Ignoring the consequences of not reporting on the tripartite agreement and how to do it

I don't know if you consulted with your school's employment office. If the tripartite agreement is stamped by the unit and the school, your registration card (dispatch card) has been confirmed, and your file and household registration will fall to the acceptance office designated by your unit after you graduate, which is the talent exchange center you said. But if you don't want to go to work, you can still do it.

If you want to take the postgraduate examination, you may wish to coordinate with the unit, and if the unit insists on asking for liquidated damages, you will not be able to escape from the law. But generally speaking, defaulted metals are dispensable to the unit's financial accounts, and if you have a better attitude, it shouldn't be difficult for you. If you do not pay liquidated damages, the employer has the right to sue you, although the general employer is not willing to sue.

As for the matter of the hukou file, you don't have to worry, once you settle down in the talent, it will not affect your postgraduate entrance examination, and you can withdraw the file or transfer the hukou at any time, which is the right of citizens.

Ignoring the three parties and not reporting it means that you have done nothing, and of course there is no trouble.

So I want to ask you what about your job? In fact, I don't know what you want, find a good unit, sign the three parties, transfer the file, and call it later.

You can change the book, the files will not be transferred until you graduate, and it is too late to change now, but the liquidated damages are probably indispensable.

A tripartite agreement was signed, and not reporting it was considered a breach of contract. If there is a clause on liability for breach of contract in the agreement, the parties need to bear the corresponding liability for breach of contract; If there is no agreement, the parties may be required to bear the responsibility of the breaching party after consultation and may also be exempted from liability for breach of contract.

[Legal basis].

Article 24 of the Interim Regulations on the Employment of Graduates of Ordinary Colleges and Universities.

After meeting and choosing between the two directions, the graduates, the employer and the institution of higher learning shall sign an employment agreement for the graduates, which shall be used as the basis for formulating employment plans and dispatches. Without the consent of the school, the agreement signed by the graduate is invalid.

Article 577 of the Civil Code.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578.

If one of the parties expressly states or uses its own behavior as an indication of non-performance of its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period.

Legal Analysis: Will bear the liability for breach of contract. In the event of a breach of contract, graduates must bear the liability for breach of contract, and can only re-sign the contract after obtaining the consent of the employer and paying the liquidated damages.

When a graduate defaults, he or she must complete the termination procedures with the original contracted unit (with a written return letter from the original contracted unit and pay the liquidated damages), and then return the original agreement to the Enrollment and Employment Office in exchange for a new agreement.

Legal basis: Article 136 of the Civil Code of the People's Republic of China Civil juristic acts shall take effect upon establishment, unless otherwise provided by law or otherwise agreed upon by the parties. The perpetrator must not modify or dissolve the civil juristic act without the consent of the other party except in accordance with the provisions of law or without the consent of the other party.

Summary. The tripartite agreement cannot be invalidated immediately after it has been reported. The tripartite agreement is valid for:

During the period from the date of signing the contract to the time when the graduate receives the graduation certificate and the official registration at the unit, the graduate will sign the labor contract after reporting. Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded 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. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

The tripartite agreement cannot be invalidated immediately after it has been reported. The validity period of the tripartite agreement is: from the date of signing to the period from the date of signing to the time when the graduate receives the graduation certificate and the time when the graduate officially registers with the unit, and the graduate will sign the labor contract after reporting.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded 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 a labor contract is concluded with an employee before employment, the labor 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.

I haven't gotten my diploma yet, but I've come to the company to report.

It doesn't feel like the job right now.

Do I need to pay a penalty if I leave now?

If the liability for breach of contract stipulated in the tripartite agreement is to pay liquidated damages, if one party breaches the contract after signing the tripartite agreement, it needs to pay liquidated damages. If the tripartite agreement does not stipulate that the state is not agreed, there is no need to pay liquidated damages.

What about my current situation.

What does it belong to. See if your tripartite agreement has liquidated damages or something like that.

Yes, there is. If there is a liquidated damages, l

Then walk away.

Legal analysis: If a tripartite agreement is signed, it will not be regarded as a breach of contract, and if there is an agreement, it is necessary to pay liquidated damages.

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

Article 577:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall be held liable for breach of contract such as continuing to perform on suspicion, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where a party fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment.

If students do not sign the tripartite agreement, Ling Chongming may affect the employment rate of the school, but it will have no impact on the students themselves. The school is not allowed to go through the graduation procedures for the student on the grounds that the student does not sign the contract. As long as the student meets the graduation requirements, the school must go through the graduation procedures normally.

Article 577 of the Civil Code: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.