I signed a three way contract with the unit, but I terminated the contract with the unit for persona

I also graduated from my senior year this year, and my classmates have experienced the termination of the contract, and I may terminate the contract soon. As far as I can tell, the program looks something like this:

1. Terminate the contract with the original company, pay liquidated damages, and ask the original company to issue a return letter agreeing to terminate the contract.

2. Take the original tripartite agreement and the return letter to the school, and ask the school to replace the new tripartite agreement, and the original agreement will be invalid.

3. Take the new agreement to the new company to sign, and the new agreement is still valid.

After looking at your situation, I feel that your problem is in the school link. The school pursues the employment rate, but it has no right not to send you a new tripartite agreement, and since the original company has agreed, the school has no reason to hold on. You'd better get your hands on the new agreement so that it can be easier to sign later.

But I need to remind you that for yourself, it's better to find a good home. Because in this way, the school can issue you a dispatch card after graduation, your file will be settled, and the cadre status of a university graduate can also be retained. If you haven't found a new unit for the time being, it's best to do your own file attachment in the talent market, so that when you find a new job and need to transfer files, you can save a lot of trouble.

In short, graduation is the first step to the society, although some things are very cumbersome, but it is better to pay attention to your own affairs, after all, you are responsible for yourself.

Finally, good luck finding your dream job!

Since it's a three-party, you only signed two parties, how can it be effective. Does this have anything to do with whether you can graduate or not, and your situation should be, the file is sent back to your hometown.

Legal analysis: The tripartite agreement, which is actually the abbreviation of the "National Employment Agreement for Graduates of Ordinary Colleges and Universities", is a pure agreement signed by fresh graduates when they are employed for the first time, and is signed by the student, the school and the employer. The tripartite agreement will be terminated after the graduates report to the employer and the employer formally accepts the graduates, and then the employer will sign a formal labor contract with the graduates.

Once the employment contract is signed, the validity of the employment agreement will be lost, and if the employment contract contradicts the content of the tripartite agreement, the employment contract shall prevail. The tripartite agreement is binding, as a kind of anonymous contract, which requires all parties to perform the contract, and usually has no right to terminate the tripartite agreement due to personal reasons, and the proposed employer is not at fault, and if there is no fraud or other issues, the parties can only negotiate with the proposed employer. In summary, it can be seen that it is the best choice for the parties to negotiate with the employer to terminate the tripartite agreement before looking for a job, and if the party goes to find a job without permission, which violates the breach of contract clause in the tripartite agreement, the employer can require the party to compensate for the loss and be protected and supported by the law.

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

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; The probationary period shall not exceed six months for employment contracts with a fixed term of more than three years and an indefinite term. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Summary. Hello, dear, I am happy to answer for you: I have signed a tripartite agreement with the unit, and I want to go to a better unit, I can break the contract, but I generally need to bear the liability for breach of contract and pay liquidated damages.

Article 102 of the Labor Law of the People's Republic of China If a worker terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters stipulated in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law.

I signed a tripartite agreement with the unit, and I want to go to a better unit, can I break the contract?

Hello, I am happy to answer for you: I signed a tripartite agreement with the unit, and I want to go to a better unit, you can break the contract, but you generally need to bear the responsibility for breach of contract and pay liquidated damages. Article 102 of the Labor Law of the People's Republic of China If a worker terminates a labor contract in violation of the conditions stipulated in this Law or violates the confidentiality matters stipulated in the labor contract, causing economic losses to the employer, he shall be liable for compensation in accordance with the law.

Is the procedure complicated?

If you have not yet graduated, the student is not a worker in the real sense, so the "Labor Law" does not apply, and you can only sign a tripartite employment agreement with the company, and the tripartite agreement is a contract, protected by the civil law, not protected by the labor law, and it also means that you can breach the contract at any time, and you do not need to file it 30 days in advance. However, if the tripartite agreement stipulates that if the contract is breached, such as holding Zheng Jin, the contract will be broken, and the liquidated damages shall be paid according to the agreement. If the student has already obtained the graduation certificate and has signed the labor contract, if the graduate student wants to resign, he or she must submit it to the company 30 days in advance, and the resignation letter should be scummed.

In this case, no penalty will be charged. However, if the employee has undergone professional and technical training, the employee must pay liquidated damages, and the amount of liquidated damages shall not exceed the training fee.

The pro-formalities process is not complicated.

Haven't graduated yet.

If you have not graduated, the student is not a worker in the real sense, so the "Labor Law" does not apply, and you can only sign a tripartite employment agreement with the company. However, if the agreement between the three agencies and the model party stipulates liquidated damages, if the contract is broken, the liquidated damages must be paid according to the agreement.

What about the process?

You can submit your resignation directly to the company, and then go through the process in the company.

Processes within each company may not be the same.

1. Report to the unit that has signed the tripartite agreement, resign after signing the labor contract, the worker has the right to choose his job freely, and the employer's reply will be deemed valid after one month, and then apply for an unemployment certificate, and then go to the unit you want to go to for reemployment. 2. 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 graduates for breach of contract as lax management of the school, which affects the long-term cooperative relationship between the school and the employer, and may not select graduates from the school in the future due to suspicion of the school. (3) Have an impact on other graduates.

Article 577 of the Civil Code Article 577 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.

Summary. Hello! Kiss.

The tripartite agreement is signed, and if the two parties fail to sign it, the employer has the right to break the contract. Only if the employer and you have signed the agreement, then the agreement may be legally problematic. Because in this case, the lack of participation of the school may lead to the lack of legitimacy of the agreement and the inability to effectively protect the rights and interests of both parties.

In addition, either party has the right to terminate the Agreement before it becomes effective.

If the tripartite agreement is signed by two parties, does the school have the right to break the contract if the employer does not sign it?

Hello! Kiss. The tripartite agreement is signed, and if the two parties fail to sign it, the employer has the right to break the contract.

Only if the employer and you have signed the agreement, then the agreement may be legally problematic. Because in this case, the lack of participation of the school may lead to the lack of legitimacy of the agreement and the inability to effectively protect the rights and interests of both parties. In addition, either party has the right to terminate the Agreement before it becomes effective.

Legal basis: After the tripartite agreement is signed, the agreement can only take effect when all three parties have signed and completed their respective obligations. If one of the parties does not sign the agreement, the agreement is invalid.

If the tripartite agreement signed between the employer and you is not signed by the school, the employer may unilaterally annul the agreement without the consent of the school. It is recommended that you consult a professional lawyer or relevant legal institution for more detailed legal advice and assistance.

If the tripartite agreement is not signed by the school, the employer must notify the student before breaking the contract.

Kiss, there is an agreement that is not signed by one party is not in effect.

The child doesn't want to give up this job, and he is afraid that the other party will break the contract, what should he do?

What kind of contract is it?

What does it have to do with the child's work.

The child is a fresh graduate, and the tripartite agreement signed with the employment order a few years ago has not yet been signed by the school: the student does not want to give up the job, and is afraid that the employer will recruit full workers and break the contract by himself, what should we do now.

You can ask the school to sign the contract as early as possible.

Can you contact the employer first, and then ask the school to sign the agreement as soon as possible?

Yes, but it is a tripartite contract, and the employer may need to wait until the school signs it.

In accordance with the tripartite agreement.

If there is a breach of contract, it is necessary to compensate for the damages.

If there is no relevant treaty, just explain the situation to your company, if you don't go, no one else will force you to pass.

Or you explain that you have already taken the exam to enter a public institution, which is also possible.

There is the issue of liquidated damages. Once the employment agreement is signed by the graduate and the employer, it has legal effect, and neither party may 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.

Consequences of breach of contract: Graduates who breach the contract, in addition to the liability for breach of contract and pay liquidated damages. It often causes other undesirable consequences, mainly manifested in:

1. As far as the employer is concerned, the employer often does a lot of work to hire a graduate, and some even have arrangements for the specific work that the graduate will be engaged in. At the same time, the employment and working hours of graduates are relatively concentrated, and once graduates default for some reason, it will inevitably make the employer's employment work go to waste. As a result, the employer will be passive in its work.

2. As far as the school is concerned, the employer often considers the graduate's breach of contract as the school's behavior, which affects the long-term cooperative relationship between the school and the employer. Employers are skeptical of the school's recommendation due to the graduate's breach of contract. Historically, once a graduate defaults, the employer is reluctant to come to the school to select the graduate within a few years.

In the face of fierce competition for employment, the demand of employers is the premise for graduates to choose a successful career, and if it continues, it will definitely affect the employment of graduates in the future. At the same time, it affects the formulation and reporting of the school's employment plan, and affects the normal dispatch work of the school.

3. As far as other graduates are concerned, the employer selects the graduates at the school, and once the employment agreement is signed with a graduate, it is impossible to hire other graduates. If the graduate defaults in the future, some other graduates who originally wanted to work at the employer will not be able to fill the vacancies due to employment time and other reasons, resulting in a waste of employment information and affecting the employment of other graduates. Therefore, graduates should choose carefully and fulfill their contracts carefully in the employment process.

The "National Employment Agreement for Graduates of Ordinary Colleges and Universities" is a written agreement reached between graduates of ordinary colleges and universities and employers before formally establishing the labor and personnel relationship, establishing the employment relationship within the specified time limit and clarifying the rights and obligations of both parties, which is an important evidence for the employer to confirm the authenticity and reliability of the relevant information of the graduates and to accept the graduates, and is also an important basis for the colleges and universities to carry out the employment management of graduates, the preparation of employment plans, and the employment and settlement procedures of graduates. The agreement will be terminated after the graduate reports to the employer and the employer officially accepts it. Employment agreements are generally tabulated by the Ministry of Education or the employment authorities of all provinces, municipalities and autonomous regions.

It doesn't exist, just find an agreement from your graduate school classmates and use it directly, no problem at all. If not, you can submit an application to the school, which is the trouble point. Now that the contract is signed and the company is given a month's notice of resignation, the company has to agree unconditionally.

Don't worry at all, buddy, I graduated last year, signed 4 agreements, and finally sold myself.

Then since you have signed a contract for liquidated damages, then you have to negotiate with the company.

There are two situations in which you can directly breach the contract, the Graduate Admission Letter or the Civil Servant.

If you don't belong to you, you have to look at the face of the company, but most companies won't embarrass everyone.

When saving with the company, you must have a good attitude, and think of a reason why you have to save.