Whether the tripartite agreement is valid for the graduates

I signed a tripartite agreement with a company, but then I found out that there was a subject that I had not passed, so I had to complete the course this year. (Graduation certificate and degree certificate can be repaid next year).

Actually, I don't really want to go to this company now, but I heard from my classmates that I don't meet the conditions, so I don't have the right to choose whether to go or not (because the contract breaking fee is 20,000 yuan, which is too high, so it is impossible to break the contract), and the company can choose whether to break me or not.

Second, now the company said that I should report first, but because I didn't use the project to do it, the company said that I would take 2 months off and let me go home. But I think the company is maliciously delaying and letting me try it out in two months, and it won't sign anything with me now, so I have a tripartite agreement and an employment contract in his hands. In this way, he can suddenly inform me that "you don't need it" in 5 months, and I can't look for any other jobs in those 5 months, because I signed with them first.

I would like to ask if the company has the right to take a tripartite agreement, but not let me go, and then call me over when there is a project, like a temporary worker, or fire me before I go, and I can waste my time in this time. When I signed the labor contract, I had to sign it.

Is the tripartite agreement legally binding?

The Tripartite Agreement for Graduates is the abbreviation of the 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 process of graduates, and can solve a series of related issues such as household registration, files, insurance, and provident fund for fresh graduates. It will be terminated by the employer after it is formally accepted. 1. The tripartite agreement is different from the labor contract.

The tripartite employment agreement is uniformly printed by the Ministry of Education of the People's Republic of China, mainly to clarify the situation and requirements of the three parties. The designation of tripartite employment is based on national laws and regulations on college graduates. The validity period is from the date of signing the contract in the state to the time when the graduate reports to the employer.

2. The labor contract will be signed after graduation and registration, and the employment agreement is a tripartite contract. It involves three aspects: the school, the employer, the student, etc., which are interrelated but independent of each other. The employment contract is a two-party activity.

It consists of the rights and obligations of both the employee and the employer. 3. Graduates are still students when they sign the employment agreement. However, when signing the labor contract, it should be the status of a worker congratulating the movers.

Once an employment contract is signed, the validity of the employment agreement shall be forfeited. If there is any contradiction between the content of the labor contract and the annex of the tripartite agreement, the labor contract shall prevail.

The tripartite agreement is a written expression of the rights and obligations between the graduates, the employer and the school in the employment of graduates.

This Agreement shall come into force after the signature or seal of the three parties, and shall come into force after the effective conditions agreed in the Agreement are met. To put it simply, you have signed a tripartite agreement with the employer, the employer and the school have already stamped it, and you have handed over the school's copy to the school, which means that your tripartite agreement has taken effect.

The tripartite agreement shall be terminated after the graduates report to the employer and are officially accepted by the employer with the "National Employment Registration Certificate for Graduates of Ordinary Colleges and Universities" or the "National Graduate Registration Certificate".

Employment agreements vs. tripartite agreements.

Regardless of the major you graduate, mastering the relevant rights and obligations, contract formation, performance, modification, termination and dissolution provisions in the Labor Law can not only request the employer to make corrections in a timely manner, but also prevent problems before they occur.

In order to fully implement the Ministry of Education's policy of taking social needs as the training goal and employment-oriented, and establish a teaching model of "demand, training, practical training, and employment", so that graduates can apply what they have learned, this association was signed through consultation between both parties A and B.

Discuss. The employment agreement is the abbreviation of the "National Employment Agreement for Graduates of Ordinary Colleges and Universities", which is a written agreement reached between graduates of ordinary colleges and universities and employers before formally establishing the labor and personnel relationship, through two-way selection, within the specified time limit, and clarifying the rights and obligations of both parties. An important basis for the preparation of employment plans and the employment settlement procedures for graduates.

It will take effect after the signature of the school, the employer and the graduate.

1. In the process of signing the tripartite agreement, graduates should pay attention to the rights and obligations agreed by the employer, especially the agreement on liability for breach of contract.

2. The tripartite agreement is the abbreviation of the "Employment Agreement for Graduates of Ordinary Colleges and Universities", which is a written manifestation of the rights and obligations of the three parties in the employment of graduates, and can solve a series of related issues such as household registration, files, insurance, and provident fund of fresh graduates.

3. The tripartite agreement shall be terminated after the graduates report to the unit and are officially accepted by the employer with the "National Employment Registration Certificate for Graduates of Ordinary Colleges and Universities" or the "National Graduate Registration Certificate".

This Agreement shall come into effect after the three parties sign or seal it, and shall come into force after meeting the conditions for the entry into force agreed upon in the agreement. To put it simply, you have signed a tripartite agreement with the employer, the employer and the school have already stamped it, and you have also handed over the school's royal shortage to the school, which means that your tripartite has taken effect.

If the tripartite agreement is mainly for students, units and schools, when all three parties sign and the unit seals and confirms, the tripartite agreement will take effect, good luck.

Graduate Employment Agreement for Graduates of Ordinary Colleges and Universities" is referred to as the Tripartite Agreement for Graduates. The tripartite agreement is a written expression of the rights and obligations between the graduates, the employer and the school in the employment of graduates.

If it is invalid, the period from the date of signing the contract to the end of the graduate's report to the employer. In this regard, the tripartite agreement is still valid after graduation, but under normal circumstances, after graduation, it is reported to the employer and the employment contract is signed with the graduation certificate, and the tripartite agreement will naturally become invalid.

The tripartite agreement shall be terminated after the graduates have officially received the graduates' digital registration (with the "National Employment Registration Certificate for Graduates of Ordinary Colleges and Universities" or the "National Graduate Registration Certificate") and the employer's formal acceptance.

An employment agreement can only take effect after all three parties agree to sign it, otherwise it has no legal effect.

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

The tripartite agreement shall be terminated after the graduates report to the employer (with the "National Employment Registration Certificate for Graduates of Ordinary Colleges and Universities" or the "National Graduate Registration Certificate") and the employer officially accepts it.

Pay attention to the details when signing a 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 dig foundation reeds, judge universities, and research institutes generally adopt a probationary period, usually one year.

Effective. If the graduate defaults, he or she must negotiate with the original employer to return the agreement and exchange it for a new agreement.

After the graduates report to the employer, the tripartite agreement will be terminated, and the employer will sign a formal labor contract with the employee, which stipulates the probationary period, service period, salary and other benefits of the employee in the employer, etc., and after the contract is signed, the two parties will formally determine the employment relationship.

In the event of a tripartite agreement dispute, it can be handled with reference to the spirit of the provisions of the Labor Contract Law on the rights and obligations of both parties during the probationary period. The reason why the probationary period is called probationary period is that both the employer and the employee can check whether the other party meets their own requirements during this period, and both parties have a relatively free way to terminate the contract.

1. Can I not go after the third-party agreement is signed?

If you sign a tripartite agreement, you can not go, but you will accept a certain amount of liability for breach of contract.

The tripartite agreement is the abbreviation of the Employment Agreement for Graduates and 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, files, insurance, and provident fund of fresh graduates.

1. The tripartite agreement is a written form of expression that clarifies the rights and obligations of graduates, employers and schools in the employment of graduates, so as to solve a series of related issues such as household registration, files, insurance, and provident fund of fresh graduates.

2. The agreement shall be terminated after the graduates report to the unit and the employer officially accepts them.

3. Therefore, the tripartite agreement is only an employment intention signed between the graduates, the employer and the school, not a legal document of labor relations, and has no binding force on the labor relationship. ＿

If the employee reports to the unit that has signed the tripartite agreement and resigns after signing the labor contract, the employee has the right to choose his own job, and the employer will be deemed valid after one month if the employer does not reply, and then he will be employed in the unit he wants to go to. Of course, the tripartite agreement can also be terminated after paying the liquidated damages as agreed in the allocation agreement, and the tripartite agreement with other units can be re-signed.

2. What are the consequences of the breach of the third-party agreement?

Breaking the contract will have the following consequences:

Once the tripartite agreement is signed by the graduates, the employer and the school, it has legal effect, and neither party may terminate the contract without authorization, otherwise the breaching party will have to pay the liquidated damages agreed in the terms of the agreement to the party whose rights are damaged. In addition to the liability and payment of liquidated damages, there are also provisions on the handling of defaulting graduates.

Graduates must bear the liability for breach of contract in case of breach of contract, and can only re-sign the contract after obtaining the consent of the employer and paying the liquidated damages. When the graduate re-signs, 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.

What legal issues need to be paid attention to when signing a tripartite agreement?

Does the tripartite agreement have the force of law?

Generally speaking, a tripartite agreement is an agreement of intent signed between the graduate and the employer as a witness by the school, which has legal force but cannot replace the employment contract. The legal effect of the tripartite agreement shall terminate upon the graduate's report to the employer. If the employer violates the provisions of the tripartite agreement, the graduate can pursue the employer's liability for breach of contract with the help of the university.

Can more than one tripartite agreement be signed?

Even if it is an agreement of intent, it should not be signed in multiple copies. The reason is that there is often a clause in the intentional agreement that the breaching party cannot be held liable for breach of contract due to the non-signing of a formal employment contract, and the breaching party may be held liable for breach of contract accordingly.

In addition, graduates should try their best to write the company's commitments such as vacation, housing allowance, household registration, insurance, etc. in the remarks column. After the graduates register, the employer will sign a formal employment contract with them, and the employment contract will generally be filed with the local labor administrative department as the basis for the formation of employment relations between the two parties.

What is the difference between a tripartite agreement and an employment contract

The lawyer said: First, the purpose of the tripartite employment agreement is to count the employment rate of graduates, while the labor contract is to clarify the rights and obligations between labor and management; Secondly, the tripartite agreement is generally uniformly printed by the education department and exists as a pre-contract for the labor contract, which binds the period from the date of signing the contract to the time when the graduate reports to the employer. The labor contract is limited and protected by the Labor Law and the Labor Contract Law; Thirdly, if the tripartite agreement does not explicitly stipulate the content of the labor contract in the supplementary clauses, it can only be regarded as a pre-contract signed by the parties and does not have the legal effect of the labor contract.

Is it legal for the unit to propose two probationary periods

Lawyer's statement: This situation is illegal. According to the second paragraph of Article 19 of the Labor Contract Law of the People's Republic of China, the same employer and the same employee can only agree on a probationary period once.

After the tripartite agreement is signed, graduates can negotiate with the employer on the specific content of the labor contract, which is the product of negotiation between the two parties, and neither party may impose its will on the other party. If you think that the probationary period clause is illegal or unacceptable, you can find another job without signing the "Employment Contract" with the employer.