Regarding the employment contract and the three parties, is the employment contract a tripartite agr

The probationary period is an observation period between the two parties, after the end of the probationary period, if one party does not agree, they cannot sign the contract, once the contract is signed, it is binding on both parties, and civil liability is required for violation.

Dear, you can go to the Inner Mongolia Talent Network to see, there are many cases about labor contracts, you can go to ** to see, maybe it will help you.

Legal analysis: 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.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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.

A tripartite agreement is not an employment contract. The tripartite agreement, simply put, is an agreement signed by the school, the student himself, and the employer on the implementation of the employment work of the graduates after leaving the school. In the past, the tripartite agreement had to be signed, but now it is not necessarily, and the tripartite agreement is only a reference indicator for the school's statistical employment rate.

What should be paid attention to when signing an employment contract.

In general, the following matters should be paid attention to when signing a labor contract:

1. The additional terms should be clearly understood. In the employment contract, there are generally some additional clauses, and the job seeker must ask the company to come up with the original text before signing, and after carefully reviewing and having no objections, it must be stamped and retained as a basis. It is necessary to carefully check whether there are any missing agreed matters or additional explanations, and those that need to be completed immediately must not be delayed;

2. Signing in person and stamping is indispensable. When a job seeker gets a contract, he or she should ask the company and its person in charge to sign and seal it in person with him, so as to prevent some companies from using the time of successive signing to modify the contract;

3. Numbers must be capitalized;

4. The conditions and time of the contract to take effect. Some contracts require registration in order to enter into force, and the timing relates to issues such as the duration of the interest and the renewal of the contract, which require due attention.

[Legal basis].Article 469 of the Civil Code of the People's Republic of China.

The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

With the popularization of legal knowledge, there are more and more occasions where contracts can be used, and signing contracts is also one of the best ways to avoid disputes. So what do we need to pay attention to when drafting a contract? The following is whether the tripartite agreement I have compiled is a labor contract, welcome to read, I hope you can like it.

1. Is a tripartite agreement considered an employment contract?

The tripartite agreement is not a labor contract, the "National Employment Agreement for Graduates of Ordinary Colleges and Universities", referred to as the "Employment Agreement", commonly known as the "Tripartite Agreement", is formulated by the Department of Higher Education Students of the Ministry of Education, and printed by the competent departments of education of various provinces and municipalities (autonomous regions).

A labor contract, also known as a labor contract or labor agreement, refers to an agreement reached between an employee and an employer (manager or employer) in order to determine the labor relationship and clarify the rights and obligations of both parties.

2. The differences between a tripartite agreement and an employment contract are:

1. The signing time is different. The tripartite agreement is signed during the student's time at the school, while the labor contract is signed after the graduate graduates officially report to the unit after graduation and departure.

2. The main body is different. Tripartite agreement. The main body is the three parties, namely the school, the graduates and the employer; The main body of the labor contract is two parties, namely the employee and the employer.

3. The content is different. The main content of the tripartite agreement is that the graduates truthfully introduce their own situation and express their willingness to work in the employer, the employer expresses its willingness to accept the graduates, and the university agrees to recommend the graduates and include them in the employment plan; The labor contract records the rights and obligations of the employee and the employer, and is the legal document for the establishment of the labor relationship.

4. The purpose is different. The tripartite agreement is a preliminary agreement between the graduate and the employer on the future employment intention, and is the basis for the preparation of the graduate employment plan and the conclusion of the labor contract between the two parties in the future. The labor contract is mainly to ensure that the legitimate rights and interests of the employee and the employer are duly protected after the establishment of the labor relationship.

5. The applicable laws are different. The formulation of tripartite agreements and the settlement of disputes are mainly based on the provisions of the State on the Employment of College Graduates, the Civil Law, the Contract Law, etc., while the conclusion of labor contracts and the settlement of disputes are mainly based on the Labor Law and the Labor Contract Law.

The tripartite agreement and the employment contract obviously do not mean the same thing, compared with the other party, the tripartite agreement is only an agreement between the three parties on the subsequent events, and does not constitute an employment partnership, while the employment contract is a specific definition of the relevant work content signed by the two parties. The employer shall sign an employment contract with the employee in a timely manner to avoid the need to pay double wages to the employee due to violation of relevant regulations.