When will the employment agreement be terminated?

The employment agreement is generally a tripartite agreement when the graduate graduates, that is, the school, the employer and the student himself, and the employment agreement is terminated after the school issues the student's registration card after the three parties sign the employment agreement.

No, it's a tripartite agreement. It's for the question of where your file goes after you graduate. as well as proving the school's employability rate.

1.It seems that it is possible to apply for a one-year suspension of employment. Suspension of employment is actually a good thing, and it is recommended that you can apply.

2.Generally, if you cause a breach of contract, depending on the company, you will generally have a liquidated damages of 3,000 yuan 3Wherever you work, you will sign an employment contract.

It's just that there is a tripartite agreement for fresh graduates, and you seem to have complicated the problem, and the tripartite agreement is not so complicated. Don't think about it so much.

If you are not going to a state-owned enterprise or institution, you can try not to sign the tripartite agreement, and you can leave yourself a year to consider it.

In fact, employment agreements are just a way for schools to calculate employment rates, and they do not play a big role. Generally, it is still necessary to sign a labor contract. If you have discussed the breach of contract with the company when signing the employment agreement, you have talked about compensation, you need to pay compensation, otherwise it is not necessary.

I haven't graduated yet, but a unit has come to our school to recruit and signed an employment agreement, but if you don't go, you will be in breach of contract and you will have to pay liquidated damages.

After reaching an employment intention with the employer, the college graduates must sign the employment agreement issued by the university. The agreement is the basis for transferring the graduates' files and household registration relationships and handling the registration and settlement procedures, and the school will dispatch the graduates' files, household registration and other relationships with the employment agreements signed by the graduates. If you do not sign an employment agreement, you may be sent back to your place of origin after graduation.

Employment Agreement, abbreviation of "National Employment Agreement for Graduates of Ordinary Colleges and Universities". There are several interpretations of the legal effect of the employment agreement:

1) The Civil Contract Theory holds that the employment agreement, as a written form of expression that clarifies the rights and obligations of graduates, employers and schools in the process of employment of graduates, is reached through independent choice and voluntary consultation among graduates, employers and universities on the basis of mutual benefit, and is the product of the agreement of the three parties, which fully embodies the principle of voluntariness in civil law, and in addition, the legal status of the parties in the agreement is equal, whether it is the employer or the graduates. They are in an equal legal position when signing the agreement, there is no subordination relationship, there is no jurisdictional relationship, and they perform their duties according to the principle of two-way choice.

2) Reservation Contract: Reservation Contract: Reservation Contract: It is believed that the employment agreement of college students is the basis for graduates to sign labor contracts with employers in the future. The so-called "appointment" refers to a contract in which the parties agree to conclude a certain contract in the future; The contract that should be concluded in the future is referred to as the "Covenant". According to this theory, the purpose of signing an employment agreement for college students is to ensure that the employer and the graduate will sign a labor contract in the future through the signing of the employment agreement, and the obligation of both parties to sign a labor contract in the future is the main content of the employment agreement.

iii) Conditional contract doctrine The conditional contract doctrine considers an employment agreement to be a contract with conditions for entry into force. The effective condition is that the graduates report to the employer and the employer accepts them. A conditional contract refers to a contract in which the parties agree on certain conditions in the contract, and the occurrence or extinction of the validity of the contract is determined by the achievement of the conditions.

If the employment agreement has a clear effective date, if the employer has not signed the labor contract with you after that date, then in fact he can not perform the agreement with you, which is also implied in the agreement (that is, when the labor contract was signed, but many employers only sign and do not fill in the agreement money). The school's employment agreement is only an agreement, as long as it is to record the student's employment situation, it is not very binding. Therefore, after you sign an agreement with a unit, you should sign a formal labor contract with them as soon as possible, otherwise it is easy to be deceived.

Some units suddenly default on the last period of graduation, and at this time, they often do not have to pay the default fee, which is very unfair.

I suggest you take the initiative and contact the company and ask them to sign a contract with you as soon as possible, and be prepared to prevent accidents. Without the constraints of the contract, it will be troublesome if there is a labor dispute at that time, and you will definitely suffer.

1. When signing the employment agreement, the school will generally review the information of the unit, if the agreement has been stamped with the official seal, it should have been registered with the industry and commerce, and it is recommended to go to the industrial and commercial bureau for verification;

2. Under normal circumstances, once the employment agreement is signed, it has legal effect, and neither party may terminate it without authorization, otherwise the breaching party shall bear the liability for breach of contract as agreed in the agreement;

3. On the issue of liquidated damages, I think it depends on the nature of the supplementary clause of the internship.

1. Fresh graduates may sign three agreements before and after graduation: internship agreement, employment agreement, and labor contract; The internship agreement refers to the agreement that the current students (generally ungraduated) carry out practical learning through the actual work of the internship unit, and clarify the rights and obligations of both parties; An employment agreement refers to an agreement signed between a student and the university and the employer before graduation, with the purpose of binding the student and the employer to establish an employment relationship after graduation. An employment contract refers to a contract in which an employee establishes an employment relationship with an employer and specifies the rights and obligations of both parties.

2. In the event of a dispute over an internship agreement or employment agreement, it shall generally be handled in accordance with the civil dispute and shall be governed by the Contract Law and other relevant laws; After signing the employment agreement, if you enter the employer in accordance with the agreement, and you are about to graduate and have the status of an employee, you shall be deemed to have established an employment relationship with the employer, so the supplementary terms of the internship are not supplementary terms of the employment agreement, and labor laws and regulations shall apply.

3. If there is no breach of contract clause in the employment agreement, in accordance with Article 22 of the Labor Contract Law, if the employer provides the employee with special training expenses and professional and technical training, it may enter into an agreement with the employee 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.

To sum up, I personally prefer not to pay liquidated damages.

Legally binding.

The legal nature of the Employment Agreement for Graduates of Ordinary Colleges and Universities (hereinafter referred to as the "Agreement") is a civil contract. The specific reasons are as follows:

1) The Agreement is a civil juristic act between the graduate and the employer on the basis of equality and mutual benefit. In the employment choice of graduates, graduates can freely choose the employer, to work in the employer with good working conditions, good treatment, suitable for their own development, and the employer can also choose outstanding graduates to work in the unit according to the actual needs of the unit, so as to seek greater benefits and development for the unit. No other person, unit or organization shall interfere with the Agreement reached between the graduates and the employer for reasons other than those prescribed by law.

2) The Agreement is a civil legal act between the graduate and the employer. The Agreement can only be established if the two parties agree on their intentions, otherwise the Agreement cannot be established. In the process of signing the Agreement, the graduates must have a true intention to work for the employer, and the employer must have a true intention to accept and arrange the work of the graduates, so the agreement can only be established if the intention of both parties is the same.

3) The Agreement is a civil legal act for both parties to establish their respective rights and obligations. Due to the different actual conditions in different parts of the country, the rights and obligations of the parties stipulated in the format of the Agreement formulated in different places are different. Taking the Employment Agreement of Ordinary Colleges and Universities in Fujian Province as an example, it includes the following clauses:

According to the terms of work, position, salary, labor treatment, conditions for termination of the employment agreement, liability for violating the employment agreement, etc., the graduates have the right to work in the employer, and the employer has the right to manage the personnel of the graduates.

Is it a tripartite agreement with the school before graduation, which has legal effect?

The employment agreement and the labor contract are written agreements entered into by the employer when hiring graduates, but they are in two different stages that are related to each other, which is manifested in the following aspects: 1. The graduate employment agreement is witnessed by the school when the graduates are in school, and the agreement signed through negotiation with the employer is the basis for the preparation of the graduate employment plan and the dispatch of graduates, and the labor contract is an agreement between the graduates and the employer to clarify the rights and obligations in the labor relationship, and the school is not the subject of the labor contract, nor is it the witness party of the labor contract. The labor contract is the basis for the rights and obligations of graduates such as what kind of position they are engaged in and what kind of treatment they enjoy. 2. The content of the graduate employment agreement is mainly 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 school agrees to recommend the graduates and include them in the employment plan for dispatch.

The content of the labor contract involves all aspects of labor remuneration, labor protection, work content, labor discipline and labor, which is more specific. Labor rights and obligations are clearer. 3. Generally speaking, if the employment agreement is signed before the labor contract is signed and the labor contract is concluded later, if the graduate and the employer have agreed in advance on salary, housing, etc., it can also be indicated in the remarks of the employment agreement, and the content of the labor contract should be recognized in the future.

4. The employment agreement is a preliminary agreement between the graduates and the employer on the future employment intention, which is generally recognized for the basic conditions of both parties and part of the basic content of the labor contract to be signed, and is agreed and witnessed by the superior department of the employer and the employment department of the university.

From the above explanation, the employment agreement has little significance for the guarantee of actual work, and it will not affect the "cadre status", and the enterprise does not agree with it, and the employment agreement also has certain restrictions on the graduates themselves: "After the graduates and the employer sign the "Employment Agreement", both the graduate and the employer should conscientiously fulfill the agreement. If the graduate requests to breach the contract due to special reasons, he or she shall be liable for the breach of contract.

Graduates who have signed the Employment Agreement are required to terminate the contract and pay liquidated damages if they want to breach the contract."

Therefore, my personal opinion is to sign a labor contract with the employer as soon as possible. If you really can't do it, sign a "probationary contract" first. But no matter which form it takes, the key is to clarify the content and terms of the contract (or agreement) and protect your rights and interests, otherwise, it makes little sense to sign it or not.

According to your current situation analysis, I think that your current company does not want to go through the file procedures for you, and another point is that you want to delay the time of signing the contract, that is, if you decide not to want you during the probation period, you can be fired at will, thinking that this can evade the relevant responsibilities of the labor contract law. According to the current employment situation, signing or not signing is actually of no practical significance, now the flow of talent is so fast, even if you move the file to the local talent exchange center, it is useless, the key is to find a good job. If your current job isn't ideal or they don't want to reuse you at all, maybe in two or three months, or even a month, you won't be working there.

Of course, if they do fire you, and on the premise of not signing a contract, you can go to the local labor arbitration department to file a complaint or sue him, so that you will be compensated with double wages.

It is a written agreement reached between graduates of ordinary colleges and universities and employers before formally establishing labor and personnel relations, through two-way selection, establishing employment relations within a specified period of time, and clarifying the rights and obligations of both parties. 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.

Are you a recent graduate?

If you have just graduated, it is useless for you to sign the employment agreement, but in order to improve the employment rate, there is also a role that the terms and conditions of the employment agreement are not responsible or anything, and it also ensures that you go to the system constraints of the unit, and your employment agreement will be invalid immediately after graduation, and you can sign the contract with the unit after graduation.

My understanding is that the employment agreement has no practical effect, but it is stipulated by the Ministry of Education of the country, to understand the employment situation of the society, if you have the ability to go to other units to sign a contract directly, it is completely fine, (the employment agreement is a basis for understanding college students who have a month to intern before graduation).

Hope it helps