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The contract is valid and does not violate the mandatory provisions of the law, as long as both parties sign and seal, there is no problem.
Tripartite Employment Agreement.
This is different from an employment contract.
Once the tripartite agreement is signed, it means that the first job of the college student is basically determined.
Fresh graduates.
Pay special attention to the contract. Before signing a tripartite agreement, college students should carefully check the affiliation of the employer, and state organs, public institutions, and state-owned enterprises generally have the right to accept personnel. In order to correctly understand and use the tripartite agreement, students should start from four aspects:
First, uniqueness, that is, the graduate student shall not hold more than one tripartite agreement, if the student signs more than one tripartite agreement, in the event of a conflict, the first agreement shall prevail;
Second, the time limit for legal effect, the legal effect of the tripartite agreement will be terminated after the graduates report to the employer;
Third, liquidated damages in the tripartite agreement.
It must be agreed upon by the graduate and the employer after negotiation, and the amount of liquidated damages must comply with the relevant regulations of the employer's location.
Fourth, in the remarks column, graduates should try to make commitments to the unit, such as vacation, housing allowance.
The remarks column is clearly written into the remarks column for settlement of account and insurance, but the reality is that more than 90% of the tripartite agreements are blank in the remarks column. Among the three parties involved in the tripartite agreement, the two parties who really fulfill their responsibilities and rights are the employer and the graduates, while the school only acts as a witness unit and does not assume any responsibility.
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It definitely works. As long as the school, college, unit, 3 chapters are complete.
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As long as there is a seal of the company and a legal person seal or signature, it is valid.
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Looking specifically at the tripartite agreement, there are generally provisions, although the tripartite agreement is not a formal contract, but it has the same legal effect as the contract, and must be complied with.
As long as one party violates the law, it is necessary to pay the other party liquidated damages.
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Although the tripartite agreement is not a formal employment contract, it is also protected by law.
Therefore, after signing the tripartite agreement, if you want to break the contract, you need to negotiate with the contracting unit as soon as possible
On the one hand, it is to inform the unit of personal wishes in a timely manner, so that the unit can continue to recruit personnel for relevant positions.
In addition, the tripartite agreement stipulates the amount of liquidated damages, so active communication will help to minimize the amount of liquidated damages.
Note: Even if there is no liquidated damages in the tripartite agreement, the contract must be terminated with the employer in a timely manner. One is professionalism, and the other is that some graduates fill in the address of the registration card in the unit.
In the later stage, if you want to change the registration card, you still have to go through the unit. Therefore, there must be an overall plan for handling things.
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1.Signing contracts prudently, honest and trustworthy; 2.Fill in the required specifications, and the name of the employer or school is generally not abbreviated; 3.
The remarks of the tripartite agreement are supplementary terms negotiated between the three parties or both parties (graduates and recruiters), which also have legal effect, please fill in carefully; 4.Some employers do not have independent personnel rights, and need the signature and seal of the superior unit with personnel rights to which they belong. Such as:
After the kindergarten and primary and secondary schools are signed, they also need to be signed by their management departments (local education bureau or human resources and social security bureau); 5.After reporting to the employer, graduates are required to sign a formal labor contract with the employer, and the tripartite agreement cannot replace the labor contract. 6.
Before signing a contract, it is best to ask the school teacher or employment department in advance to find out the necessary precautions. As for salary, I don't think it's necessary for fresh graduates to negotiate with employers. In the absence of proof of your worth, the salary can only be a level set according to the rules or practices of the employer.
Only after you work and prove your ability and value with your achievements, can you have the qualifications and conditions to negotiate salary. Salary negotiation is generally only available to people with work experience, and fresh graduates generally do not need to discuss with HR on this issue.
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No, you can't go.
If you only sign the admission notice sent by the company, you do not send the tripartite agreement to the employer. The agreement has not yet been implemented, there are no consequences, and you have the right to waive it.
Before the real determination of the labor relationship, you can choose to go to other units, the offer letter does not mean the establishment of the labor relationship, because you did not start to work, so there will be no legal responsibility, you just need to hurry up to say hello to this unit, so as not to delay them to find other suitable people.
How to respond to an offer letter.
1. If you want to accept this offer, then you should pay attention to the following points when replying to this employment email:
1. Politely express that you have received the email, and thank the other party for sending this email;
2. The tone is calm, neither humble nor arrogant, and it is enough to express clearly what you want to say, and you can not be verbose;
3. If you have any objections to the company's requirements, such as the entry time, etc., it is recommended to communicate with the entry contact person first, discuss an entry time, if you can change the entry time, please modify the entry time and then send an entry email to you, or the manpower does not send an email, make a note, and write the change;
4. If you have any objection to the materials required by the company, please raise reasonable questions, speak calmly, put forward your current situation, and discuss whether you can supplement the materials or replace them with other materials.
2. If you do not accept this offer, please also reply to an email explaining the situation
1. Politely express that you have received the email, and thank the other party for sending this email;
2. Explain that you can't accept the offer and the reason, the tone is calm, not humble or arrogant, just express what you want to say clearly, and don't be verbose;
3. Don't speak ill of you, don't pour negative energy;
4. Thank you and other kind words at the end.
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