is a tripartite contract, which involves three aspects, such as the school, the employer, and the student, and the three parties are related to each other but independent of each other; The employment contract is a contract between the two parties, which consists of the rights and obligations of both the employee and the employer.

Pay attention to the details of the tripartite agreement

First, it depends on whether the name of the employer filled in is consistent with the name of the valid seal of the unit, if not, the agreement is invalid; When filling in the name of your major, it should be consistent with the name of the major of the Academic Affairs Office of the school, and it should not be abbreviated.

Second, foreign enterprises, joint ventures, and private enterprises generally adopt a probationary period, which can range from 1 to 3 months according to the length of the contract period, and the probationary period is usually 3 months and shall not exceed 6 months. State organs, universities, and research institutes generally adopt a probationary period, which is usually one year.

Third, in order to retain students, many units have imposed high liquidated damages on students. Students should strive to minimize the liquidated damages during the negotiation, and usually the liquidated damages shall not exceed 5,000 yuan.

Fourth, the current graduate employment agreement is a "standard contract", but the "remarks" part allows the three parties to separately agree on their respective rights and obligations. In order to prevent employers from promising one thing and doing another, graduates can explain the leave, housing, insurance and other benefits agreed upon before signing the contract in the remarks column, so that they can protect their legitimate rights in case of disputes.

It is not mandatory for fresh graduates to sign a tripartite agreement. The tripartite agreement is a written expression that clarifies the rights and obligations of graduates, employers, and schools 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.

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 (5) Standardize management and improve the level of employment services (17) Appropriately extend the time for graduates to choose jobs. All localities and colleges and universities may, according to the circumstances, appropriately extend the employment contract time for Qinfu Luchang, and promptly handle employment procedures for graduates who have already confirmed their work units. It is necessary to cooperate with relevant departments to guide the postponement of interviews and admission times for employers in single halls, and postpone the time limit for registration and settlement of 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.