Ask for masters, about the graduation signing of the three way question

What details should graduates pay attention to when signing a tripartite agreement?

The duration of the probationary period

For some private companies, foreign companies, etc., there is a probationary period for graduates, and graduates should pay attention to the duration of the probationary period, which is usually 1 3 months, and the longest shall not exceed 6 months.

Some special government agencies, such as research institutes, colleges and universities, may have a longer probationary period for graduates, generally one year, which is called the probationary period.

Liquidated damages

If there is a high amount of liquidated damages in the graduate's contract, it must be agreed with the employer to either cancel the liquidated damages or reduce the amount of liquidated damages, which cannot exceed 5,000 yuan at most.

Fill in the information on the agreement

When filling in the information on the tripartite agreement, graduates must pay attention to whether the name of the unit filled in is consistent with the name of the actual seal, and the inconsistent agreement is an invalid agreement.

In addition, when candidates fill in their majors, they should pay attention to whether the name of the major they fill in is consistent with that of the school's academic affairs office, and graduates should remember that they must not use abbreviation.

More than 9 million students are about to graduate this year, which means that for these students, the employment situation is still not optimistic, and it is even more important for students to keep their eyes open and find good jobs.

The three agreements involve three subjects, and when the three agreements are signed, the prescribed steps must be strictly followed. After the unit has completed the filling and stamping, it will be signed and sealed in the school's employment guidance. (Some graduates have a weak sense of law, and after filling it out, they go directly to the school's graduation employment guidance to ask for a seal, so that when the unit fills it out, it may be different from what was promised in the past, but at this time all three have been signed, so they will return to heaven, either go against the grain and accept it, or they will not bear the amount of breach of contract.)

> the first three agreements are all "standard contracts", but for graduates, it is best to agree on the rights and obligations of both parties and the corresponding dispute resolution clauses with the employer in the "remarks" section. For example, the benefits such as vacation, housing, and insurance agreed upon before signing the contract can be explained in the remarks, so as to prevent the unit from saying that it is a trick.

According to the relevant laws and regulations of China's "Labor Law," foreign enterprises, private enterprises, and partnership enterprises may stipulate a probationary period of 1 to 6 according to the length of the contract signed. The probationary period and the probationary period can only be taken from them, and the salary standard must be two 80% within the duration of the contract. (It shall not be lower than 80% of the salary standard of other employees in the same position, and shall not be lower than 80% of the provincial minimum salary standard).

For fresh graduates, it is necessary to ask whether the capital is pre-tax or after-tax before signing the three, and the capital matters must be clear in the three, don't feel embarrassed, capital is the embodiment of value. Then, with regard to the type of social insurance to be paid by the unit, whether it is urban insurance or town insurance, if it is a town insurance, it is not necessary to deduct the part of the burden of the fund, and if it is an urban insurance, it is necessary to make it clear whether the part of the social insurance is included in the fund. Finally, it is necessary to confirm whether the housing reserve is included in the capital, and for those that are not explicitly agreed, the general capital includes the part of the housing reserve that is burdened, so that the unit will withhold and pay it when making the payment.

In short, it is necessary to ask questions clearly when signing the three agreements on capital matters, so as to avoid the phenomenon of shrinking the scope of post-employment salaries.

The above is the knowledge points related to the three agreements. After learning this, you will be able to know exactly what issues need to be paid attention to when signing the three agreements, and I hope this knowledge will be helpful to you.

Legal Analysis: The tripartite agreement at the time of graduation is not mandatory. A tripartite agreement is not the same as an employment contract.

It is only an employment intention signed between the graduates, the employer and the school, and the legal effect of the tripartite agreement will be terminated after the graduates report to the company and are officially accepted by the enterprise. The tripartite agreement is not mandatory, and students can choose not to sign it. The tripartite agreement is valid until the student signs a formal employment contract, and is automatically annulled after the student participates in the work and signs the employment contract.

Its function is to clarify the written expression of 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. Theoretically, if you sign a tripartite agreement, you can get an employment registration certificate, and the "employment registration certificate" is a necessary information for graduates to apply for civil servants, and it is also one of the requirements for cadre status. The fact that he has already participated in the work shows that he has signed a formal contract, so it no longer makes sense to go back to the school to sign a tripartite agreement.

Legal basis: Interim Provisions on the Employment of Graduates of Ordinary Institutions of Higher Learning》 Article 24 After the meeting of supply and demand and two-way selection, graduates, employers and institutions of higher learning shall sign an employment agreement for graduates as the basis for formulating employment plans and dispatches. Without the consent of the University, the Graduate shall not be able to enter into this specified agreement.

Derivative question: When will the tripartite agreement be signed? A: The tripartite agreement is signed before graduation.

Tripartite agreements, also known as employment agreements. Generally, it is before graduation, normally it is signed before June each year, so that you can get your dispatch certificate when you graduate. A tripartite agreement is a guarantee agreement before a formal employment contract.

If it is completely late to sign the agreement in May, it may affect the time of issuance of the registration card.

With the development of society step by step, agreements are used in many places, and agreements have legal force and establish a certain legal relationship. Don't have a clue when it comes to an agreement? The following is the tripartite agreement I helped you sort out after graduation, for reference only, you are welcome to read it.

Is the tripartite agreement signed after graduation?

No, only students who have not graduated will sign a tripartite agreement, and after graduation, they will sign a labor contract.

Extension: Considerations for entering into a tripartite agreement:

First, it depends on whether the name of the employer filled in is the same as that of the employer'The name of the valid seal is the same, if it is inconsistent, 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. However, the Labor Promotion Law stipulates that "for an employee who is obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the employment contract, the employee shall be compensated monthly during the non-compete period."

If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Except for the above two types of legal provisions, the employer shall not agree with the employee that the employee shall bear the liquidated damages. Therefore, students should strive to eliminate the penalty rule.

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.

Fifth, in order to increase their own employment rate, many colleges and universities force students to sign "false" agreements with acquaintances and relatives, which is unfavorable to graduates, and graduates should not give in.

Sixth, when students sign the agreement, they should strictly follow the prescribed steps. Wait for the employer to fill in and stamp, and then go to the school's career guidance center to get the visa stamped. Do not go directly to the graduate career guidance center of the school to ask for a seal after filling it out yourself.

As a result, when filling in the form, the salary and benefits of the employer are very different from those promised in the past. However, because they and the school have signed and sealed, the students are unable to recover. Either they will be submissive, or they will be forced to compensate the employer for breach of contract.

Graduates sign a tripartite agreement.

It refers to the signing of the employment agreement for graduates of ordinary colleges and universities in China.

1. Tripartite agreement:

The tripartite agreement is the abbreviation of the "National Agreement on the Employment of Graduates of Ordinary Colleges and Universities". It is a written expression that clarifies the rights and obligations of graduates, employers, and schools in the employment of graduates, and can solve the problem of fresh graduates.

A series of related issues such as household registration, files, smart search insurance, provident fund, etc. The agreement will be terminated after the graduate's pants are reported to the unit and the employer officially accepts it.

2. The role of the tripartite agreement:

The tripartite agreement is an agreement signed by the school, the student and the employer on the implementation of the employment of graduates after leaving school. The school will issue a certificate of registration (registration card, which is the calculation of personal length of service) according to the tripartite agreement.

At the same time, it also has the identity of a cadre.