100 points! Urgent question about the breach of the tripartite agreement!

Don't rush with ABC!

The tripartite agreement depends on what the agreement says ..When you really want to sign, sort out the problem and make a decision!

Addendum: If you are afraid that he will not issue you a letter of return. You should be picky in the agreement!

Keep adding! Before signing a tripartite agreement, it is necessary to carefully check the affiliation of the employer, and state organs, public institutions, and state-owned enterprises generally have the right to accept personnel. Private enterprises and foreign-funded enterprises need to be approved by the Personnel Bureau or the Talent Exchange Center before they can recruit employees, and their opinions must be signed on the agreement to be valid.

Fresh graduates should also have an understanding of the special regulations of different local personnel authorities. So there's no need to panic. Wait until the message is sent before signing!

That's it! That's right!

The tripartite agreement is a legal constraint for college students to go out of school and into society. Before signing the tripartite agreement, you should understand the rights and responsibilities between yourself and the employer. Know the duration of the agreement.

In the agreement, the position, treatment, working environment, etc. are not reflected Therefore. Graduates should first have a full understanding of the employer, carefully consider their rights and obligations, and weigh the pros and cons. Once a tripartite agreement is signed, it is subject to legal restrictions

Keep adding! If ABC wants you, it will definitely hurt and be angry. There's no way around it.

You can't have it both ways.

Rest assured! The boat will naturally go straight to the bridge, don't be afraid, he will give it to you according to the theory! Just do what you need to do now!

Because you don't get a graduation certificate, you won't sign a formal labor contract with the employer, and you can't talk about resignation. The only way to do this is to terminate the agreement and terminate the tripartite agreement.

However, if you want to find a second employer to sign a tripartite contract, you must first pay 5,000 yuan in liquidated damages to terminate the contract, and the school will give you a second tripartite agreement after getting the termination letter from the other party.

The tripartite agreement is an agreement signed by the school, the individual and the employer, which is generally signed within half a year before the graduation of college students every year, and the agreement period is from the day you sign the agreement to the day when the employer (company) reports, when you get the graduation certificate on June 25, it is generally in early July with the dispatch certificate issued by the school to report to the work unit, the tripartite agreement binding period will automatically end, and you must re-sign the formal contract with the company. The length of service is calculated from the day of registration, and at the same time, it has the status of a cadre. Before the student gets the graduation certificate, the employer will not ask you to go to work officially (at most, you can go to the internship).

1. Tripartite agreement and liquidated damages:

1. The tripartite agreement is not a labor contract, and liquidated damages cannot be stipulated;

2. If the employer signs a labor contract with the employee, it may refer to Articles 22, 23 and 25 of the Labor Contract Law of the People's Republic of China to stipulate liquidated damages;

3. About the tripartite agreement:

1) The tripartite agreement is the abbreviation of the Employment Agreement for Graduates and Graduates of Ordinary Colleges and Universities;

2) It 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;

3) The agreement shall be terminated after the graduates report to the unit (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. 2. The relevant provisions of China's "Labor Contract Law": Article 22 Where an employer provides special training expenses for a worker and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the service period.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer and the employee agree on the service period, it will not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism. Article 23 The employer and the worker may stipulate in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights. For employees who are 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 labor contract, the employee will 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. Article 24 The personnel subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel, and other personnel who have the obligation of confidentiality of the employing unit. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations.

After the dissolution or termination of the labor contract, the period of non-competition for the personnel provided for in the preceding paragraph to go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or starts their own business to produce or operate the same kind of products or engage in the same kind of business, shall not exceed two years. Article 25 Except for the circumstances provided for in Articles 22 and 23 of this Law, an employer shall not agree with a worker that the worker shall bear the liquidated damages.

The employment agreement for college graduates has legal effect once signed by graduates, employers and schools, and neither party shall terminate it without authorization, otherwise the breaching party shall pay the liquidated damages stipulated in the terms of the agreement to the party whose rights are damaged. However, the law does not support the part that exceeds 30% of the damage caused by the agreement. In addition to the liability for breach of contract and the payment of liquidated damages, the breach of contract by graduates will often cause other undesirable consequences, which are mainly manifested in:

1) The employer spends manpower, material and financial resources, participates in the talent exchange meeting, etc., and does a lot of work, and the later work of the hired personnel has been considered and arranged. (2) Employers often regard the default of graduates as lax management of the school, which affects the long-term cooperative relationship between the school and the employer. Now the buyer's market is highly competitive, there is no demand, and there is no employment for graduates.

With the expansion of colleges and universities, the number of graduates will increase, and the school, as one of the signatories, will not affect the overall interests and reputation of employment next year or even in the future for the benefit of a very small number of people. Article 107 of the Contract Law [Liability for Breach of Contract] 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.

If you do not terminate the tripartite agreement before getting the Bibai certificate, you need to pay 5,000 yuan of defaulted metal, which may also affect graduation.

The tripartite employment agreement is formulated on the basis of national laws and regulations on the employment of college graduates, and is valid for the period from the date of signing the contract to the time when the graduates report to the employer. An employment agreement is a tripartite contract, which involves three aspects, such as the school, the employer, and the student, and the three parties are related to each other but independent of each other.

If you want to breach the contract, it is best to get the graduation certificate, if it is in advance, some schools will suppress the graduation certificate, and if the liquidated damages are not paid, it will affect the file, I also want to break the contract, and I am quite depressed,

If you propose to terminate the contract now, you will definitely have to pay liquidated damages for plagiarism, and you will regret it later, bai is not as good as this, after getting the graduation certificate and signing the labor contract with the company, dao will work for a period of time during the probation period, and on the end date of the probationary period, 1 month in advance (calculate the time) to the company to terminate the labor contract, it should be possible to do without paying any liquidated damages, which is the best solution at present.

Supplement: The general amount of liquidated damages should not exceed the number of monthly income specified in the tripartite agreement, the liquidated damages are 5000, indicating that your basic salary is still very high (about 5k), if the unit is a foreign company or a joint venture, it is recommended to go to the company for an internship before graduation, you can have a few months of internship income, and then breach the contract, then, it is a big deal to give a month's salary to the unit, you can't lose much.

It's the same, because finding a job within one year of graduation is generally counted as dispatching, as long as it is a state-owned enterprise, an agency or a public institution, unless you are a general private enterprise, maybe you can.

The tripartite agreement is no longer in force after you report to the company. The probationary period is a period of mutual choice between the employer and the employee, and the employer has no right to claim liquidated damages if the employee resigns during the probationary period.

No, for sure!

1. If the school can open your dispatch card and registration card to your hometown, and transfer the file and personnel relations to your hometown: this tripartite agreement is not too binding on you, and the worst is that the company sues you for liquidated damages, but you have to go to your location to sue for liquidated damages.

2. If the agreement has been signed by the three parties but has not been filed with the labor and personnel department, it does not matter.

I wish you all the best, run well in the school first, transfer the files and household registration to your hometown first, and as for the company's affairs, we will see later.

1. In fact, in practice, there are not many cases where the company sues you in court for 3,000 yuan for liquidated damages, unless there are many people recruited at the same time, and the amount of liquidated damages is also larger, as you said: the company's practice is generally a card file.

2. If you don't consider the situation that the other party sues you in court:

1) The tripartite agreement shall be in three copies and shall enter into force when all three parties have signed it. You only have two copies of yourself and the school, and if the company has one copy and that one copy is signed by three parties, the agreement is already valid. You only have two copies that don't stop it.

2) "I told the school that I didn't find a job, and asked the school to send my file directly to my local staff": If the company doesn't communicate with the school in time, you may succeed. As long as your file is not sent to the location of the company in the tripartite agreement, it should be easier to do.

However, you will have trouble finding a job in the future and need to be reassigned: the tripartite agreement should be filed with the personnel department where the signing company is located, and the future reassignment requires the consent of the contracting company and the seal of the local personnel department.

It's not feasible because if you find a job in another organization, you still need a tripartite agreement. Otherwise, there is no way for the file to settle.

Whether the report is open or not, this is very important.

If it is not opened, report the loss directly to the school and get a new one.

As long as the report does not open this company, there is definitely no problem.

If the company you find has a file requirement, then you need to take care of this aspect properly.

Of course, there are quite a few companies that don't look at the file, at least the companies I have worked for before don't look at my file, only look at the work attitude and ability.