Legal advice! On the issue of the tripartite agreement for fresh graduates

Your question is very similar to that of a friend of mine, he told me that he just asked others to add a few words to the contract, saying that the company agreed to terminate the contract, and then directly went to the school and said that the contract had been terminated, because the company did not have a contract to prove that the contract had not been terminated, anyway, he terminated it like this.

If the company has trained you, you may have to pay liquidated damages depending on the time you have served, otherwise you generally do not have to pay liquidated damages.

Tripartite Agreement shall not stipulate liquidated damages] In the graduation assignment of college students, the school signs the "Tripartite Agreement" with the employer and the college students, which is a method for the distribution of graduates by colleges and universities. The Tripartite Agreement is an employment referral and has the same legal status as the registration card, the letter of introduction and the letter of intent for employment from the university. The employment of college students shall be agreed upon by both parties to sign a separate Labor Contract, and the employer and college students belong to the scope of the adjustment of the Labor Law, and colleges and universities do not have the status of the main body of labor and employment, nor are they parties to the adjustment of the Labor Law.

The tripartite agreement can only stipulate the employment intentions of both parties, and the university shall not agree on any liquidated damages and liquidated damages on behalf of the university. Article 25 of the Labor Contract Law stipulates that "except for the circumstances specified in Article 22 (service period of special training) and Article 23 (confidentiality agreement) of this Law, the employer shall not agree with the employee that the employee shall bear liquidated damages." Therefore, universities are not allowed to stipulate liquidated damages on behalf of students in any agreement, and the liability for breach of contract stipulated in the Tripartite Agreement is invalid.

However, there is an exception for enterprises that provide grants, tuition fees, and living allowances for students.

The three are in your hands, what are you afraid of, and there is no penalty on it, and it is unreasonable for the company to ask for liquidated damages.

If your contract (agreement) does not have the signature and seal of both parties, there is no condition for the completion of the contract, so the contract is invalid. The school's claims are not valid.

If the tripartite breach of contract by the fresh graduate is an intentional violation of the agreement, resulting in the failure to perform the tripartite agreement, the company shall pay liquidated damages according to the liability for breach of contract agreed in the tripartite agreement, or negotiate with the company to settle the matter.

After the old tripartite agreement is terminated through legal channels, the school will re-issue the tripartite agreement to facilitate students to sign the tripartite agreement and ensure the smooth employment of students.

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.

Hehe, coincidentally, I just terminated the tripartite agreement. There are two ways, the first is to ask Company A to issue a certificate proving that you have terminated the tripartite agreement with their company, and then you can take the certificate back to the school to find a counselor to handle a new one. As for the liquidated damages, they will be indicated on the tripartite agreement, and if not, there is no need to pay them.

If so, either you have to pay or you have to use the second option. Engrave a fake official seal of the company and make a fake cancellation certificate.

I'm in the same situation, I explained the situation to the department of the school, and the department gave me this certificate, but when I went to the school's career guidance office, I just didn't give it, and I said that I ruined the new three parties of you, and I was also very hesitant The second is the recruitment examination of the public institution, and I may not be able to pass the exam, so I can't break the contract with the first one now, what should I do?

Truth be told, the school will give you a second copy, and a lot of people in our school do.

1.According to national regulations, the tripartite agreement shall take effect from the date of signature between the employer and the individual, and if the contract is broken, it will also need to bear the corresponding legal liability. But now that you have all three agreements in your own hands, you can lie to the school that you have lost them and apply for another one.

If you tell the school directly that you want to break the contract, you are worried that the school will not be too willing (this also depends on the specific situation of each school).

2.There are two situations when you go back to school to apply for a new tripartite, first, admit that you have signed a tripartite, then you need to negotiate with the unit that has been signed, and the unit will issue a letter of return (as for liquidated damages, it depends on whether the unit cares), and some schools also require a letter of acceptance from the new unit, and get to the school career guidance center to request the opening of a new tripartite. Second, if you lie about losing the third party, you will directly propose to the teacher in exchange for a new third party, and the teacher will tell you how to get it (some schools will need to pay a little fee for the new third party, but it is not much).