Can I get the employment agreement back, and do graduates have to sign the employment agreement?

I understand your employment agreement as a tripartite agreement.

1. If there is a statement in the agreement on the issue of liquidated damages, then you have to pay liquidated damages if you want to come back, and the employer has incurred expenses in the process of recruiting you, and you have to pay liquidated damages if you breach the contract, which is not unreasonable.

2. It is recommended that you explain your reasons to the HR of the unit, and generally say that you think this opportunity is very good and you want to cherish it, but you want to give up this opportunity due to personal reasons.

3. Find your teacher or counselor, someone from the employment office, give you a new agreement, you can cut off the barcode on the old agreement and paste it on the new one.

4. Don't lose the barcode on the old agreement, it's very troublesome to make up.

I hope it will be useful to you, and I wish you a job as soon as possible.

I come: 1. There is no liquidated damages for employment, and there is legal support. You don't have to worry about liquidated damages in your case.

2. It's hard to say whether the employer can send it back to you. It's a moral issue. After all, there are fees.

3. If you don't go now, you won't sign a labor contract.

4. If you get a new one, you can wait until June next year to get a new one from the school's employment office.

In this way, you first negotiate with the original unit, if you don't want to send it to you, then forget it, you can discuss with your counselor, apply for a lost one, if you have already signed the original to the school, then your employment agreement only has one number, so this method is still possible, and the situation of liquidated damages generally will not appear!

It is not mandatory for recent college graduates to sign an employment agreement. Some schools will provide a tripartite agreement, as well as the transfer of the student's file after graduation and the issuance of a dispatch certificate. A tripartite agreement is not equivalent to an employment contract, it is a kind of "letter of intent for employment", so it does not affect future job searches.

Therefore, there is no provision that requires fresh graduates to sign an employment agreement or employment contract. Principles for the conclusion of employment agreements.

Principle of subject legitimacy:

The parties to the employment agreement must have the legal qualifications of the subject.

For graduates, it is necessary to obtain graduation qualifications, and if the students do not obtain graduation qualifications at the time of dispatch, the employer can refuse to accept them without bearing legal liability. As far as the employer is concerned, the employer must have the ability to engage in various business or management activities, and the employer should have the plan and autonomy to hire graduates, otherwise the graduates can terminate the agreement without being liable for breach of contract.

Principle of Equal Consultation:

The parties to an employment agreement have equal legal status at the time of entering into an employment agreement, and one party may not impose its will on the other. Schools are also not allowed to use administrative means to require graduates to work in designated units (excluding graduates with special circumstances), and employers should not require graduates to pay excessively high amounts of risk money or security deposits when signing employment agreements. The rights and obligations of both parties should be identical.

In addition to the content of the agreement, if there are other agreed matters between the two parties, they can be in the agreement"Remarks"The content is supplemented and determined.

Graduates are not required to sign an employment agreement and are not mandatory.

The school requires the signing of an employment agreement to help students better understand the work they are going to do and protect their rights and interests. If the school signs an employment agreement for the student, the student can obtain detailed information about working conditions, salary, insurance benefits, working hours and other aspects, so that he or she can better understand the job and protect his or her rights.

However, it is not mandatory to sign an agreement on late manuscripts, and students should weigh the pros and cons before signing it, and should not blindly follow and make rash decisions. You can negotiate with the employer to see if you can change or modify some unfavorable terms so that you will not fall into a disadvantageous situation after signing. After all, signing the agreement is a process of negotiation between the two parties, and both parties need to negotiate on an equal footing.

In addition, there is a certain legal basis for the school to require the signing of an employment agreement. According to Article 15 of the Labor Contract Law of the People's Republic of China, an employer and an employee shall conclude an employment contract in writing in writing and shall conclude it before the expiration of the probationary period.

Therefore, both the employer and the school need to use the employment agreement as a mutually recognized agreement, in order to ensure that the work is more standardized, stable and legal, and achieve a win-win situation for both parties.

The role of the employment agreement:

1. Standardize labor relations.

The employment agreement provides a standard contract template to standardize the employment contract between the employer and the graduate, and protects the rights and obligations of both parties.

2. Clarify labor relations.

The employment agreement stipulates the work content, salary and benefits, working hours and other relevant terms of both parties, clarifies the employment relationship, and reduces potential confusion and conflicts between the two parties. By clarifying the labor relationship, the labor relationship between the two parties can be fully guaranteed, ensure the stability and smoothness of the work between the employer and the graduates, and achieve the goal of win-win cooperation in the future cooperation.

3. Safeguard the rights and interests of workers.

The employment agreement stipulates the protection clauses for the rights and interests of the workers, provides corresponding protection for the workers during the working period, and protects the legitimate rights and interests of the workers. Safeguarding the rights and interests of workers is the social responsibility and obligation of enterprises or employers, and safeguarding the legitimate rights and interests of employees can improve the enthusiasm and work efficiency of employees, and provide guarantee for the development of enterprises or employers in the market.

4. Supervise the employer.

The employment agreement stipulates the relevant rules and regulations and prohibitions of the employer, strengthens the supervision and regulation of the employer, and ensures the safety and health of the working environment of the employees.

If the employment agreement refers to a tripartite agreement between the school, the employer and the graduate, it does not have to be signed, and the agreement is voluntary. If it refers to an employment contract between the employee and the company, it must be signed. The employee and the company shall enter into a written labor contract within one month from the date of the search for work.

According to. Article 10 of the Labor Contract Law of the People's Republic of China.

To establish a labor relationship, a written labor contract shall be concluded. 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 82.

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Generally speaking, the employment agreement should be signed in strict accordance with the following procedures: the graduate and the employer shall determine the employment intention on the basis of meeting the supply and demand and two-way selection The graduate shall fill in his basic information and sign the content of the agreement in the presence of both parties The receiving unit and the competent department shall fill in the basic information and seal it or the receiving unit and the personnel department shall sign the opinion and seal The graduate shall return to the department with the agreement and seal it shall be handed over to the Graduate Employment Guidance Center of the Institute for summer examination and stamped (pay the visa fee) The Graduate Employment Guidance Center will send the employment agreement to the provincial education department for visas, pay the fee and seal it, and the Graduate Employment Guidance Center will return the agreement to the unit and the graduates, prepare an employment plan, and issue a registration card. After the graduate and the employer reach an agreement, the details of the signing procedure:

1. Graduates should fill in the basic information and application opinions carefully and truthfully, and sign them. 2. The employer, the competent department and the personnel allocation department sign the opinion. 3. The employer must fill in the detailed transfer address of the file.

4. Sign opinions of each faculty. 5. The school signed the opinion on the lead industry guidance center. 6. Provincial Employment Guidance Center visa.

It should be noted that according to the procedure, the school will sign the seal at the end, and the school will make the final check, which is more conducive to safeguarding the legitimate interests of graduates. Some graduates are required to sign and seal first, and then hand them over to the employer, which is easy to write terms that are harmful to the rights and interests of graduates, resulting in adverse consequences.

The significance of the school's checks is also to confirm whether the signing procedures are complete, otherwise due to incomplete procedures and other reasons, the plan cannot be passed when applying, or the employer cannot report after being sent away, which will increase the psychological burden of graduates.

Labor Contract Law of the People's Republic of China

Article 17. The employment contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

After confirming that it is correct, the whereabouts of the graduating Yufeng are generally not changeable. Because after selecting the destination, the school and the relevant departments will make corresponding arrangements and deal with the mountain according to this destination. If you want to change your destination, you will often need to reapply and will not necessarily be approved.

In addition, in some schools and subjects, it is very important to confirm where you want to graduate. For example, medical graduates need to apply for medical certification and practice, and once they have chosen their destination, they need to be filed and arranged accordingly. Therefore, once you have confirmed your destination after graduation, try not to change your destination easily.

However, if there are special circumstances that require a change of destination, you can apply to the school and relevant departments and explain the reasons. If there are sufficient reasons and there is no adverse impact on the school and other personnel after the change, then the school and relevant departments may consider approving the application.

It is important to note that the destination after graduation is not a contract and has no legal effect. However, choosing where to go means fulfilling the corresponding responsibilities and obligations. Therefore, before choosing where to go after graduation, it is important to carefully consider your interests, abilities, and future career plans to avoid regrets or situations where you need to change your destination.